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Profile: Elizabeth Brake (Arizona State University)
  1.  45
    Elizabeth Brake (2012). Minimizing Marriage: Marriage, Morality, and the Law. OUP Usa.
    This book addresses fundamental questions about marriage in moral and political philosophy. It examines promise, commitment, care, and contract to argue that marriage is not morally transformative. It argues that marriage discriminates against other forms of caring relationships and that, legally, restrictions on entry should be minimized.
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  2. Elizabeth Brake (2010). Minimal Marriage: What Political Liberalism Implies for Marriage Law. Ethics 120 (2):302-337.
    Recent defenses of same-sex marriage and polygamy have invoked the liberal doctrines of neutrality and public reason. Such reasoning is generally sound but does not go far enough. This paper traces the full implications of political liberalism for marriage. I argue that the constraints of public reason, applied to marriage law, entail ‘minimal marriage’, the most extensive set of state-determined restrictions on marriage compatible with political liberalism. Minimal marriage sets no principled restrictions on the sex or number of spouses and (...)
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  3.  15
    Elizabeth Brake, Why Can’T We Be Friends?
    The legal benefits of same-sex marriage should be expanded to other relationships, argues Elizabeth Brake.
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  4. Elizabeth Brake (2011). Is Divorce Promise-Breaking? Ethical Theory and Moral Practice 14 (1):23-39.
    Wedding vows seem to be promises. So they go: I promise to love, honour, and cherish .... But this poses a problem. Divorce is not widely seen as a serious moral wrong, but breaking a promise is. I first consider, and defend against preliminary objections, a ‘hard-line’ response: divorce is indeed prima facie impermissible promise-breaking. I next consider the ‘hardship’ response—the hardship of failed marriages overrides the prima facie duty to keep promises. However, this would release promisors in far too (...)
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  5. Elizabeth Brake (2005). Fatherhood and Child Support: Do Men Have a Right to Choose? Journal of Applied Philosophy 22 (1):55–73.
  6. Elizabeth Brake (2004). Rawls and Feminism: What Should Feminists Make of Liberal Neutrality? Journal of Moral Philosophy 1 (3):293-309.
    the issue of liberal neutrality, a topic suggested by the work of Catharine MacKinnon. I discuss two kinds of neutrality: neutrality at the level of justifying liberalism itself, and state neutrality in political decision-making. Both kinds are contentious within liberal theory. Rawls’s argument for justice as fairness has been criticized for non-neutrality at the justificatory level, a problem noted by Rawls himself in Political Liberalism . I will defend a qualified account of neutrality at the justificatory level, taking an epistemic (...)
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  7. Elizabeth Brake (2014). Recognizing Care: The Case for Friendship and Polyamory. Syracuse Law and Civic Engagement Forum 1 (1).
    This paper responds to arguments that polyamorous groups or care networks do not qualify for equal treatment with marriages. It refutes the points that polyamory is inherently hierarchical or unstable, that there are too few people in such arrangements to mount an argument for recognition, that polyamory harms children, and that there are insurmountable legal and practical hurdles to network marriage. Finally, it respond to the charge that extending recognition to polyamorists will devalue the recognition of same-sex marriage.
     
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  8.  50
    Elizabeth Brake (2005). Justice and Virtue in Kant's Account of Marriage. Kantian Review 9 (1):58-94.
    All duties are either duties of right (officia iuris), that is, duties for which external lawgiving is possible, or duties of virtue (officia virtutis s. ethica), for which external lawgiving is not possible. – Duties of virtue cannot be subject to external lawgiving simply because they have to do with an end which (or the having of which) is also a duty. No external lawgiving can bring about someone's setting an end for himself (because this is an internal act of (...)
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  9. Elizabeth Brake (2010). Willing Parents: A Voluntarist Account of Parental Role Obligations. In David Archard & David Benatar (eds.), Procreation and Parenthood: The Ethics of Bearing and Rearing Children. Oxford University Press 151--77.
  10.  35
    Elizabeth Brake (2002). Norms and Values: Essays on the Work of Virginia Held (Review). Hypatia 17 (1):200-203.
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  11.  48
    Elizabeth Brake (2007). Marriage, Morality, and Institutional Value. Ethical Theory and Moral Practice 10 (3):243 - 254.
    This paper develops a Kantian account of the moral assessment of institutions. The problem I address is this: while a deontological theory may find that some legal institutions are required by justice, it is not obvious how such a theory can assess institutions not strictly required (or prohibited) by justice. As a starting-point, I consider intuitions that in some cases it is desirable to attribute non-consequentialist moral value to institutions not required by justice. I will argue that neither consequentialist nor (...)
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  12.  22
    Elizabeth Brake (2006). Review of Rebecca Kukla, Mass Hysteria: Medicine, Culture, and Mothers' Bodies. [REVIEW] Notre Dame Philosophical Reviews 2006 (12).
    of Rebecca Kukla , , from Notre Dame Philosophical Reviews.
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  13.  6
    Elizabeth Brake (2011). Tamara Metz , Untying the Knot: Marriage, the State, and the Case for Their Divorce . Reviewed By. Philosophy in Review 30 (6):418-421.
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  14.  1
    Elizabeth Brake (2007). Marriage, Morality, and Institutional Value. Ethical Theory and Moral Practice 10 (3):243-254.
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  15.  6
    Elizabeth Brake (2013). Overall, Christine.Why Have Children? The Ethical Debate.Cambridge, MA: MIT Press, 2012. Pp. 253. $27.95. Ethics 123 (2):391-396.
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  16.  1
    Elizabeth Brake (forthcoming). Fair Care Elder Care and Distributive Justice. Politics, Philosophy and Economics:1470594-15600831.
    Caring relationships and material caregiving are politically significant goods that should be distributed according to principles of justice. I argue that, within Rawlsian liberalism, care should be considered a primary good and propose a third principle of justice requiring access to the social and legal supports of caring relationships. I examine what social and legal institutions supporting care might require, with particular attention to allowing the infirm elderly and persons with disabilities access to caring relationships. I propose the formation of (...)
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  17.  8
    Elizabeth Brake (2002). Book Review: Joram G. Haber and Mark S. Halfon. Norms and Values: Essays on the Work of Virginia Held. Lanham, Md.: Rowman and Littlefield, 1998. [REVIEW] Hypatia 17 (1):200-203.
  18. Elizabeth Brake (1998). Jeffrey A. Gauthier, Hegel and Feminist Social Criticism Reviewed By. Philosophy in Review 18 (6):421-422.
     
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  19. C. Fred Alford, Michael J. Almeida, Chrisoula Andreou, Maria Antonaccio, Christopher Bennett, Ben Bradley, Elizabeth Brake, Sarah Broadie, Baruch Brody & Nicholas Buccola (2008). Referees for Volume 5. Journal of Moral Philosophy 5:465-466.
     
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  20. Elizabeth Brake (ed.) (2016). After Marriage: Rethinking Marital Relationships. Oxford University Press Usa.
    In this collection, liberal and feminist philosophers debate whether marriage reform ought to stop with same-sex marriage. Some authors argue for abolishing marriage or for new legal forms such as polygamy or temporary marriage. Others argue that the liberal values justifying same-sex marriage do not entail further reform.
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  21. Elizabeth Brake (ed.) (forthcoming). Beyond Marriage. Oxford University Press.
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  22. Elizabeth Brake (2002). Book Review: Joram G. Haber and Mark S. Halfon. Norms and Values: Essays on the Work of Virginia Held. Lanham, Md.: Rowman and Littlefield, 1998. [REVIEW] Hypatia: A Journal of Feminist Philosophy 17 (1):200-203.
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  23. Elizabeth Brake (1998). Jeffrey A. Gauthier, Hegel and Feminist Social Criticism. [REVIEW] Philosophy in Review 18:421-422.
     
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  24. Elizabeth Brake (2000). Sex Skeptics: Speech is Free but Thought Remains In Chains. [REVIEW] Reason Papers 25:101-112.
     
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  25. Elizabeth Brake (2010). Tamara Metz, Untying the Knot: Marriage, the State, and the Case for Their Divorce. [REVIEW] Philosophy in Review 30:418-421.
     
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