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Profile: Elizabeth Brake (Arizona State University)
  1. 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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  2. Elizabeth Brake (2013). Overall , Christine . Why Have Children? The Ethical Debate . Cambridge, MA: MIT Press, 2012. Pp. 253. $27.95 (Cloth). Ethics 123 (2):391-396.
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  3. Elizabeth Brake (2012). Minimizing Marriage: Marriage, Morality, and the Law. OUP USA.
    Even in secular and civil contexts, marriage retains sacramental connotations. Yet what moral significance does it have? This book examines its morally salient features - promise, commitment, care, and contract - with surprising results. In Part One, "De-Moralizing Marriage," essays on promise and commitment argue that we cannot promise to love and so wedding vows are (mostly) failed promises, and that marriage may be a poor commitment strategy. The book contends with the most influential philosophical accounts of the moral value (...)
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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 (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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  6. 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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  7. 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.
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  8. 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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  9. 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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  10. 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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  11. Elizabeth Brake (2005). Fatherhood and Child Support: Do Men Have a Right to Choose? Journal of Applied Philosophy 22 (1):55–73.
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  12. 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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  13. 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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  14. Elizabeth Brake (2002). Norms and Values: Essays on the Work of Virginia Held (Review). Hypatia 17 (1):200-203.
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  15. 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.
  16. Elizabeth Brake (1998). Jeffrey A. Gauthier, Hegel and Feminist Social Criticism Reviewed By. Philosophy in Review 18 (6):421-422.
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