IKE Domas-Marriages between persons of the same sex. A libertariana perspective (September 2009)

Home / IKE Domas-Marriages between persons of the same sex. A libertariana perspective (September 2009)

* Originally Published in the new journal of human rights

 

Summary: both against and in favor of legalizing marriages between persons of the same sex have a guess that the commune: the State must define the status of marriage through a unique formula. Libertarienilor solution is the privatization of marriage, that is the prerogative of the transfer the concluding State matrimonial unions towards a set of civil organizations in competition, be they religious or secular. Economic analysis of law and public choice theory perspective shows why this pluralist system which in first instance allows a variety of unions then eliminating them only those proven in a Court as damaging to third parties, it would be, as opposed to the status quo, to present the types of unions. This system would better serve the ideals of liberty, equality and justice, and would satisfy better synchronization and conservative stringenta of the degree of social acceptance and legal treatment. Philosophical analysis of the way in which the words naturally gain new meanings seem to debunk and definitional argument against marriage between persons of the same sex-after which it would be impossible to be semantically "knot". Formally, it sustains the objection of slope type lunecoase that the liberalization of open legal marriages and polygamy and even unions with animals or dating inanimate objects; in practice, but weakened due to objection is psihlogice special value that people attach symmetrical relations. Position support so it is a system in which structural freedom manifests itself, due to the demand of psychological preference for symmetrical relationships and hence for equality.

 

* Thanks to professors Mihail Solcan R and Dragos Paul Eugene, Slipper, Irene Galvez, Christian Tudor Mk, Bobby Valentine and Vlad for valuable comments and ideas.