(Oxford University Press, 2017)
Available to order now! Use the code AAFLYG6 at www.oup.com to buy the book at 30% off.
You can read the book on Oxford Scholarship Online here.
Against Marriage is a radical argument for the abolition of state-recognised marriage. Clare Chambers argues that state-recognised marriage violates both equality and liberty, even when expanded to include same-sex couples. Instead Chambers proposes the marriage-free state: an egalitarian state in which religious or secular marriages are permitted but have no legal status.
Part I makes the case against marriage. Chambers investigates the critique of marriage that has developed within feminist and liberal theory. Feminists have long argued that marriage is a violation of equality since it is both sexist and heterosexist. Chambers endorses the feminist view and argues, in contrast to recent egalitarian pro-marriage movements, that same-sex marriage is not enough to make marriage equal. Chambers argues that state-recognised marriage is also problematic for liberalism, particularly political liberalism, since it imposes a controversial, hierarchical conception of the family that excludes many adults and children.
Part II sets out the case for the marriage-free state. Chambers critically assesses recent theories that attempt to make marriage egalitarian, either by replacing it with relationship contracts or by replacing it with alternative statuses such as civil union. She then sets out a new model for the legal regulation of personal relationships. In the marriage-free state regulation is based on relationship practices not relationship status, and these practices are regulated separately rather than as a bundle. The marriage-free state thus employs piecemeal, practice-based regulation. Finally, Chambers considers how the marriage-free state should respond to unequal religious marriage. The result is an inspiring egalitarian approach that fits the diversity of real relationships.
Introduction: “The Marriage-Free State”
Chapter 1: “Marriage as a Violation of Equality”
Chapter 2: “Marriage as a Violation of Neutrality”
Chapter 3: “A Liberal Defence of Marriage?”
Chapter 4: “The Limitations of Contract”
Chapter 5: “Regulating Relationships in the Marriage-Free State”
Chapter 6: “Marriage in the Marriage-Free State”
Part One, “Against Marriage,” sets out objections to marriage regimes. Chapter 1, “Marriage as a Violation of Equality,” makes the foundational egalitarian case against marriage. It starts with a historical overview of feminist objections to marriage and notes that feminists tend to criticise marriage for being both sexist and heterosexist. This two-pronged attack looks puzzling. How can it be both bad for women to be married and bad for lesbians and gays to be unmarried? The discussion continues with an analysis of whether same-sex marriage is egalitarian. It concludes that, in a marriage regime, same-sex marriage is both required by and insufficient for equality. Finally, the chapter argues that reformed versions of marriage such as civil union still enact inequality between those who have and those who lack the relevant status. It follows that the abolition of state-recognised marriage best meets the myriad egalitarian objections to the institution.
Chapter 2, “Marriage as a Violation of Liberty,” considers liberal objections to marriage. Perfectionist or comprehensive liberals should reject state-recognised marriage as limiting autonomy in the service of an unappealing and restrictive model of human perfection. But political liberals should go further, and reject state-recognised marriage as prima facie incompatible with neutrality. The chapter clarifies the nature of political liberal neutrality, and establishes that there are many reasonable conceptions of the good that are not compatible with the state recognition of marriage. This fact means that marriage is not a neutral, political institution, and that promotion of it is an act of perfectionism.
The chapter then discusses the idea that political liberalism might be compatible with policies that are prima facie non-neutral if those policies can be supported by public reason. Political liberalism is ambiguous between two forms of neutrality: strict and lax. Strict neutrality allows state action only if sufficiently weighty public reasons can be adduced in favour of a policy; lax neutrality permits the state to act just as long as some public reason can be given. If political liberalism is to be an interesting philosophical approach it will defend strict neutrality, so any public reasons offered in support of state-recognised marriage must be weighty enough to overcome the non-neutrality of that institution.
This line of argument continues in Chapter 3, “A Liberal Defence of Marriage?” This chapter considers and rejects five potential liberal arguments in favour of marriage: arguments that, if successful, might work as public reasons for political liberals or might make marriage into an attractive account of human flourishing for perfectionist or comprehensive liberals. These arguments are based on communication, gender equality, care, the interests of society, and children’s interests. The chapter argues that, while these arguments do highlight legitimate public goods, they fail to show that state-recognised marriage is a necessary or acceptable way of achieving them.
If marriage is no longer to be recognized by the state, what should replace it? Part Two, “The Marriage-Free State,” answers this question. Many theorists defend relationship contracts. Some argue that enforceable relationship contracts should be available alongside existing or reformed state-recognised marriage, and available to either married or unmarried couples. Other theorists argue that relationship contracts are the best sort of legal regulation to replace marriage. It is this latter question that is the subject of Chapter 4: “The Limitations of Contract.” The chapter contrasts contract and directive models of regulation, and notes that contract appears more compatible with liberty than does directive. However this appearance is illusory since contracts can undermine liberty, directives can enhance liberty, and even a contract regime requires default directives. Moreover, there are various problems with the enforcement of relationship contracts. Specific performance is rarely appropriate in the relationship context. The alternative, fault-based compensatory alimony, risks causing injustice to vulnerable parties such as those who take on caring responsibilities (usually women) and children. Relational contract theory attempts to deal with some of these problems but has its own limitations. The chapter concludes that contract is not the best replacement for marriage.
Chapter 5, “Regulating Relationships in the Marriage-Free State,” sets out a new model for regulating personal relationships, one that relies on neither contract nor a holistic status such as marriage or civil partnership. Critics of marriage have suggested one of these two options, with most recent feminist and egalitarian work focusing on alternative holistic statuses such as Tamara Metz’s Intimate Care-Giving Unions or Elizabeth Brake’s Minimal Marriages. These new holistic statuses, while they improve on marriage, do not avoid a fundamental problem for egalitarians: an unjust distinction between those who have, and those who lack, that status. Instead, the chapter sets out three features of regulation in the marriage-free state. First, it is piecemeal not holistic: relationship functions are regulated separately, without assuming bundling or an ideal-typical relationship format. Second, it proceeds via practices not status: regulation applies to those who are acting in certain ways rather than being dependent on a status that must be formally acquired. Third, liberty is secured by opting out of default regulations rather than opting in. This model of regulation is compared with alternatives found in both political philosophy and legal practice.
Finally Chapter 6, “Marriage in the Marriage-Free State,” considers the extent to which the state should seek to regulate any private religious or secular marriages that citizens might enter into. In the marriage-free state citizens could still take part in religious or secular marriage ceremonies. This is why the marriage-free state is not a marriage-free society. It does not follow, however, that the state should take no interest at all in such marriages, since they may take place in the context of oppression or injustice. The chapter sets out the case for intervention in marriages that are not recognised by the state, drawing on the model of liberal intervention in cultural practices set out in my first book Sex, Culture, and Justice: The Limits of Choice.
Many theorists defend relationship contracts. Some argue that enforceable relationship contracts should be available alongside existing or reformed state-recognised marriage, and available to either married or unmarried couples. Other theorists argue that relationship contracts are the best sort of legal regulation to replace marriage. It is this latter question that is the subject of this chapter. The chapter contrasts contract and directive models of regulation, and notes that contract appears more compatible with liberty than does directive. However this appearance is illusory since contracts can undermine liberty, directives can enhance liberty, and even a contract regime requires default directives. Moreover, there are various problems with the enforcement of relationship contracts. Specific performance is rarely appropriate in the relationship context. The alternative, fault-based compensatory alimony, risks causing injustice to vulnerable parties such as those who take on caring responsibilities (usually women) and children. Relational contract theory attempts to deal with some of these problems but has its own limitations. The chapter concludes that contract is not the best replacement for marriage.
The book is “strenuously avant-garde”. The New York Times (5th April 2016).
Chambers’ chapter is “sobering and refreshing”. Notre Dame Philosophical Reviews (2nd May 2016).
Chambers, “one of the best-known advocates” of the claim that marriage should not be recognised by the state, contributes a “nuanced and lucid” chapter that is “among the most interesting contributions in the volume.” Hypatia (2017)
You can read more about the book here.
For some feminists liberalism is little more than patriarchy in disguise; for others, it is the framework for securing justice. Feminism, like all other positions in political philosophy, is a range of views rather than a single determinate viewpoint. One aspect of this range is that feminism includes both academics and activists, for whom the term ‘liberalism’ can signify rather different things; after all, liberalism is not one single thing either.
In this chapter I start by considering feminist criticisms of liberalism. I discuss two aspects of feminist critique: first, academic feminist critiques of non-feminist liberal philosophy; second, activist feminist critiques of what is variously called “choice feminism”, “third-wave feminism”, or simply “liberal feminism”.
I then move to those feminists who endorse liberalism and argue that a suitably modified liberalism offers the best path to gender equality. This position, “feminist liberalism,” is mostly found in contemporary Anglo-American political philosophy. Feminist liberals understand liberalism as a commitment to substantive, demanding principles of justice based on freedom and equality. Included in this section are those feminist approaches that combine radical feminism’s insights about the limitations of individual choice with feminist liberalism’s commitment to autonomy, equality, and justice.
See more about the book here.
I took part in a “remunerations panel”, discussing the philosophy behind how much people should be paid. The item was broadcast live on 7th June 2015. You can listen here – the item starts 14 minutes in.
My piece “Liberal views” discusses different models of separation of church and state, as they are conceptualised philosophically and as they apply to actual polities. The article is here.
I participated in this excellent event at the University of Birmingham. Details here.
My work was cited in Fabiana, the magazine of the Fabian Society Women’s Network, issue 2 p. 7 (Winter 2012). Print and on-line, on-line available here.
My chapter on “Feminism” from the Oxford Handbook of Political Ideologies was cited in Rahila Gupta, “Has neoliberalism knocked feminism sideways?” 4th January 2012. Available here.
My Philosophy Bites podcast on “Liberalism and Intervention”, an interview with Nigel Warburton produced by David Edmonds, is part of the special series “Multiculturalism Bites”, available here.
Clare Chambers and Phil Parvin (Hodder & Stoughton, 2012)
Written by two leading experts, this book can help you whether you are studying for an important exam or simply want to improve your knowledge.
The first half of the book introduces the reader to the essential concepts within political philosophy, such as freedom, equality, power, democracy, rights, and the state.
The second half of the book looks at how influential political philosophers, such as Plato, Rawls and Mill, have used these fundamental concepts in order to tackle a range of normative political questions such as whether the state has a responsibility to alleviate inequalities, and what role liberal and democratic states should play in regulating the cultural or religious beliefs of citizens.
(Dr Daniel Butt, Lecturer in Political Theory, University of Bristol)
‘A lively, accessible and engaging read. Comprehensive and well organized, it provides an updated account of key concepts in contemporary political philosophy, and highlights their relevance to political life in the 21st century. A valuable book for anyone taking their first steps in the world of political philosophy, or anyone who seeks to understand the normative challenges faced by our society today.’
(Dr Avia Pasternak, Lecturer in Political Theory, University of Essex)
‘Written in a clear and accessible style, it is an engaging introduction for those who are new to political philosophy and wish to think through some of its most important questions. In addition to offering outlines of key arguments, each chapter also contains a summary of main concepts, self-test questions, a wonderful selection of quotations and some attention-grabbing ‘nuggets”
(Dr Zosia Stemplowska, University Lecturer in Political Theory, University of Oxford)
In Section 50 of Justice as Fairness: A Restatement, titled “The Family as a Basic Institution”, John Rawls replies to Susan Moller Okin’s feminist critique of A Theory of Justice. The question of how Rawlsian justice might secure gender equality has been discussed by many feminists, most notably by Okin. However, as I argue in this chapter, the Rawls-Okin debate raises more questions than it answers. Okin criticises Rawls for failing to apply his theory adequately to the family: she criticises not Rawls’s approach in general, but his attitude to the family in particular. Okin argues that a consistent application of Rawlsian theory would secure gender justice, but that Rawls is remiss in refusing such consistency. In fact, as I show, Rawls’s remarks on the family reveal a more fundamental problem with Rawlsian theory than Okin allows. It is not that Rawls fails to apply his theory correctly to the family, but rather that the specific case of the family illustrates deep-seated difficulties with Rawlsian justice as a whole.
The problem, to give an outline, is that Rawls’s ambiguous remarks on the family are comprehensible only at the expense of his fundamental claim that there is something distinctive about the application of justice to the basic structure. Okin criticises Rawls for failing to make good on the fact that the family is part of the basic structure. If he did make good, Okin claims, he would see that the principles of justice must apply to the family in a much more extensive way than he actually allows. As I show, however, the family is one illustration of the fact that how the principles of justice apply to an institution does not depend on whether that institution is part of the basic structure. This is a problem for Rawls because the distinctiveness of the basic structure is a crucial part of the political liberalism which, by the end of his work, has become essential to the Rawlsian project.
In this chapter I first outline Okin’s critique of Rawls in more detail, and provide a valid formalisation of her argument against Rawls. I then examine the main premises of her argument and look for evidence to support Okin’s interpretation of Rawls. I conclude that Okin’s interpretation is flawed but nonetheless highlights problems with Rawls’s claim that the basic structure is the subject of justice. I then consider and reject the argument that Rawls’s theory is consistent according to what I call the “whole structure view”: that the principles of justice apply to the basic structure considered as a whole. Finally, I consider G.A. Cohen’s argument that the basic structure distinction is problematic. I agree with Cohen’s criticism of the distinction, but suggest that Cohen is wrong in situating the problem with the issue of coercion. I conclude that Rawls’s position on justice in the family is at odds with his claim that the basic structure is uniquely the subject of justice.
You can see more about the book here.
This paper claims that a focus on gender as a source of controversy, and on feminism as a theoretical and practical approach, prompts a rethinking of the role of dialogue away from the liberal constitutionalist focus of deliberative democracy and towards a more fluid, reflexive approach.
This paper introduces the concept of a Moment of Equal Opportunity (MEO): a point in an individual’s life at which equal opportunity must be applied and after which it need not. The concept of equal opportunity takes many forms, and not all employ an MEO. However, the more egalitarian a theory of equal opportunity is, the more likely it is to use an MEO. The paper discusses various theories of equal opportunity and argues that those that employ an MEO are problematic. Unjust inequalities, those that motivate the use of equal opportunity, occur throughout peoples’ lives and thus go unrectified after an MEO. However, it is not possible to abandon the MEO approach and apply more egalitarian versions of equal opportunity throughout a person’s life since doing so entails problems of epistemology, efficiency, incentives and counter-intuitive results. The paper thus argues that liberal egalitarian theories of equality of opportunity are inconsistent if they support an MEO and unrealisable if they do not.
You can read this paper here.
(with Phil Parvin) in Matt Matravers and Lukas Meyer (eds.), Democracy, Equality, and Justice (Routledge and special issue of Critical Review of International Social and Political Philosophy (CRISPP) Vol. 13 No. 1 (2010).
In this article, we evaluate the capacity of liberal egalitarianism to rebut what we call the libertarian challenge of charity. This challenge states that coercive redistributive taxation is neither needed nor justified, since those who endorse redistribution can give charitably, and those who do not endorse redistribution cannot justifiably be coerced. We argue that contemporary developments in liberal political thought render liberalism more vulnerable to this libertarian challenge.
Many liberals have, in recent years, sought to recast liberalism such that it is more hospitable to cultural, religious, and ethnic diversity. This move has resulted in increased support for the claim that liberalism should be understood as a political rather than comprehensive doctrine, and that liberal institutions should draw their legitimacy from agreements made among members of an appropriately conceived deliberative community, rather than from controversial liberal principles like individual autonomy. We argue that, while this move may indeed make liberalism more compatible with cultural diversity, it also makes it more vulnerable to the libertarian challenge of charity. Not all versions of liberalism are troubled by the challenge, but those that are troubled by it are increasingly dominant.
We also discuss G.A. Cohen’s claim that liberal equality requires an ‘egalitarian ethos’ and argue that, if Cohen is right, it is difficult to see how there can be an adequate response to the libertarian challenge of charity. In general, our argument can be summarised as follows: the more that liberalism is concerned accurately to model the actual democratic wishes and motivations of the people it governs, the less it is able to justify coercively imposing redistributive principles of justice.
You can read a copy of this paper here.
(Penn State University Press, 2008)
Autonomy is fundamental to liberalism. But autonomous individuals often choose to do things that harm themselves or undermine their equality. In particular, women often choose to participate in practices of sexual inequality-cosmetic surgery, gendered patterns of work and childcare, makeup, restrictive clothing, or the sexual subordination required by membership in certain religious groups. In this book, Clare Chambers argues that this predicament poses a fundamental challenge to many existing liberal and multicultural theories that dominate contemporary political philosophy. Chambers argues that a theory of justice cannot ignore the influence of culture and the role it plays in shaping choices. If cultures shape choices, it is problematic to use those choices as the measure of the justice of the culture. Drawing upon feminist critiques of gender inequality and poststructuralist theories of social construction, she argues that we should accept some of the multicultural claims about the importance of culture in shaping our actions and identities, but that we should reach the opposite normative conclusion to that of multiculturalists and many liberals. Rather than using the idea of social construction to justify cultural respect or protection, we should use it to ground a critical stance toward cultural norms. The book presents radical proposals for state action to promote sexual and cultural justice.
“[A]n interesting, important, wide-ranging and well-argued book that contains a controversial proposal that will, no doubt, be widely debated.”
—Times Higher Education
“[A]n important book. … Very few first-rate analytical thinkers … engage with social theorists: Chambers is a notable exception, and if only for that reason, her contribution should serve as a model for any endeavour of this kind. … Moreover, its strength lies not merely in the author’s mastery of two disparate intellectual traditions, but also in its cogent and provocative defence of a number of proposals.“
“[E]xtremely successful. … Testament to her scholarly rigour, Chambers skilfully avoids alienating either side of the academic divide [between analytical and continental philosophy]; achieving her stated aim, she undermines the foundations upon which such divides are rooted. … This opportune and tightly argued work reveals the extent to which equality and justice cannot be guaranteed by a political liberalism which venerates autonomy to the exclusion of other important values. Setting itself apart from other work in its field, this book forms, albeit on its own terms, part of the solution.”
“Chambers’ work makes a highly valuable contribution to contemporary philosophical debates. … Chambers’ work represents a great advance in attempting to forge a path between two positions which are so often considered to be diametrically opposed. The project … is a vital one. … [T]he value of the theoretical contribution, both to liberal and feminist philosophy, is indisputable.”
“Her interwoven arguments … are complex, meticulous and inventive. … [T]here is real potential here for this book to alter mainstream liberal thinking.”
“An incisive, well-written book with a sustained, original argument.”
—Ruth Abbey, University of Notre Dame
“The book contributes significantly to the literature of liberalism, autonomy, and feminism.”
—Ann Cudd, University of Kansas
“Chambers’ refreshing approach has the potential to expand the scope of conventional liberal theory by showing how liberals can (and should) directly meet the challenge of postmodern approaches and by demonstrating that feminist contributions are the well from which most innovations in liberalism are drawn.”
—Avigail Eisenberg, University of Victoria
This article argues that, while Claudia Card is right to reject proffered excuses for torture, her strategy for demonstrating that torture is an evil and thus inexcusable is problematic. You can read the paper here.
This paper outlines two forms of autonomy, and argues that political liberals such as Martha Nussbaum wrongly prioritise second-order autonomy. As a result, they cannot provide adequate criticism of unjust social norms. The two cases of breast implants and female genital mutilation are compared to illustrate this point.
This paper takes issue with Will Kymlicka’s arguments on ethnocultural justice. It argues that liberal nation-building is not the same thing as minority nation-building, and that the former need not cause injustice to minority ethnocultural groups.
You can read the paper here.
This paper highlights a rare aspect of Brian Barry’s Culture and Equality that is not liberal enough: his assertion that unequal outcomes are unproblematic if they have been chosen. The paper argues instead that an ‘equality tribunal’ should be empowered to rule against certain forms of discrimination within groups.