Family Law Human Rights Law

Laws of Caring: The Right to Marry Defended

By Bartosz Biskup
New Arrival Edward Elgar Publishing March 2026

Specifications

ISBN-13
9781035374380
Publisher
Edward Elgar Publishing
Publication
March 2026
Format
Hardback
Jurisdiction
U.K. ? Countri(es) for reference only

Details

In this provocative book, Bartosz Biskup advocates for a reform of the right to marry, arguing that this right should extend beyond romantic or sexual couples to include any relationship that provides care and support.

Through philosophical and legal analysis of the European Convention on Human Rights, Biskup concludes that the right to marry is currently an empty status that neglects to explain why marriage deserves special protection. He adopts an ameliorative legal philosophy to illustrate how relationships should receive legal recognition based on care and vulnerability rather than sexual intimacy. Biskup''s research encompasses various common situations including adult siblings sharing a home, friends who become primary caregivers and chosen families. Rather than abolishing marriage, Biskup outlines how the institution of marriage can be improved to create a more just family law system while still upholding the human right to marry.

Laws of Caring provides a novel ontological framework for understanding legal kinds and institutional change through social amendment, making it a valuable resource for scholars and students of legal philosophy, family law and social ontology. It is also highly relevant to human rights practitioners in NGOs and international organizations who focus on family diversity, especially the rights of LGBTQ+ and non-conjugal families.

Table of Contents

1.
Legal partiality
2.
The received view about the right to marry
3.
The ontology of the received view
4.
Legal kinds
5.
Normative kinds: marriage and civil union
6.
Marriage skepticism
7.
The right to marry
Conclusions to Laws of Caring
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