| 英文摘要 |
Focusing chiefly on the efficiency advantages of marriage as a legal status that should be open to couples regardless of sex, rather than on the more familiar constitutional and human rights arguments for same-sex marriage recognition, this article applies the tools of law and economics to an analysis of the legal institution of marriage as it has developed over time and in the recent past in a variety of legal systems, including chiefly the United States and Taiwan, but also, inter alia, Hong Kong, Japan, France, and the Netherlands. While it urges an emphasis on the practical, the article acknowledges and discusses the importance symbolic aspects have played in the evolution of relationship recognition in the last several decades. It builds on the author’s earlier work analogizing the development of the law of marriage to that of business corporations and examining the ways in which feminist claims to liberty and equality in marriage have brought about legal change. |
