A discussion on whether same sex marriages should be legally recognised from a jurisprudential point of view.
Written in 2000; 8,224 words; 31 sources; MLA; $ 175.95
Paper Summary:
This paper examines the reasons why marriage is a relevant issue for homosexuals and whether it is a necessary and important legal concept. It looks at the arguments put against such a proposal drawing from religious views, particularly stemming from the Judeo-Christian tradition and also by examining views put forward by legal theorists such as John Finnis and looking at the Hart/Devlin debate. Through the use of case law, legal theories such as utilitarianism and sex discrimination and also by considering the jurisprudential views of Dworkin, Raz and Nordahl, it carefully deconstructs the arguments put against the legalisation of such an institution to deliver a well-reasoned and thought-provoking case in favour of same sex marriage.
From the Paper:
"According to Pope John Paul II, homosexual unions cannot be marriages ?above all because the objective impossibility of being fruitful in the transmission of life, according to the plan inscribed by God in the very structure of the human being.? Natural lawyers such as John Finnis are also keen to relate the argument that procreation is a condition for such an institution. However, in terms of same sex marriages what is perhaps rendered problematic in accepting Finnis? arguments are that they stem from the view that homosexuality and all homosexual acts are unnatural and immoral."
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