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What sort of contract is marriage? What does it offer the parties? What are the difficulties of enforcement, and the result of failed effective enforcement? This book takes an economic approach to marriage and divorce, considering the key role of incentives in family law: it highlights the possible adverse consequences emanating from faulty legal design, while demonstrating that good family law should provide incentives for consistent and honest behavior. Economists, specialists in the economic analysis of law, and academic lawyers discuss recent advances in specialist work on marriage, cohabitation, and divorce. Chapters are grouped around four topics: the contractual perspectives on marriage commitment; the regulatory framework surrounding divorce; bargaining and commitment issues relating to marriage and near-marriage arrangements; and finally empirical work, which focuses on the impact of more liberal divorce laws. This important new study will be of considerable interest to lawyers, policy-makers and economists concerned with family law.
This is a systematic account of the law and economics of the American family. It explores the implications of economics for family law--divorce, adoption, breach of promise, surrogacy, prenuptial agreements, custody arrangements--and its limitations, and introduces the idea of covenant to consider the role of love, trust, and fidelity.
Those not learned in the economic arts believe that economics is either solely or essentially concerned with commercial relations. And, so it was, originally. Then, in the second half of the 20th century, economists began applying their minimalist but sturdy tools to other human activities such as marriage, child-bearing, crime, religion and social groups. In this spirit, the Research Handbook on the Economics of Family Law gives us a series of original essays by distinguished scholars in economics, law or both. The essays represent a variety of approaches to the field. Many contain extensive surveys of the literature with respect to the particular question they address. Some employ empirical economics, others are more narrowly legal. They have in common one thing: each scholar employs a core economic tool or insight to shed light on some aspect of family law and social institutions broadly understood. Topics covered include: divorce, child support, infant feeding, abortion access, prostitution, the decline in marriage, birth control and incentives for partnering. This comprehensive and enlightening volume will be a valuable reference for those interested in law and economics generally and family law in particular.
Shoshana Grossbard, a leading scholar in this field, has selected the most influential classic and recent articles which highlight the economic importance of marriage and related institutions. The volume first considers marriage and related outcomes, including cohabitation, matching, brideprice and dowry, and law and economic questions relating to divorce. It then investigates the consequences of marriage and marriage markets for labour supply, household production, wages, consumption, household finance, education and fertility. A clear original introduction by the editor provides an illuminating guide to the selected articles and to their place within the economic and demographic literature. 36 articles, dating from 1971 to 2015 Contributors include G.A. Akerlof, G.S. Becker, B.R. Bergmann, P.-A. Chiappori, W. Darity, S. Lundberg, M.B. McElroy, B. Stevenson, J. Wolfers, J.L. Yellen
Based on sociological and economic analysis, Good Intentions Gone Awry presents valuable new insights into the impact of divorce on American society. Rather than blaming the deterioration in the quality of family life on the decline in so-called "family values," lawyer and economist Parkman argues that adults are responding to the incentives created by new opportunities and legal rules. Allen M. Parkman discusses the issues surrounding this sociological phenomena, proposes a reform program in response, and suggests steps that adults can take to create a durable and constructive family until such reforms occur.
This book is replete with information about factors affecting the stability of marriage, the decision to marry or to divorce, and differences in marriage and divorce patterns among various socioeconomic classes and races.
Growth in property ownership has raised the stakes in the distribution of financial assets on divorce. Given high risks of marital failure, this has stimulated the demand for private ordering through enforceable marriage contracts. This paper surveys the existing law and economics literature and legal practice to consider the state of knowledge on the economic theory, scope and limits of written nuptial agreements.
Marriage rituals and divorce procedures have varied widely over time and across cultures. The History of Marriage and Divorce explores the evolution of these two institutions, from our early hunter-gatherer ancestors through antiquity and the middle ages up to modern times. In this book, collaborative attorney and former psychology professor Harry L. Munsinger explains the legal, economic, religious, evolutionary, and psychological issues involved in mating and divorcing. This book will give readers insight into why humans marry, divorce, and remarry with such irrational abandon. The reader will discover that the tendency to marry and divorce are partly inherited and the personal and genetic appeal of serial monogamy.
While this book contains numerous facts and empirical findings and touches on policy issues, its main contribution to the existing literature lies in the theoretical perspective it offers. The core of this book is a general equilibrium theory of labor and marriage presented in Chapter 2, which provides the conceptual framework for the rest of the chapters. Two major implications of the theory are sex ratio effects and compensating differentials in marriage. The book demonstrates how a few core concepts, linked via economic analysis, help explain a multitude of findings based on statistical analyses of data from a wide variety of cultures. It is hoped that readers of this book will improve their understanding of how marriage works to help us design better economic and social policies as well as help people live better and happier lives, making the book of interest to not only economists but sociologists and anthropologists as well.
The Economics of Divorce recognizes the critical role economic factors play during and after the divorce process. In the past, research into this issue has remained very general despite the enormous weight economics put on the entire divorce process. This book concentrates on elements specifically relevant to the economic variables of divorce. It focuses on the issues of work, employment, and financial support after divorce and how these issues affect the parents, children, and home environments of divorced families. The research presented not only provides insights into the economic aspects of divorce, but it is also invaluable to the entire study of divorce and remarriage as it explores the personal impact of these issues.Geared toward anyone working with divorced families, whether they are clinicians, educators, mediators, or attorneys, The Economics of Divorce is also of use to members of divorced or remarried families. The book contains demographics on the financial lives of custodial parents who remarry, custodial parents who work, and the financial support of college students from divorced families. It offers a close study of the realities of single parenting and reentering the work force, as well as the economic consequences of marital dissolution. The Economics of Divorce is unique in that it is the first publication of its kind to formally identify the economic results of divorcing and remarried families. It reshapes thinking on issues often taken for granted and redefines the ways in which financial issues are addressed. This book analyzes and advises readers on a number of personal and practical issues. Topics discussed include: the role of employment for women intergenerational financial support the economics of remarried families financial support for children’s college educationThe book was designed not only to address these issues but to also facilitate further research and discussion into the economic realities of divorced families. The Economics of Divorce is the first in its field to address the impact of economics on divorced families, but hopefully not the last.