Alone together

the long version

In this astute interdisciplinary book, Milton C. Regan, Jr. explores how law attempts to mediate between the communal and individual dimensions of spousal identity. He suggests that we cannot reconcile the tension between them in abstract arguments, but must work through their implications in specific contexts. In this spirit, he examines three issues: the extent to which economic analysis should guide our choice of rules governing marriage and divorce, whether one spouse should be able to testify against the other in a criminal trial, and what financial claims between spouses the law should recognize at divorce. These issues require us to confront fundamental questions about the meaning of marriage. How can we draw on the liberating aspects of individualism in marriage without denying the importance of connection? How might we benefit from recognizing the importance of sharing and sacrifice in marriage without reinforcing the traditional view that women should subordinate their interests to those of other family members? In addressing these questions, Regan's analysis is informed by communitarian and liberal theory, as well as by feminist perspectives on marriage and family life.