Love and Law: The Paradox of Marriage

Abstract Throughout the history of philosophy, numerous philosophers have formulated theories about the connection between law and freedom. However, few have suggested that freedom and love are inherently connected. According to Hegel, the family and marriage represent the initial tangible manifestation of freedom, embodied in ethical and self-conscious love. This contentious thesis pertains to Hegel’s endorsement of the modern bourgeois family and his assertion regarding a compulsory and heteronormative conception of conjugal love. I analyse Hegel’s family theory in what follows, emphasizing the marital relationship as delineated in Outlines of the Philosophy of Right . I examine the significance and ramifications of his dismissal of the marriage contract to illustrate how this creates a paradox. I propose an alternative interpretation of these passages by emphasizing the relationship between love and law within marital relations. I advocate the importance of law within the family and demonstrate its significance to marriage. I assert that Hegel’s understanding of the family, especially regarding marriage, highlights the tensions present in the complex relationship between the legal aspect of marriage as a contract and the ethical aspect rooted in self-conscious love. To achieve this, I firstly reconstruct Hegel’s conception of the family and explore his understanding of marriage as sexual drive, desire, passion and contract. Secondly, I explore Hegel’s notion of ethical and self-conscious love, examining the relationship between law and love to reveal the paradox of marriage. Third, I discuss Hegel’s views on divorce and marriage settlements to demonstrate why marriage cannot overcome the contract. Finally, I discuss why Hegel’s response to the issues he identifies in the theories of his contemporaries is inadequate and how marriage and conjugal love threaten freedom. My claim is that marriage entails a paradoxical relationship between love and law, which calls into question the suitability of marriage to realize freedom.