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Bargaining in the Shadow of the Law: The Case of Divorce
Open accessAbstract
This article suggests an alternative way of thinking about the role of law at the time of divorce. It is concerned primarily with the impact of the legal system on negotiations and bargaining that occur outside the courtroom. We see the primary function of contemporary divorce law not as imposing order from above, but rather as providing a framework within which divorcing couples can themselves determine their postdissolution rights and responsibilities. This process by which parties to a marriage are empowered to create their own legally enforceable commitments is a form of "private ordering."
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Citations
Cited by
The deinstitutionalization of American marriage
Cherlin, A. J. (2004) · Journal of Marriage and Family · doi:10.1111/j.0022-2445.2004.00058.x · Cited by 1,769
Social Protection and the Formation of Skills: A Reinterpretation of the Welfare State
Estevez‐Abe, M., Iversen, T., & Soskice, D. (2001) · Varieties of Capitalism · doi:10.1093/0199247757.003.0004 · Cited by 1,568
Bargaining in the Shadow of the Law: Divorce Laws and Family Distress
Stevenson, B., & Wolfers, J. (2006) · The Quarterly Journal of Economics · doi:10.1093/qje/121.1.267 · Cited by 601
Why are some international agreements informal?
Lipson, C. (1991) · International Organization · doi:10.1017/s0020818300033191 · Cited by 585
The Powerful Antitakeover Force of Staggered Boards: Theory, Evidence, and Policy
Bebchuk, L. A., IV, J. C. C., & Subramanian, G. (2002) · Stanford Law Review · doi:10.2307/1229689 · Cited by 311
Metadata
- Authors
- Mnookin, R. H., & Kornhauser, L.
- Venue
- The Yale Law Journal
- Publisher
- JSTOR
- Published
- 1979-04
- Volume
- 88
- Issue
- 5
- Pages
- 950
- ISSN
- 0044-0094 (ISSN-L)
- OpenAlex
- W2104251546
- Cited by
- 1,480
- References
- 0
- FWCI
- 101.43
- Type
- journal article
- Language
- en
- Open access
- green
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Contains information from the Semantic Scholar Academic Graph Datasets, made available under the ODC Attribution License (ODC-BY 1.0).
Semantic Scholar’s data is described in: Kinney, R., et al. (2023). The Semantic Scholar Open Data Platform. arXiv:2301.10140.
