An economic approach to adultery law

doi:10.1017/CBO9780511495328.005

5 - An economic approach to adultery law

Published online by Cambridge University Press: 13 August 2009

Eric Rasmusen

Edited by

Antony W. Dnes and

Robert Rowthorn

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Eric Rasmusen: Affiliation:
Professor of Business Economics and Public Policy and Subhedar Faculty Fellow Kelley School of Business, Indiana University, Bloomington, Indiana, USA; Olin Senior Fellow Harvard Law School
Antony W. Dnes: Affiliation:
University of Hertfordshire
Robert Rowthorn: Affiliation:
University of Cambridge

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Summary

Wilt thou have this Woman to thy wedded wife, to live together after God's ordinance in the holy estate of Matrimony? Wilt thou love her, comfort her, honour, and keep her in sickness and in health; and, forsaking all other, keep thee only unto her, so long as ye both shall live?

(Book of Common Prayer, 1662)

Introduction

When two people marry, they promise fidelity. Adultery occurs when one of them breaks this promise, and it is generally believed that breaking promises, and breaking this promise in particular, is wrong. “Every wrong has its remedy,” equity used to say. The subject of this paper is which of the myriad possible remedies are suitable for adultery. In modern US law, the formal remedy is that the wronged party can file for divorce and force a division of the assets. This really is not a remedy, however, since under modern no-fault divorce laws anyone can file for divorce anyway, no reason being required. To the extent that divorce deters adultery, it does so simply as an extension of adultery's tendency to displease the injured spouse. In the eyes of the law, adultery and complaining about the other spouse's adultery are equally good reasons for divorce.

In the past, other remedies existed, of which vestiges continue today. These include criminal penalties, tort actions, and self-help. This chapter discusses remedies using the tools of law and economics.

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Type: Chapter
Information: The Law and Economics of Marriage and Divorce , pp. 70 - 91

DOI: https://doi.org/10.1017/CBO9780511495328.005 [Opens in a new window]

Publisher: Cambridge University Press

Print publication year: 2002

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