Sohbet

Sohbet - The Mystical Conversation on Mystical Subjects

Friday, February 24, 2012

Loss of What?

[This is an update to the Troth page] I heard an interesting phrase the other day: "Loss of Consortium". The dictionary defines Consortium as "the legal right of a spouse to the company, affection and service of the other." I had some thoughts: Can we define a right to affection? Is there a legal right to having your spouse sleep in the same bed with you? (I ask because to me, marriage has two irreplaceable elements: frequent sex and sharing a bed, because I can't get those from anyone else.) Where does sexuality fall in the three rights? Is it Affection? A Service? All of them? Can you sue for "specific performance"? (You will be affectionate towards me!) This sounds like a contract that only has meaning if one party defaults. (But isn't that true of all contracts?) If the two spouses differed in the extent to which they offered or felt a need for any of these 3 (or what-all else is covered by them) what then? Who decides if someone has "given enough"? This arises from a situation of excluding others. No one would lack for company, affection or service if they were not exclusive: we have created a problem that we can't solve. You don't have to force people to care for each other if they do, and cannot if they don't.

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