WeDo Marriage: New Thinking, New Marriage

wedomarriage.com The world’ first marital corporation s Dublin, Ireland

your mind… open to what some innovative thinkers are saying about the future of marriage. wedomarriage.com 2 | 52

meet Gary S. Becker Gary is a professor. Actually, Gary is two professors. •Professor of •Professor of •Economics •Sociology at the Graduate School of Business, University of Chicago wedomarriage.com 3 | 52

Gary likes … to keep busy. books written or co-written by Gary: Some Social Economics (Belknap Press, 2000), The Economics of Life (McGraw-Hill, 1997), Accounting for Tastes, (Harvard University Press, 1996), A Treatise on the Family (Harvard University Press, 1981), The Economic Approach to Human Behavior (University Of Chicago Press, 1976), Human Capital: A Theoretical and Empirical Analysis (University Of Chicago Press,1975) and The Allocation of Time and Goods Over the Life Cycle (National Bureau of Economic Research, 1975) wedomarriage.com 4 | 52

Gary grew up in Brooklyn, New York. quot;There were only a few books in our house. After my father lost most of his sight, I had the task of reading him stock quotations and other reports on financial developments. Perhaps that stimulated my interest in economics.quot; In 1992, the boy from Brooklyn was awarded the Nobel Prize in Economics. wedomarriage.com 5 | 52

So Gary is now famous all over the world. wedomarriage.com 6 | 52

more. But there’ s Once a month Gary writes a column for a magazine that is read by top business people and academics around the world. In December 1997 Gary’ monthly column s was entitled: “Why Every Married Couple Should Sign a Contract.” Let’ read what Gary said >> s wedomarriage.com 7 | 52

“ proposal: replace divorce laws A with compulsory marriage contracts.” “Such contracts would “Contracts permit men and require men and women to women entering into assume responsibility for marriage to make a the main terms of their greater commitment to marriage. They would allow each other than under couples to tailor the terms present no-fault divorce of marriage to their laws”. particular needs.” Business Week, December 29, 1997. wedomarriage.com 8 | 52

Gary what thinks... “Experience would lead “(Contracts) would force all to various standard couples to address the marriage-contract consequences of a breakup forms that consider the before rather than most common afterwards. Little more can adjustments as be asked from any legal conditions change.” arrangement.” Business Week, December 29, 1997. wedomarriage.com 9 | 52

big idea from Gary... a “Marriage contracts would not simply be additions to divorce laws, for they would essentially replace these laws.” There is little reason why judges should retain their current involvement in marriage and divorce, the most personal and intimate of all relations. The government's role would be radically cut back if couples must set the terms of these important decisions.” Business Week, December 29, 1997. wedomarriage.com 10 | 52

Gary is not alone. wedomarriage.com 11 | 52

meet Wendy McElroy Wendy McElroy lives in Canada with her husband. Recent pic of Wendy from her personal website. wedomarriage.com 12 | 52

Wendy what thinks... “The US marriage rate has declined over 40% over the last 40 years to an historic low. Some books from Wendy: The Debates Almost half of the adults in America are unmarried of Liberty (Lexington and, for the first time, single-person households Books, 2002) Freedom and outnumber married families with children. Feminism in the 21st A glut of books and articles is suddenly declaring Century marriage to be either obsolete or rediscovered.” (Independent Institute, 1999) Fox News, July 16, 2002. wedomarriage.com 13 | 52

Wendy… more from “Why is marriage declining? I believe one reason is because marriage has become a three-way contract Wendy McElroy between two people and Journalist, Fox News contributor, the government, author and lecturer. which is regulated by the state from wedding vows to divorce decrees.” Fox News, July 16, 2002. wedomarriage.com 14 | 52

big idea from Wendy… a “Marriage should be privatized. Let people make their own marriage Wendy is contracts according to their conscience, currently a Research religion and common sense. Fellow at the Independent Institute. Their diversity shouldn't affect their legality any more than the diversity of other contracts makes them unenforceable.” Fox News, July 16, 2002. wedomarriage.com 15 | 52

meet David Boaz David Boaz Before becoming executive vice president of the Cato Institute, David was director of the the US Council for a Competitive Economy. wedomarriage.com 16 | 52

David what thinks... “Treat (marriage) like Marriage contracts could any other enforceable be as individually contract (that spells) tailored as other out the parties' contracts are in our respective rights and diverse world. obligations. David is a Individual churches, prominent The state may be called could make their own commentator and a leading upon to enforce it, but rules about which authority on the parties define the marriages they would domestic policy issues. terms. bless.” Slate magazine, April 25, 1997. wedomarriage.com 17 | 52

David… more from “ governments around the world contemplate the As privatization of everything from electricity to social security, why not privatize that most personal and intimate of institutions, marriage? David's articles Let’ get the government out of s have appeared marriage and allow individuals to in the Wall Street Journal, make their own marriage the New York contracts, as befits a secular, Times, the Washington individualist republic at the dawn Post, and the Los Angeles of the information age” . Times. Slate magazine, April 25, 1997. wedomarriage.com 18 | 52

big idea from David... a important institution. “Marriage is an The modern mistake is to think that important things David is a frequent must be planned, sponsored, contributor to shows on ABC, CNN and NPR. reviewed, or licensed by the government.” Slate magazine, April 25, 1997. wedomarriage.com 19 | 52

meet James Andrew Miller James Andrew Miller is also the author of Running in Place, a behind- the-scenes look at the US Senate. James’ book, ‘ s Live From New York’ inspired the TV series , Studio 60 on the Sunset String, staring Bradley Whitford and Matthew Perry (above). wedomarriage.com 20 | 52

James thinks... what “ seems sadly clear to me that couples, for It all their meticulous (pre-nuptial) planning, overlook and ignore the most important point of all. Dividing up money and assets after a marriage falls apart (is) often nothing James has written for compared with the agony and emotional publications such torment of a custody battle – dividing up as the New York Times, Life and the children. Newsweek. Packing up the children's backpacks and preparing them to be picked up by a former spouse can be agonizing even in the best of circumstances.” New York Times, July 16, 2007. wedomarriage.com 21 | 52

James… more from “Money is, after all, only money – you can make it back, you can do with less of it if you need to, you can even file for bankruptcy. But children are not commodities James was that can be replaced. executive producer of two prime-time TV Some couples have found that by the time the series, DC and court has heard their child custody case, Brimstone. many of the precious dollars divided between them in their prenup have found their way to the lawyers.” New York Times, July 16, 2007. wedomarriage.com 22 | 52

big idea from James... a “With a pre-arranged custody schedule outlined before marriage, children wouldn't have James scripted to witness their parents arguing about the details, the 2001 movie, Deep Blue. or, worse, be required to testify in court. Besides, conversations about custody between two newly engaged people could give them both a window on what their future spouse will be like – and what he or she will expect as a parent.” New York Times, July 16, 2007. wedomarriage.com 23 | 52

Jamie Alan Aycock meet Jamie Alan Aycock is a associate at Wiley Rein LLP, a Washington law firm. Jamie’ Washington office. From Google Maps. s wedomarriage.com 24 | 52

Jamie thinks... what “This Article proposes that the law should enable individuals to make choices that further their particular vision of the family, without imposing that vision upon the whole of Jamie is a society. graduate of Harvard Law Under this approach, couples could design terms School. to further different types of relationship goals. Because most individuals begin marriage hoping and believing that it will last, extending contract principles gives them the tools to actually accomplish their lofty goals.” Harvard Journal of Law & Public Policy, September 2006 wedomarriage.com 25 | 52

Jamie… more from “ the commercial context, contracts are an In indispensable means for securing commitments. As marriages have become increasingly likely to end, people have become less likely to marry in the first And Jamie is place. No-fault divorce allows either party to a graduate of Cornell unilaterally terminate the marriage for any University. reason. Advancing contract principles amounts only to legal enforcement of the terms to which a couple agrees apart from any state influence or endorsement.” Harvard Journal of Law & Public Policy, September 2006 wedomarriage.com 26 | 52

big idea from Jamie... a “The proposed marriage regime would simply shift the law from favouring those whose long-term interests are served by non- enforcement of precommitments to favouring those whose long-term interests are served by enforcement. Jamie also served as Briefing Attorney to Justice Nathan Although there may be a small minority that L. Hecht of the would opt for a less exacting (non-binding) Texas Supreme Court. marriage relationship, it is difficult to imagine that many people would choose an explicitly ‘ second class’kind of relationship.” Harvard Journal of Law & Public Policy, September 2006 wedomarriage.com 27 | 52

time for a quick recap... it’ s In some prominent media outlets, some innovative minds… …are re-thinking marriage for the 21st century. wedomarriage.com 28 | 52

new marriage new thinking, wedomarriage.com 29 | 52

Got time for one more ? new thinker on marriage wedomarriage.com 30 | 52

Colin PA Jones meet Colin PA Jones is an Associate Professor of Law at Doshisha University, Kyoto, Japan Colin (above left) with student. wedomarriage.com 31 | 52

Japan is a country that never seems to bright ideas run out of Doshisha University is a prestigious institution with 24,000 students. But Japan is running out of… people wedomarriage.com 32 | 52

story in numbers the At Doshisha University Colin teaches Anglo- American law. From: Japan’ Death of Birth, s Russell Redenbaugh and Natalia Davis, (Lexington Issue Brief, August 3, 2002) wedomarriage.com 33 | 52

story of one village the “When Nishiki Junior High opened half a century ago, Fukuyo Suzuki, then a young mother, remembers joining other parents on a warm May afternoon to plant pink azaleas in the schoolyard. The azaleas are still here. The school, which closed six Colin grew up years ago because of a shortage of children, now houses a in Canada, and center for the elderly. now divides his time between Like one in four men in Nishiki, Fukuyo’ son remains single s the US and Japan. and childless. ‘ Now, I hear our elementary school is going to close, too’ she said. ‘ s so sad for us.’ , It’ ‘ Children are vanishing from our lives.’” Washington Post, March 3, 2005. wedomarriage.com 34 | 52

Colin what thinks... Colin attended Duke Law School in the US, graduating in international and comparative law. “Missing from the population debate is the experience of fathers who are shocked to find that the family court system cannot (or will not) protect their precious investment of parental love when a marriage fails.” wedomarriage.com 35 | 52

Colin… more from For those who have experienced such tragedies, it would be unsurprising if some concluded that there is simply too much pain and emotional risk associated with Colin also holds a degree degree marriage and parenting. in Oriental Languages and Literature from Small wonder then, that many people choose not to the University of California. get married, or to not have children if they do. The price of failure is simply too high.” The Japan Times, July 18, 2006. wedomarriage.com 36 | 52

Colin… An example from “ judge that it will be best for the child that the (parent) We pray from the shadows for his healthy upbringing… If worried about the child, ask through others, secretly watch from behind a wall, and be satisfied with what is Colin practised heard about the way he is growing up. law for over ten years in New Acting in accordance with parental emotions, even if they York, Hong Kong are based on parental love, will cause the child misfortune. and Tokyo. Suppressing parental emotions From Family Court Cases 18-7-30, Tokyo High Court. for the sake of one’ child s Cited by Colin PA Jones, Japan Law Workshop at the times when then should be suppressed, that is 2005, University of the true love of a parent towards a child.” Washington. wedomarriage.com 37 | 52

big idea from Colin... a “ fundamental problem with marriage is that it is a A monopoly product supplied by the government. Subject to certain statutory constraints, business people have long been free to form whatever sort of partnership they felt appropriate to their needs. Why not make the same possible for marriage? Couples entering into marriage should be able to use a partnership agreement that is tailored to their own circumstances and aspirations, and that reflects the values and expectations that they themselves attach to marriage.” San Francisco Chronicle, January 22, 2006. wedomarriage.com 38 | 52

bigger idea from Colin (1)... a “ course, it will be impractical to expect everyone to Of be able to draft a workable partnership agreement that will govern a (hopefully) lifelong relationship. Off-the-shelf marital partnership kits would be developed Colin is a member of the bars of by private enterprises to fill this need. New York and Guam, and Palau. Marital corporations would be a huge boost to the multibillion-dollar wedding industry, while opening up a vast range of possible business opportunities throughout society. San Francisco Chronicle, January 22, 2006. wedomarriage.com 39 | 52

bigger idea from Colin (2)... a Marital corporations that cater to “ all sectors of society would turn marriage into an even bigger business than it Colin has already is. published widely on a variety of legal subjects as This is usually what well as on legal philosophy. happens when you offer consumers more choice.” San Francisco Chronicle, January 22, 2006. wedomarriage.com 40 | 52

it’ time to say... s ‘Thank you’ to some innovative minds… …for sharing their new thinking on marriage for the 21st century. wedomarriage.com 41 | 52

actions > words “Right now it's only a notion, but I think I can get the money to make it into a concept, and later turn it into an idea.” from ‘ Annie Hall’ Woody Allen (1977) , wedomarriage.com 42 | 52

hello to… say WeDo Marriage® Limited The world’ first marital corporation. s wedomarriage.com 43 | 52

meaning the most powerful motivator: quot;The best reason to start an organization is to make meaning. Previously with Meaning is not about money, power or prestige. Apple Computers, It's about creating a product or service that can: Guy Kawasaki is the author of eight business •Make the world a better place books and the MD of venture •Right a terrible wrong capital firm garage.com. •Prevent the end of something good. •Increase the quality of life” from ‘ Art of the Start’ Guy Kawasaki. The , wedomarriage.com 44 | 52

mission… our wedomarriage.com 45 | 52

busy… we’ getting re wedomarriage.com 46 | 52

deadlines… deadlines, WeDo Marriage® Limited will begin commercial operation in Ireland and the United Kingdom on 1 February 2008 – in time for St. Valentine's Day. In the following 24 months WeDo Marriage will roll out in North America, continental Europe, Asia, Australia and New Zealand. wedomarriage.com 47 | 52

finally … and “The Stone Age did not end because people ran out of stones. It ended because it was time for a re-think about how we live.” William McDonough wedomarriage.com 48 | 52

disclaimer a Opinions cited in the ‘ New Thinking, New Marriage’ slideshow are purely for informational purposes only. Our sole intention is to demonstrate the gathering intellectual support for the concept of marriage based not on family law but on contract law. No individual named in ‘ New Thinking, New Marriage’ associated is financially or otherwise with WeDo Marriage® Limited or necessarily endorses the particular services offered by WeDo Marriage® Limited. text & picture credits >> wedomarriage.com 49 | 52

credits text 5: Gary S. Becker quoted from the website of the Nobel Institute (nobelprize.org/nobel_prizes/economics/laureates/ 1992/becker-autobio.html). 8, 9 and 10: Gary S. Becker quoted from Business Week, December 29, 1997. Archived at the University of Chicago (home.uchicago.edu/~gbecker/Businessweek/BW/1997/12_29_1997.pdf). 13, 14 and 15: Wendy McElroy quoted from Fox News, July 16, 2002 (www.foxnews.com/story/0,2933,57749,00.html). 17, 18 and 19: David Boaz quoted from Slate magazine, April 25, 1997 (www.slate.com/id/2440/). 21, 22 and 23: James Andrew Miller quoted from The New York Times, July 16, 2007. Reproduced on the website of the Institute for Marriage and Public Policy (www.marriagedebate.com/2007/07/three-parents-better-than-two-plus.htm). 25, 26 and 27: Jamie Alan Aycock quoted from The Harvard Journal of Law & Public Policy, September, 2006 (www.law.harvard.edu/students/orgs/jlpp/Vol30 No1_Aycockonline.pdf). 34: Quoted from article by Anthony Faiola, Washington Post, March 3, 2005 (www.washingtonpost.com/wp-dyn/articles/A2548-2005Mar2.html) 35 and 36: Colin PA Jones quoted from The Japan Times, July 18, 2006 (search.japantimes.co.jp/cgi-bin/fl20060718z2.html). 37: Colin PA Jones quoted from Japan Law Workshop 2005, University of Washington (law.anu.edu.au/anjel/documents/ResearchPublications/ Jones_ChildCustody.pdf). 38, 39 and 40: Colin PA Jones quoted from The San Francisco Chronicle, January 22, 2006 (sfgate.com/cgi-bin/article.cgi?f=/c/a/2006/01/22/ING6FGOLVA1.DTL). 42: Quoted from the movie Annie Hall, MGM Studios, 1997. 44: Quoted from excerpt of Guy Kawasaki’ book, The Art of Start, reproduced on Diego Rodriguez’ s s Metacool blog website (metacool.typepad.com/metacool/files/1.01.ArtOfTheStart.pdf). wedomarriage.com 50 | 52

credits picture 3: Photograph of Gary S. Becker from the website of the Graduate School of Business at the University of Chicago (www.chicagogsb.edu/capideas/apr06/1.aspx). 4: Cover images of Gary S. Becker's books from the author's profile pages on the website of the University of Chicago (home.uchicago.edu/~gbecker/Books/books.html). 5: Photograph of Gary S. Becker from the news section of the website of the University of Chicago (experts.uchicago.edu/experts.php?id=5). Nobel images from the website of the Nobel Foundation (nobelprize.org). Brooklyn Bridge image from the public collection of Pete Williams (www.flickr.com/photos/ petewilliams/312316443/). 6: Cover image of book by Gary S. Becker, translated into Japanese, from the news section of the website of Hitotsubashi University, Japan (www.hit-u.ac.jp/function/outside/news/2005/0523.htm). 7: Cover images of Business Week magazine from New Economist blog website (neweconomist.blogs.com). 11: Photograph of Gary S. Becker from the website of Business Week magazine (www.businessweek.com/images/viewpoint_new/becker.jpg). 12: Photograph of Wendy McElroy from her personal website (www.wendymcelroy.com/vesuvio.jpg). 13, 14 and 15: Photograph of Wendy McElroy from the website of iFeminists (www.ifeminists.com/about/). 16, 17, 18 and 19: Photograph of David Boaz from the website of the Cato Institute (www.cato.org/people/images/hires_new/dboaz.jp). 20, 21, 22 and 23: Photograph of James Andrew Miller from the website of publishers, TW Bookmark (www.twbookmark.com/authors/93/2271/critical_praise.html). 20: Photograph of Bradley Whitford and Matthew Perry from the website of MeeVee (blog.meevee.com/my_weblog/2006/08/its_easy_to_ima.html). 24: Satellite image of Washington, DC, from Google Maps (maps.google.com). 24, 25, 26 and 27: Photograph of Jamie Alan Aycock from the website of Wiley Rein (www.wileyrein.com/directory.cfm?pf=1&sp=bio&tp=article&attorney&ID=1093&isCurrent=1). 28: Coffee mug image created using CafePress. Image montage from websites of named media outlets. 30: Image of Sky TV remote controller copyright of Sky TV. 31: Photograph of Colin PA Jones from the East Asian Legal Studies Center section of the website of the University of Wisconsin (www.law.wisc.edu/ealsc/scholarl.html). 31, 32, 33, 34, 35, 36, 37, 39 and 40: Photograph of Colin PA Jones with student from the website of Doshisha University, Japan (www1.doshisha.ac.jp/~lskeisei/organization/organization.html). 32: Images of SuperMario, Nintendo Wii, Sony PSP, Sony DCR SR100 Digital Video Camera and the Toyota Prius are copyright of their respective owners. 33: Graphs reproduced from Japan’ Death of Birth, Russell Redenbaugh and Natalia Davis, Lexington Issue Brief, August 3, s 2002. Published on the website of Kairos, Inc (www.kairos-inc.com/Investing/IB%20on%20Japan.7.16.pdf). 42: Annie Hall movie poster copyright of MGM Studios and reproduced from the company’ official website at (www.mgm.com/title_clip.php? s title_star=ANNIEHAL#). 44: Photograph of Guy Kawasaki from his personal blog (blog.guykawasaki.com). 46: Wexford All-Ireland Senior Hurling Champions (1956) from Leinster GAA website (leinster.gaa.ie/photo_1950_1960s.htm). wedomarriage.com 51 | 52

Questions? Niall Brennan Sam Carroll Brendan Munnelly wedomarriage.com Dublin, Ireland wedomarriage.com 52 | 52

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WeDo Marriage: New Thinking, New Marriage

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WeDo Marriage: New Thinking, New Marriage — Presentation Transcript