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David Friedman's avatar

An interesting essay. A few problems:

You confuse an unenforceable contract with an illegal contract. It is perfectly legal to agree with your bride on sexual exclusivity and most couples, explicitly or implicitly, do. It is legal to enforce the agreement by social or religious pressure or appeals to morality. The change is that the state won't enforce it.

You use "polygamy" when you mean promiscuity. Polygamy is a form of marriage that traditionally included a commitment to sexual exclusivity, at least by the women.

You ignore the fact that, although the old mechanism for reliable paternity has in part broken down, paternity testing provides a new mechanism. It is not only a wise child who knows his father — a good lab will do it.

(comments made after reading the first part of your very long essay)

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