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Care, Oppression, and Marriage

This article draws attention to a form of injustice in intimate relationships of care that is largely ignored in discussions about the legal rights and obligations of intimate partners. This form of injustice is connected to a feature of caregiving I call “flexibility,” in virtue of which caregiving requires “skills of flexibility.” I argue that the demands placed by these skills on caregivers create constraints that amount to “vulnerability to oppression.” To lift these constraints, caregivers are entitled to open‐ended responses to their work, responses that would enable them to pursue their own projects while providing care. Instead of protecting individual choice of intimate relationships, marriage law should protect these entitlements.