Discoursing Divorce: Three Ethical Readings on the Subject of Divorce

Three Ethical Readings on the Subject of Divorce

Résumé

This paper explores the ethical dimensions of divorce in the Philippines, where its prohibition is deeply rooted in Catholic doctrine and enshrined in legal frameworks. Drawing from three ethical theories—natural law, Kantian ethics, and Habermasian discourse ethics—the paper investigates divorce as not merely a legal issue but an ethical one. Natural law theory, with its emphasis on moral obligations derived from human nature, often opposes divorce due to its potential harm to the family unit. However, exceptions are considered in cases of abuse or harm. Kantian ethics views marriage as a contractual relationship, allowing for divorce when personal dignity and autonomy are compromised. Habermasian discourse ethics, grounded in rational deliberation and consensus-building, offers a framework for inclusive discussions on divorce, promoting fairness and representation for marginalized voices. The paper argues that the interplay of these ethical frameworks highlights the complexity of divorce in the Philippine context, advocating for more inclusive and critical dialogue to address its legal and moral implications.