Should friendships have recognition in law? Maybe you should be able to take time off work to look after a friend who is sick, or link your rights and benefits with soulmates as you can to a spouse, or even offset 'friendship expenses' against tax? After all, the evidence is that friendship is as socially important and as psychologically beneficial as any other close relationship.
The Boston Globe reports that there is a nascent movement to win friendship such recognition. Reporting the views of a number of law professors, it links the championing of friendship with a challenge to the status of marriage - not because there is anything wrong with marriage per se, but because 'they believe society would be better off supporting a broad spectrum of relationships, rather than exalting one kind above the rest.'
The democratic argument for recognising friendships in law is the evidence, if there is evidence, that people seem increasingly to be seeking multiple friends, as opposed to a single spouse or partner. Think Sex and the City.
Conversely, there is that excellent new institution, the civil partnership. Personally, I think of civil partnerships as a specifically committed friendship that is marriage-like rather than identical to marriage (though I think the legal entitlements should be equal).
But there is good reason to be cautious about tying friendship up in legal knots. As Katherine Franke, of Columbia, puts it in the article, we should resist the temptation to stamp everything that is valuable in life with the imprimatur of the state. The law is often a clumsy instrument, not least when it comes to personal relationships. For as the good book says, the letter kills, the spirit gives life.
And there is something else. My sense is that it would be a mistake to advocate legally recognising friendships as if that were good for 'relationship choice' - a Facebookian approach to amity, you might say. Commitment is the watchword for me, since paradoxical though it can sound, commitment brings freedom. In such an apparently restricted context you can deepen your connection with the person you love - or indeed to the thing you love, if you commit your life to some interest or excellence. (This is why CPs are such a good thing, not because they are about choice, but because they are about commitment.)
To be blunt, commitment militates against pure choice. You can only make so many of them, since life is finite, in capacities and duration. Further, once made, commitments necessarily exclude other choices and reduce how flexible you can be.
So whilst there must always be an exit clause as an option of last resort when it comes to human relationships, to my mind there is something false about using friendship to promote the notion that human happiness might gain from more relationships that are committed today and gone tomorrow.












