Imagine you and your friend, Aisha, were sitting on a bench and your phone rings. You reply with a quick "Hey!" and put the phone on speaker so she can hear what is going on. It's your friend Vishal calling from Delhi asking if he has caught you at a good time for an impromptu trip to see some sights. The thing is that it's barely noon in Bangalore, but Vishal has been traveling around India for months now and he says that he thinks it will still be cool to go out at this time of day! This seems plausible enough as Vishal sometimes likes to do these types of things, but then again India runs incredibly late. When you check your watch and see it is only 2:30 PM and you and Aisha just got out of class an hour ago, you politely decline his invitation with a simple, "No thanks. I'm really tired and I still have some work to do before tomorrow morning. Have fun!" An hour later he calls back and asks if now is a good time for him to come visit. Your heart sinks because the last thing you wanted was for him to bug out all the way from Delhi to hang out with you for a day or two, but it's too late! He is already on the road and coming at you with full force. You say "Hi Vishal!" and he says, "Hi Aisha!" and you both start comparing notes on the Hindi film you watched last night. This conversation may very well be more like a conversation between two friends than friends on a phone call and yet this is how many people talk on the phone, all the time. What looks like a simple exchange of pleasantries is actually more about friendship and familiarity than it is merely talking to family members or another person that we may know only very slightly. And yet, there is no legal definition of the relationship between friends. The US legal system has historically defined friendship in terms of the legal relationship between husband and wife . The standard test for marital status has been that if a man or woman marries another person, the couple assumes the same marital status as defined by either state law or by custom in that area. The basis for this approach is that when a couple decides to legally marry they assert to society in general their intention to be in a permanent relationship with each other. The same rationale holds true when people have chosen to live together before marriage, even without being officially married. This distinction makes all three relationships between husband, wife, and unmarried partner similar in law. Friendship is not legally defined in Australia, Canada, the UK, or the US. The legal relationship between friends has instead varied based on custom and community norms. Legal definitions of friendship have included "the mutual affection of persons bound by an unbroken familiarity" (1681), "mutual friendly sentiment" (1764), "consisting of the acts and pursuits of persons who are interested in each other's pleasure or profit" (1793), "mutual interest or interest in each other's comfort and happiness" (1837), and "friendship which is founded on mutual knowledge, regard, good will; a sympathetic feeling by which the welfare of another is supposed to be promoted.
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