A History of Matrimonial Institutions, Vol. 1 of 3 — John Shaqi
A History of Matrimonial Institutions, Vol. 1 of 3Howard, George Elliott
History
A History of Matrimonial Institutions, Vol. 1 of 3
Howard, George Elliott
Families; Marriage -- History
It is the primary purpose of this book to trace the development of
the family and marriage in the "three homes" of the English race.
An attempt is made to describe the mechanism provided by the state
for the administration of matrimonial law; and to appreciate the
importance of some of the many problems centering in the family
as a social institution. Necessarily a theme so broad may here be
treated only in outline. Yet in the outset it is the limitations
of the subject which require to be most carefully noted. It is but
a part of the wide field of family history which receives special
attention. We are closely concerned with the forms of celebration
and divorce as they existed among our Teutonic ancestors, and as
they have since been molded by custom and legislation in England and
the United States. Only in a secondary degree are we interested in
the intricate law of the domestic relations. Except incidentally, we
are not now called upon to consider the property rights of husband
and wife, the laws of guardian and ward, or the rules of kinship and
succession.
More pertinent is the general question of the genesis of human
marriage and the human family.[1] It will be impossible, of
course, to examine independently the many difficult problems which
have arisen in this connection. Even the specialist may find it
hard to trace a clear way through the bewildering maze of existing
theory and sub-theory. It seems desirable, therefore, by way of
introduction, to present as clearly and briefly as may be the more
salient results of recent investigation. Marriage is a product of
social experience. Hence to understand its modern aspects it is
needful to appeal to the general sociological facts surrounding
its origin and its early history among the races of mankind. It is
necessary to get our bearings. At the dawn of history the Teutonic
family was essentially monogamic, originating in a contractual
relation. What, then, do we know as to the origin of the monogamic
family and regarding the conditions under which marriage by contract
arose? Part I will concern itself with the solution of this question.
[1] "The expression 'human marriage' will probably be regarded
by most people as an improper tautology. But, as we shall
see, marriage, in the natural-history sense of the term,
does not belong exclusively to our own species. No more
fundamental difference between man and other animals should be
implied in sociological than in biological and psychological
terminology. Arbitrary classifications do science much
injury."--WESTERMARCK, _History of Human Marriage_,
6. In like spirit, HELLWALD entitles his book _Die
menschliche Familie_.
Public-domain text, read in full here on John Shaqi.
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