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
If the law of sexual selection has been rightly stated, it would,
indeed, be strange if women among low races should not preserve some
liberty of choice in marriage. In the savage state, says Darwin, man
keeps woman in a far more abject position "than does the male of any
other animal;" and hence it is not surprising that "he should have
gained the power of selection."[667] But it must not be forgotten
that even the lowest races of which we have any knowledge have
advanced far beyond the primordial state of man. Darwin himself
comes to the conclusion, after examining the evidence, that savage
"women are not in quite so abject" a condition as is commonly
supposed;[668] and the facts show that in a vast number of cases
they have a decisive, though not always a legal, voice in the choice
of a husband.
[667] DARWIN, _op. cit._, chap. xx, 597.
[668] _Ibid._, chap. xx, 597-99.
According to Post, the right of assent is subject to the following
principal variations:[669] (1) Among a large number of peoples
the contract or betrothal is made by the parents or relatives,
no regard at all being had to the will either of the bride or
bridegroom.[670] Infant-marriage or betrothal, in particular, is of
frequent occurrence; and sometimes children are promised even before
they are born. Naturally such engagements are often merely contracts
of sale; but usually they have a deeper social significance as a
means of extending and more firmly knitting the bonds of family
or gentile union. This custom implies something more than mere
brutal indifference to the wishes of the children; and, besides, it
serves the ethical purpose of restricting the sexual liberty of
the bride.[671] Such a contract is not always legally binding upon
the children, especially the bridegroom; and when it is binding,
the betrothed often disregard it, or the bride runs away with
another man.[672] (2) In some cases the consent of the bride alone
is ignored;[673] (3) in others her approval is asked _pro forma_,
but refusal never occurs and would not be tolerated;[674] (4) or
the choice may, in fact, be left to the young man and woman, while
the right of betrothal belongs to the guardian. With the Bataks
of Sumatra, for instance, vows and pledges are exchanged by the
lovers; and in case the girl is betrothed by her parents against her
will, she may run away to the giver of the love-pledge, who is then
compelled to receive her. A similar rule prevails in Timor and among
the Tscherkese of Asia Minor.[675] Sometimes (5) the young people
are legally bound to submit to the choice of the guardian only in
case of the first marriage, which, accordingly, is often dissolved
after a few years or even a few months; while the second marriage,
being usually a marriage of inclination, may long endure.[676]
Again (6), even among such rude peoples as the Timorlaut islanders,
the consent of the betrothed is sometimes essential to a valid
marriage;[677] and still more striking are those cases (7) in which
Public-domain text, read in full here on John Shaqi.
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