A History of Matrimonial Institutions, Vol. 3 of 3Howard, George Elliott
History
A History of Matrimonial Institutions, Vol. 3 of 3
Howard, George Elliott
Families; Marriage -- History
is essential to a valid union, the optional civil or religions
ceremony, at the pleasure of the persons contracting, is sanctioned
by the law. As already seen, this dual system has its roots planted
deeply in the history of two centuries. It is clearly entitled to be
regarded as the American plan; although since 1836, with important
modifications, it has also been accepted in the British Isles. It
does not follow, however, that it is the ideal plan. It is too
complex; and it is an obstacle in the way of developing the most
efficient system of matrimonial administration. It is inconsistent
with a proper social control. It will prevent the attainment of the
"maximum of simplicity and the maximum of certainty" in matrimonial
legislation. It is awkward, thoroughly illogical, to intrust the
execution of that part of the law on which publicity and security so
much depend to two different classes of persons: the one consisting
of civil officers created and wholly under control of the state; the
other in its origin, its personnel, and its character completely
beyond such control, and only subject to administrative rules and
restraints. With this system it will be very difficult to establish
a proper standard of special fitness, of special knowledge, such
as is highly needful to exact from public servants intrusted with
functions of vast social importance. European peoples have reached
a wiser solution of the problem in prescribing in all cases without
exception, as the prerequisite of a valid marriage, the obligatory
celebration before an authorized civil officer, leaving the wedded
pair to decide, as wholly a private matter, whether a religious
ceremony shall be added.
Public-domain text, read in full here on John Shaqi.
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