Marriage, by a strictly technical definition, is a natural habit; that
is to say, it is a relationship proceeding out of the common instinct
of male and female to mate, and to remain together until after the
birth of one or more children.[10] Organized society, on the other
hand, always makes it a civil institution, and sometimes a religious
institution. So long as man remained in the natural state, roaming
about in search of his food as do the apes today, it may be supposed
that marriage was based on personal preference and involved only
the selective disposition of the individual man and woman and their
common concern for the safety of their offspring. But as advancing
civilization enabled mankind more easily to obtain and augment its
food-supply, and consequently to secure greater safety and also to
satisfy its gregarious instinct by living in numerous communities, the
habit of marriage underwent a process of sanction and regulation by
the group, and was thus transformed into a civil institution. While
society remains ethnical, the family exercises supervision over the
sexual relations of its members, but always subject to the approval or
disapproval of the larger group--the tribe or clan. When the political
State emerges, this function continues to be exercised by the family,
but it is subject to sanction by the State and is gradually absorbed by
it. Yet even where the State has usurped almost all the prerogatives of
the family, custom continues to give powerful sanction to interference
in marriage both by relatives and by the community.
Where the tribal religion takes on the form of ancestor-worship,
or where much importance is attached to burial-rites, marriage and
reproduction take on a religious significance. “As the dead,” says Dr.
Elsie Clews Parsons, “are dependent on the living for the performance
of their funeral rites and sacrificial observances, marriage itself as
well as marriage according to prescribed conditions, child-begetting
and bearing, become religious duties. Marriage ceremonial not
infrequently takes on a religious character. Infanticide, abortion,
celibacy other than celibacy of a sacerdotal character, and adultery,
become sins. The punishment of the adulteress is particularly severe,
although in some cases her value as property may guarantee her against
punishment by death.”[11]
Thus there may be, and in most civilized societies there is, a fourfold
interference in marriage: interference by the family, by the community,
by the State, and by the Church. An old Russian song had it that
marriages were contracted
By the will of God,
By decree of the Czar,
By order of the Master,
By decision of the community,
Public-domain text, read in full here on John Shaqi.
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