The State assumes the right either to allow artificial limitation of
offspring or to make it a crime; and it exercises this assumption
according to its need for citizens[12] or the complexion of its
religious establishment. It also fixes the relative status and
rights of the two parties. In several American States, for instance,
a married woman is incompetent to make contracts or to fix her legal
residence. The Virginia law recognizes the primary right of the father
to the custody of the child, yet it makes the mother criminally
liable for the support of children. On the other hand, the husband is
everywhere required by law to support his wife. Such laws, of course,
like most laws, are felt only when the individual comes into conflict
with them. The State does not interfere in many cases where married
couples subvert its regulations--for example, the law which entitles
the husband to his wife’s services in the home and permits him to
control her right to work outside the home, does not become binding
save in cases where the husband sees fit to invoke it. As a rule the
State forbids fornication and adultery.[13] In case of separation and
divorce, if the parties disagree concerning financial arrangements or
the custody of children, it exercises the right to arbitrate these
matters.
The sanctions of interference by the family, save in the contracting of
marriage by minors, are at present those of custom, affection, and (in
so far as it exists and may be made effective) economic power. When two
persons have decided to marry, for instance, it remains quite generally
customary for the man to go through the formality of asking the woman’s
nearest male relation for her hand. This is of course a survival from
the period when a woman’s male guardian had actual power to prevent her
marrying without his consent. The influence of affection is too obvious
to require illustration; it is the subtlest and most powerful sanction
of family interference. Economic power is perhaps most commonly used
to prevent or compel the contracting of marriage. It may make itself
felt, where parents or other relatives are well-to-do, in threats of
disinheritance if prospective heirs undertake to make marriages which
are displeasing to them. A striking instance of the use of this power
is the will of the late Jay Gould, which required each of his children
to obtain consent of the others before marrying. It is not uncommon for
legators to stipulate that legatees shall or shall not marry before a
certain age under penalty of losing their inheritance.
Public-domain text, read in full here on John Shaqi.
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