Index of the Project Gutenberg Works of Havelock EllisEllis, Havelock
Science
Index of the Project Gutenberg Works of Havelock Ellis
Ellis, Havelock
Indexes
CHAPTER X.—MARRIAGE.
The Definition of Marriage—Marriage Among Animals—The Predominance of Monogamy—The Question of Group Marriage—Monogamy a Natural Fact, Not Based on Human Law—The Tendency to Place the Form of Marriage Above the Fact of Marriage—The History of Marriage—Marriage in Ancient Rome—Germanic Influence on Marriage—Bride-Sale—The Ring—The Influence of Christianity on Marriage—The Great Extent of this Influence—The Sacrament of Matrimony—Origin and Growth of the Sacramental Conception—The Church Made Marriage a Public Act—Canon Law—Its Sound Core—Its Development—Its Confusions and Absurdities—Peculiarities of English Marriage Law—Influence of the Reformation on Marriage—The Protestant Conception of Marriage as a Secular Contract—The Puritan Reform of Marriage—Milton as the Pioneer of Marriage Reform—His Views on Divorce—The Backward Position of England in Marriage Reform—Criticism of the English Divorce Law—Traditions of the Canon Law Still Persistent—The Question of Damages for Adultery—Collusion as a Bar to Divorce—Divorce in France, Germany, Austria, Russia, etc.—The United States—Impossibility of Deciding by Statute the Causes for Divorce—Divorce by Mutual Consent—Its Origin and Development—Impeded by the Traditions of Canon Law—Wilhelm von Humboldt—Modern Pioneer Advocates of Divorce by Mutual Consent—The Arguments Against Facility of Divorce—The Interests of the Children—The Protection of Women—The Present Tendency of the Divorce Movement—Marriage Not a Contract—The Proposal of Marriage for a Term of Years—Legal Disabilities and Disadvantages in the Position of the Husband and the Wife—Marriage Not a Contract But a Fact—Only the Non-Essentials of Marriage, Not the Essentials, a Proper Matter for Contract—The Legal Recognition of Marriage as a Fact Without Any Ceremony—Contracts of the Person Opposed to Modern Tendencies—The Factor of Moral Responsibility—Marriage as an Ethical Sacrament—Personal Responsibility Involves Freedom—Freedom the Best Guarantee of Stability—False Ideas of Individualism—Modern Tendency of Marriage—With the Birth of a Child Marriage Ceases to be a Private Concern—Every Child Must Have a Legal Father and Mother—How This Can be Effected—The Firm Basis of Monogamy—The Question of Marriage Variations—Such Variations Not Inimical to Monogamy—The Most Common Variations—The Flexibility of Marriage Holds Variations in Check—Marriage Variations versus Prostitution—Marriage on a Reasonable and Humane Basis—Summary and Conclusion.
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