Marriages between persons whose qualities are extremely divergent,
and marriages between persons whose qualities are too closely
similar, are alike undesirable. Neither the offspring of marriages
between those belonging to different races nor the offspring of
marriages between those too closely related appear to be a gain for
the race. It is the degree of divergence or of resemblance which here
plays the decisive part.
It remains a subject of controversy whether the institution of
exogamy originated from the fact that it was regarded as desirable to
refresh the blood of the tribe by cross-fertilisation with the blood
of another tribe. But it is incontestably established that since
historic times began there has existed in the human race a natural
antipathy to incestuous sexual relations, and more especially to
incestuous marriages. The mental abnormalities seen in the offspring
of incestuous marriages are to a large extent explicable from the
fact that the incestuous relationship was itself the outcome of
mental abnormality in those who entered upon that relationship.
The possibility of the hereditary transmission of disease is greater
in the case of the marriage of near kin than it is in ordinary
marriages. When both parents suffer from the same transmissible
defect, the likelihood that that defect will manifest itself in the
offspring in a graver form is greatly increased. Thus, in the case
of the offspring of nearly related persons, the probability of the
appearance of certain transmissible defects is considerable. For
perfectly healthy parents are rarities, and when husband and wife are
closely related the probability that both will suffer from the same
transmissible defect or disorder is relatively high.
_Disease in the Parents from the Legal Standpoint._--In relation to
marriage, disease has a twofold significance: on the one hand, it
may be a factor leading to the dissolution of the marriage (owing
to divorce, nullity of marriage, venereal infection); on the other
hand, the existence of disease may prevent marriage. Very naturally,
the latter factor is of preponderant importance, because we lay the
chief stress upon prevention. It is for this reason that so little
attention is paid to the legal significance of the former factor.
_Divorce._--In cases in which one partner to a marriage suffers
from disease, divorce should be rendered as easy as possible. The
interests of the children are often put forward as reasons against
this course. There is no doubt that many married couples to-day
refrain from separation or divorce solely because they regard it
as to their children’s interest that they should continue to live
together. But it is precisely on the ground of the children’s
interest that such marriages ought to be dissolved, and that the
child or children should remain with the healthy parent. The opposite
course would only destroy the happiness of the healthy parent,
without doing the other parent any good.
Public-domain text, read in full here on John Shaqi.
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