The Evolution of Marriage and of the FamilyLetourneau, Ch. (Charles)
Science
The Evolution of Marriage and of the Family
Letourneau, Ch. (Charles)
Families; Marriage
Coemption ended in time by becoming purely symbolic; the wife was
delivered to the husband, who, as a formality, gave her a few pieces
of money; but the ceremony is none the less eloquent, and it proves
clearly that in principle the woman had been, at Rome as elsewhere,
assimilated by the parents to a thing, to a venal property. When at
Athens and at Rome an effort was made to give the married woman a
less subordinate position, nothing more was done than opposing money
to money by inventing the dowry marriage; and hence resulted other
inconveniences, on which Latin writers have largely dilated, and which
we can easily study to-day from life. But for the present I must not
speak of them. It suffices to have proved that all over the earth, in
all times and among all races, marriage by purchase has been widely
practised.
Now, the custom of marriage by purchase has a very clear and very
important signification from a moral and social point of view. It
implies a profound contempt for woman, and her complete assimilation
to chattels, to cattle, and to things in general. On this point the
Roman law leaves no room for ambiguity, since it makes no essential
difference between the marital law and the law of property. In regard
to the woman, as in regard to goods, possession or use, continued
for a year, gave a right of ownership. When applied to things, this
possession is called _usucapion_; applied to the woman, it is called
_usus_.[338] The difference between the terms is slight; between the
facts there is none. In reality the wife and the child, especially
the female child, have been the first property possessed by man,
which has even implanted in the savage mind the taste for possession,
and the pretension to use and abuse the things left entirely to his
mercy. At Rome this became by the _jus quiritium_, for the woman the
_manus_ of the husband, and for property the _jus utendi et abutendi_
of the proprietor. But this abuse, and this use, nearly always equally
an abuse also, have contributed not a little to deprave man and to
render him, from the origin of societies until our own day, refractory
to ideas of equity and justice, especially in what relates to the
condition of woman.
FOOTNOTES:
[267] Williams, _Fiji and the Fijians_, vol. i. p. 156.
[268] Pritchard, _Polynesian Reminiscences_, etc., p. 371.
[269] De Rochas, _Nouv. Calédonie_, p. 231.
[270] Burchell, _Hist. Univ. des Voy._, t. xxvi. p. 330.
[271] Bowdich, _Hist. Univ. des Voy._, t. xxviii. p. 430.
[272] Moerenhout, _Voy. aux îles_, etc., t. ii. p. 67.
[273] _Homme Américain_, t. I^{er.} p. 40.
[274] Marco Polo (Edition Populaire), p. 61.
[275] Schortt, _Trans. Ethn. Soc._ (New Series), vol. vii. p. 194.
[276] Sonnerat, _Hist. Univ. des Voy._, t. xxxi. p. 350.--_Lettres
Edifiantes_, t. x. p. 23.
[277] Plutarch, _Numa and Lycurgus compared_.
[278] E. de Lavelaye, _De la Propriété_, p. 35.
[279] Lafitau, t. I^{er.} pp. 557-560.
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