The Evolution of Marriage and of the FamilyLetourneau, Ch. (Charles)
Science
The Evolution of Marriage and of the Family
Letourneau, Ch. (Charles)
Families; Marriage
to dismiss the wife.[743] The same rule is found with the Abipones
also, where the husband can repudiate his wife on the slightest
pretext.[744]
The conclusion to be drawn from all these facts is, that there are no
more fixed rules for divorce than for marriage in savage societies.
But, as the wife is more often bought or captured, it is quite natural
that her owner should send her away at his pleasure. Wherever divorce
is mutual, it is when the wife costs little to obtain, or where the
ties of relationship are well defined between the members of her and
her tribe, or her _gens_, who then think themselves bound to afford her
a certain protection.
II. _Divorce and Repudiation among Barbarous Peoples._
These free and fragile marriages are found in societies more civilised
than those of the Polynesians and the American Indians. Bruce tells us
that in Abyssinia marriage is in reality only a free union, without any
sanction or ceremony; couples unite, part, and re-unite as many times
as they like. There are neither legitimate nor illegitimate children.
In case of divorce the children are divided; the girls belong to the
father, and the boys to the mother.[745]
M. d’Abbadie affirms also that Abyssinian marriage is purely civil
and always dissoluble; he adds that it is dotal, and co-exists, for
rich men, with the concubinate.[746] It is quite certain that divorce
is largely used in Abyssinia, since Bruce says he has seen a woman
surrounded with seven former husbands. In Hayti, the only negro country
that is civilised in European fashion, we find either preserved or
instituted, by the side of legal monogamic marriage, free unions which
recall the Roman concubinate. The persons thus paired are called
“placed”; they suffer no contempt on this account, and their children
have the same rights as those of persons legally married. There are at
Hayti ten times more “placed” persons than married ones; they separate
less often than the latter are divorced, and have better morals.[747]
But in general the free union, or, what comes to the same thing, the
power of divorce, left to the two united parties, is rare enough in
countries more or less civilised. Most usually it is the husband who,
even without any cause of adultery in the wife, has the right to
repudiate her. It is thus, for example, at Madagascar, where, in order
to repudiate his wife, a husband need simply declare his resolution to
the magistrate who has received the notification of the marriage; it
is only necessary for him to pay for the second time the _hasina_, or
duty on marriage. When once he has declared his intention, the husband
has still twelve days’ grace to retract it; but if he exceeds this
delay the repudiated wife becomes her own mistress and free to marry
again.[748]
Public-domain text, read in full here on John Shaqi.
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