The Evolution of Marriage and of the FamilyLetourneau, Ch. (Charles)
Science
The Evolution of Marriage and of the Family
Letourneau, Ch. (Charles)
Families; Marriage
After the manner of all barbarous legislations, that of Mahomet has
corrected, or at least tried to restrain, certain especially ferocious
customs; but, on the other hand, it has given the force of law to
some particularly crying abuses, and has thus rendered them more
difficult of redress. This is generally the case. In all barbarous
societies the subjection of woman is more or less severe; customs or
coarse laws have regulated the savagery of the first anarchic ages;
they have doubtless set up a barrier against primitive ferocity, they
have interdicted certain absolutely terrible abuses of force, but they
have only replaced these by a servitude which is still very heavy,
is often iniquitous, and no longer permits to legally possessed women
those escapes, or capriciously accorded liberties, which were tolerated
in savage life. We shall have to prove this fact more than once in
continuing our ethnographic study of divorce in barbarous societies.
In ancient Peru the liberal and reasonable custom of divorce by mutual
consent was adopted.[779] At Quito, at least, where marriage was not
civil and obligatory, the married pair had the power of separating by
mutual accord.
In Mexico divorce was merely tolerated. Before being allowed to break
the conjugal tie, the couple were obliged to submit their differences
to a special tribunal, which, after a minute examination of the facts,
and three hearings of the parties, sent them away without pronouncing
judgment, if they persevered in their design.[780] The tribunal could,
it seems, forbid the separation, but it did not expressly authorise it.
Its silence, however, equalled a sentence of divorce.
This luxury of legality, this pretence of placing the conjugal union
out of reach of the caprice or injustice of one of the parties, can
only be met with in societies already advanced in organisation.
Public-domain text, read in full here on John Shaqi.
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