Even now French law accords considerable power to parents. A child
cannot quit the paternal residence without the permission of the father
before the age of twenty-one except for enrolment in the army.[1480]
For grave misconduct by his children the father has strong means
of correction.[1481] A son under twenty-five and a daughter under
twenty-one cannot marry without the consent of their parents;[1482]
and, even when a man has attained his twenty-fifth year, and the woman
her twenty-first, both are still bound to ask for it, by a formal
notification.[1483] Parental restraints upon marriage exist to a very
great extent in Germany and Holland also, the marriage of minors being
absolutely void, if effected without the consent of the father, or of
the mother if she be the survivor. According to American, Scotch, and
Irish law, on the other hand, the consent of parents and guardians to
the marriage of minors is not requisite to the validity of the union.
The same was the case in England prior to the statute of 26 Geo. II.
c. 33, which declared all marriages by license, when either of the
parties was under the age of twenty-one years, if celebrated without
publication of banns, or without the consent of the father or unmarried
mother, or guardian to be absolutely null and void.[1484]
There is thus a certain resemblance between the family institution of
savage tribes and that of the most advanced races. Among both, the
grown-up son, and frequently the grown-up daughter, enjoys a liberty
unknown among peoples at an intermediate stage of civilization. There
are, however, these vital differences:—that children in civilized
countries are in no respect the property of their parents; that they
are born with certain rights guaranteed to them by society; that the
birth of children gives parents no rights over them other than those
which conduce to the children’s happiness. These ideas, essential as
they are to true civilization, are not many centuries old. It is a
purely modern conception the French Encyclopedist expresses when he
says, “Le pouvoir paternel est plutôt un devoir qu’un pouvoir.”[1485]
CHAPTER XI
SEXUAL SELECTION AMONG ANIMALS
Public-domain text, read in full here on John Shaqi.
Reviews
Reviews
No reviews yet
Be the first to share your thoughts on this work.
Elsewhere in the archive
Join the Discussion
Join the discussion
Sign in to leave a comment or review.
Sign InorCreate an account