MARRIAGE . Marriage (Fr. mariage, from marier, to marry;
See also:Lat. maritare, from mas,
See also:maris, a male), or " matrimony " (Lat. matrimonium, from. mater, a
See also:mother), may be defined either (a) as the
See also:act, ceremony, or
See also:process by which the legal relationship of
See also:husband and wife is constituted; or (b) as a
See also:physical, legal and moral union between man and woman in
See also:complete community of
See also:life for the
See also:establishment of a
See also:family.l It is possible to discriminate between three stages, taking marriage in the latter sense as an institution—the animal or physical stage, the proprietary or legal stage, and the
See also:personal' or moral stage . In the first or physical stage the relation of the sexes was unregulated, and in many cases of brief duration . In the second or legal stage greater permanence was secured in marriage by assigning the husband a
See also:property right in his wife or wives . In the last stage the proprietary relation falls more and more into the background, and the relation of husband and wife approximates that of two individuals entirely equal before the.
See also:law . Although in the
See also:history of marriage these three stages have been roughly successive, the
See also:order of their entering the conscious experience of the individual is usually the
See also:reverse of their order in the development.of the
See also:race; and in the solemnization of a marriage based upon affection and choice the growth of the relation begins with the moral, advances to the legal and ,culminates in the physical union, each one of these deriving its meaning and its worth from the preceding . In most legal systems marriage, in the sense of a ceremony, takes the
See also:form of a contract—the mutual assent of the parties being the prominent and indispensable feature . Whether it is really a contract or not, and if so to what class of contracts it belongs, are questions which have been much discussed, but into which it is not necessary to enter . While the consent of parties is universally deemed one of the conditions of a, legal marriage, all the incidents of the relationship constituted by the act are absolutely fixed by law . The jurist has to
See also:deal with marriage in so far as it creates the legal status of husband and wife . It should be added that, while marriage is generally spoken of by lawyers as a contract, its complete
See also:isolation from all other contracts is invariably recognized . Its
See also:peculiar position may be peen at once by comparing it with other contracts giving rise to continuous relationships with more or less indefinite obligations, like those of.landlord and
See also:master and servant, &c .
In these the parties may ingeneral make their rights and duties what they please, the law only intervening when they are silent, to marriage every resulting right and
See also:duty is fixed by the law . Besides true marriage, inferior forms of union have from
See also:time to time been recognized, and may be briefly noticed here . These have all but disappeared from
See also:modern society, depending as they do on matrimonial restrictions now obsolete . The institution of
See also:slavery is a fruitful source of this kind of de-based matrimony . In
See also:Roman law no slave could contract marriage whether with another slave or a
See also:person . The union of male and
See also:female slaves (contubernium) was recognized for various purposes; a free woman entering into a union with a slave incurred under the S.C . Claudianum the
See also:forfeiture of her own liberty; but the bond-woman might be the concubine of a freeman . In the
See also:United States, where slavery was said to be regulated by the principle of the
See also:civil law, the marriage of slaves was so far recognized that on emancipation complete matrimony took effect and the
See also:children became legitimate without any new ceremony . In Roman law no legal marriage could be contracted unless there was connubium between the parties . Originally there was no connubium between plebs and
See also:patricians, and the
See also:privilege was conceded after a long struggle by the Lex Canuleia . In later times
See also:Latini and Peregrini were excluded from connubium except where the right had been expressly conferred . The
See also:great matrimonial law of the early
See also:empire (Lex Julia et Papia Poppaea) introduced restrictions depending on the
See also:condition of the parties which later legislation extended and perpetuated .
Senators under that law were forbidden to marry freedwomen or
See also:women of inferior
See also:rank, and the husband of a freedwoman becoming a senator was set free from his marriage . In the
See also:canon law' new restrictions were
See also:developed . Persons who bound themselves not to marry were deemed incapable of marrying . The order of the
See also:clergy were forbidden to marry . And disparity of faith was recognized by the early
See also:church as a
See also:bar to matrimony, e.g. between Christians and pagans and between orthodox and heretics (see
See also:Dictionary of Christian Antiquities,
See also:art . " Marriage ") .
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