History
Marriage remains relevant as the union that socially sanctions a sexual relationship. In the law of England and Wales, children whose parents were not married to each other at the time of the birth were known as bastards. They were considered illegitimate, meaning they usually could not inherit wealth or title. This has also applied to children who were born inside a marriage which was then annulled; the two daughters of Henry VIII, Mary I and Elizabeth I, were declared illegitimate after their father annulled the marriages that they had been born into.
In Catholicism, the Council of Trent made the validity of marriage dependent upon its being performed before a priest and two witnesses. The Council also authorized a Catechism, issued in 1566, which defined marriage as, "The conjugal union of man and woman, contracted between two qualified persons, which obliges them to live together throughout life."
In the United Kingdom, the Deceased Wife's Sister's Marriage Act 1907 was a statute passed by Parliament that removed the prohibition forbidding a man to marry the sister of his deceased wife.
In Britain
European culture and the cultures of the Americas, so far as they descend from it, have for the most part defined themselves as monogamous cultures. This partially stemmed from Christianity, Germanic cultural traditions and the mandate of Roman Law. However, Roman Law permitted prostitution, concubinage, and sexual access to slaves. The Christian West formally banned these practices with laws against adultery, fornication, and other relationships outside a monogamous, lifelong covenant.
European monogamy
The participants in a marriage usually seek social recognition for their relationship, and many societies require official approval of a religious or civil body.
In the early modern era, John Calvin (1509 – 1564) and his Protestant colleagues reformulated Christian marriage through enactment of The Marriage Ordinance of Geneva, imposing, "The dual requirements of state registration and church consecration to constitute marriage."
In England and Wales, it was Lord Hardwicke's Marriage Act 1753 that first required formal ceremony of marriage, thereby curtailing the practice of Fleet Marriage.
In many jurisdictions, the civil marriage ceremony may take place during the religious marriage ceremony, although they are theoretically distinct. In most American states, the marriage may be officiated by a priest, minister, rabbi or other religious authority, and in such a case the religious authority acts simultaneously as an agent of the state. In some countries, such as France, Spain, Germany, Turkey, Argentina and Russia, it is necessary to be married by the state separate from (usually before) any religious ceremony, with the state ceremony being the legally binding one. Some states allow civil marriages in circumstances which are not allowed by many religions, such as same-sex marriages or civil unions.
Marriage may also be created by the operation of the law alone, as in common-law marriage, sometimes called "marriage by habit and repute." This is a judicial recognition that two people who have been living as domestic partners are entitled to the effects of marriage. However, in the UK at least, common-law marriage has been abolished and there are no rights available unless a couple marry or enter a civil partnership. Conversely, there are examples of people who have a religious ceremony that is not recognized by the civil authorities. Examples include widows who stand to lose a pension if they remarry legally, same-sex couples (where same-sex marriage is not legally recognized), some sects which recognize polygamy, retired couples who would lose pension benefits if legally married, Muslim men who wish to engage in polygamy that is condoned in some situations under Islam, and immigrants who do not wish to alert the immigration authorities that they are married either to a spouse they are leaving behind or because the complexity of immigration laws may make it difficult for spouses to visit on a tourist visa.
In Europe, it has traditionally been the churches' office to make marriages official by registering them. Hence, it was a significant step towards a clear separation of church and state and also an intended and sufficient weakening of the Christian churches' role in Germany, when Chancellor Otto von Bismarck introduced the Zivilehe (civil marriage) in 1875. This law made the declaration of the marriage before an official clerk of the civil administration (both spouses affirming their will to marry) the procedure to make a marriage legally valid and effective, and reduced the clerical marriage to an optional private ceremony.
Recognition
Marriage sometimes establishes the legal father of a woman's child; establishes the legal mother of a man's child; gives the husband or his family control over the wife's sexual services, labor, and/or property; gives the wife or her family control over the husband's sexual services, labor, and/or property; establishes a joint fund of property for the benefit of children; or establishes a relationship between the families of the husband and wife. No society ascribes all of these rights to marriage, and none are universal (see Edmund Leach's article in "Marriage, Family, and Residence," edited by Paul Bohannan and John Middleton).
Marriage is not a prerequisite for having children. In the U.S., the National Center for Health Statistics reported that in 1992, 30.1 percent of births were to unmarried women.
Conversely, a marriage is commonly held to require a sexual relationship, and non-consummation (that is, failure to engage in sex) may be held grounds for an annulment (e.g., John Ruskin's abortive marriage).
See also: Rights and responsibilities of marriages in the United States
Rights and obligations
Thursday, September 13, 2007
Blog Archive
-
▼
2007
(137)
-
▼
September
(27)
- The Lakeland, Florida Metropolitan Statistical...
- The Gulf of Cádiz (in Spanish: Golfo de Cádiz)...
- Elmer Lee Andersen Elmer Lee Andersen (June 17...
- The International Baseball League of Australia w...
- Oxford University Press (OUP) is a publishing ho...
- The Kelvin-Helmholtz mechanism is an astronomi...
- This article serves as an overview of the custom...
- Geography Nong Bua Lam Phu was traditionally g...
- Chongqing (Simplified Chinese: 重庆; Traditional...
- Eddie Foy, Sr. (born Edwin Fitzgerald Foy March ...
- Rust Epique (b. February 29, 1968 - d. March 9...
- Early life On 1 July 1862, Princess Alice marrie...
- Agatha Mary Clarissa, Lady Mallowan, DBE (15 Sep...
- Alfonso IV, called the Kind (also the Gentle or ...
- History Marriage remains relevant as the union t...
- left|The Lia Manoliu Stadium, Bucharest The Lia...
- Fritz Sauckel (Ernst Friedrich Christoph Sauck...
- James Gordon Brown (born 20 February 1951) is th...
- St. Paul's Church may mean: In Canada: In Germ...
- Lennard Pearce (February 9, 1915- December 15,...
- Field design The distance fences were no probl...
- A province is a territorial unit, almost always ...
- Charles Noski is a current member of the board...
- The Cannon House Office Building, completed in...
- Terry Harper (born January 27, 1940 in Regina,...
- This article is part of the series: Politics and...
- Diana Vreeland (July 29, 1903 in Paris, France...
-
▼
September
(27)