History of marriage by culture
Although the institution of marriage pre-dates reliable recorded history, many cultures have legends concerning the origins of marriage. The way in which a marriage is conducted and its rules and ramifications has changed over time, as has the institution itself, depending on the culture or demographic of the time.[12] Various cultures have had their own theories on the origin of marriage. One example may lie in a man's need for assurance as to paternity of his children. He might therefore be willing to pay a bride price or provide for a woman in exchange for exclusive s*xual access.[13] Legitimacy is the consequence of this transaction rather than its motivation. In Comanche society, married women work harder, lose s*xual freedom, and do not seem to obtain any benefit from marriage.[14] But nubile women are a source of jealousy and strife in the tribe, so they are given little choice other than to get married. "In almost all societies, access to women is institutionalized in some way so as to moderate the intensity of this competition."[15] Forms of group marriage which involve more than one member of each s*x, and therefore are not either polygyny or polyandry, have existed in history. However, these forms of marriage are extremely rare. Of the 250 societies reported by the American anthropologist George P. Murdock in 1949, only the Caingang of Brazil had any group marriages at all.[16]
Various marriage practices have existed throughout the world. In some societies an individual is limited to being in one such couple at a time (monogamy), while other cultures allow a male to have more than one wife (polygyny) or, less commonly, a female to have more than one husband (polyandry). Some societies also allow marriage between two males or two females. Societies frequently have other restrictions on marriage based on the ages of the participants, pre-existing kinship, and membership in religious or other social groups.
Europe
In Ancient Greece, no specific civil ceremony was required for the creation of a marriage – only mutual agreement and the fact that the couple must regard each other as husband and wife accordingly.[citation needed] Men usually married when they were in their 20s[citation needed] and women in their teens. It has been suggested that these ages made sense for the Greeks because men were generally done with military service or financially established by their late 20s, and marrying a young girl ensured ample time for her to bear children, as life expentancies were significantly lower during this period. Married Greek women had few rights in ancient Greek society and were expected to take care of the house and children.[citation needed] Time was an important factor in Greek marriage. For example, there were superstitions that being married during a full moon was good luck and, according to Robert Flacelière, Greeks married in the winter.[citation needed] Inheritance was more important than feelings: a woman whose father dies without male heirs could be forced to marry her nearest male relative—even if she had to divorce her husband first.[17]
There were several types of marriages in ancient Roman society. The traditional ("conventional") form called conventio in manum required a ceremony with witnesses and was also dissolved with a ceremony.[18] In this type of marriage, a woman lost her family rights of inheritance of her old family and gained them with her new one. She now was subject to the authority of her husband.[citation needed] There was the free marriage known as sine manu. In this arrangement, the wife remained a member of her original family; she stayed under the authority of her father, kept her family rights of inheritance with her old family and did not gain any with the new family.[19] The minimum age of marriage for girls was 12.[20]
Woodcut. How Reymont and Melusina were betrothed / And by the bishop were blessed in their bed on their wedlock. From the
Melusine, 15th century.
From the early Christian era (30 to 325 CE), marriage was thought of as primarily a private matter,[citation needed] with no uniform religious or other ceremony being required. However, bishop Ignatius of Antioch writing around 110 to bishop Polycarp of Smyrna exhorts, "[I]t becomes both men and women who marry, to form their union with the approval of the bishop, that their marriage may be according to God, and not after their own lust."[21]
In the 12th century[where?] women were obligated to take the name of their husbands and starting in the second half of the 16th century[where?] parental consent along with the church's consent was required for marriage.[22]
With few local exceptions, until 1545, Christian marriages in Europe were by mutual consent, declaration of intention to marry and upon the subsequent physical union of the parties.[23][24] The couple would promise verbally to each other that they would be married to each other; the presence of a priest or witnesses was not required.[25] This promise was known as the "verbum." If freely given and made in the present tense (e.g., "I marry you"), it was unquestionably binding;[23] if made in the future tense ("I will marry you"), it would constitute a betrothal. One of the functions of churches from the Middle Ages was to register marriages, which was not obligatory. There was no state involvement in marriage and personal status, with these issues being adjudicated in ecclesiastical courts. During the Middle Ages marriages were arranged, sometimes as early as birth, and these early pledges to marry were often used to ensure treaties between different royal families, nobles, and heirs of fiefdoms. The church resisted these imposed unions, and increased the number of causes for nullification of these arrangements.[22] As Christianity spread during the Roman period and the Middle Ages, the idea of free choice in selecting marriage partners increased and spread with it.[22]
The average age of marriage in the late 13th century into the 16th century was around 25 years of age.[26]
As part of the Protestant Reformation, the role of recording marriages and setting the rules for marriage passed to the state, reflecting Martin Luther's view that marriage was a "worldly thing".[27] By the 17th century many of the Protestant European countries had a state involvement in marriage. As of 2000, the average marriage age range was 25–44 years for men and 22–39 years for women. In England, under the Anglican Church, marriage by consent and cohabitation was valid until the passage of Lord Hardwicke's Act in 1753. This act instituted certain requirements for marriage, including the performance of a religious ceremony observed by witnesses.[28]
As part of the Counter-Reformation, in 1563 the Council of Trent decreed that a Roman Catholic marriage would be recognized only if the marriage ceremony was officiated by a priest with 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."[29]
In the early modern period, John Calvin and his Protestant colleagues reformulated Christian marriage by enacting the Marriage Ordinance of Geneva, which imposed "The dual requirements of state registration and church consecration to constitute marriage"[29] for recognition.
In England and Wales, Lord Hardwicke's Marriage Act 1753 required a formal ceremony of marriage, thereby curtailing the practice of Fleet Marriage.[30] These were clandestine or irregular marriages performed at Fleet Prison, and at hundreds of other places. From the 1690s until the Marriage Act of 1753 as many as 300,000 clandestine marriages were performed at Fleet Prison alone.[31] The Act required a marriage ceremony to be officiated by an Anglican priest in the Anglican Church with two witnesses and registration. The Act did not apply to Jewish marriages or those of Quakers, whose marriages continued to be governed by their own customs.
In England and Wales, since 1837, civil marriages have been recognized as a legal alternative to church marriages under the Marriage Act of 1836. In Germany, civil marriages were recognized in 1875. This law permitted a declaration of the marriage before an official clerk of the civil administration, when both spouses affirm their will to marry, to constitute a legally recognized valid and effective marriage, and allowed an optional private clerical marriage ceremony.
In contemporary English common law, a marriage is a voluntary contract by a man and a woman, in which by agreement they choose to become husband and wife.[32] Edvard Westermarck proposed that "the institution of marriage has probably developed out of a primeval habit".[33]
China
The mythological origin of Chinese marriage is a story about Nüwa and Fu Xi who invented proper marriage procedures after becoming married. In ancient Chinese society, people of the same surname are supposed to consult with their family trees prior marriage to reduce the potential risk of unintentional incest. Marriaging to one's maternal relatives was generally not thought of as incest, families sometimes intermarried from one generation to another. Over time, Chinese people became more geographically mobile. Individuals remained members of their biological families. When a couple died, the husband and the wife were buried separately in the respective clans’ graveyard. In a maternal marriage, a male would become a son-in-law who lived in the wife's home.
The New Marriage Law of 1950 radically changed Chinese marriage traditions, enforcing monogamy, equality of men and women, and choice in marriage; arranged marriages were the most common type of marriage in China until then.
Same-s*x marriage
Various types of same-s*x marriages have existed,[34] ranging from informal, unsanctioned relationships to highly ritualized unions.[35]
While it is a relatively new practice to frequently grant same-s*x couples the same form of legal marital recognition as commonly granted to mixed-s*x couples, there is a long history of recorded same-s*x unions around the world.[36] It is believed that same-s*x unions were celebrated in Ancient Greece and Rome,[36] some regions of China, such as Fujian, and at certain times in ancient European history.[37] A law in the Theodosian Code (C. Th. 9.7.3) issued in 342 CE imposed severe penalties or death on same-s*x marriage in ancient Rome[38] but the exact intent of the law and its relation to social practice is unclear, as only a few examples of same-s*x marriage in that culture exist.[39]
Group marriage
Group marriage also known as multi-lateral marriage, is a form of polyamory in which more than two persons form a family unit, with all the members of the group marriage being considered to be married to all the other members of the group marriage, and all members of the marriage share parental responsibility for any children arising from the marriage.[40] No country legally condones group marriages, neither under the law nor as a common law marriage.
Selection of a partner
There is wide cross-cultural variation in the social rules governing the selection of a partner for marriage. There is variation in the degree to which partner selection is an individual decision by the partners or a collective decision by the partners' kin groups, and there is variation in the rules regulating which partners are valid choices.
In many societies the choice of partner is limited to suitable persons from specific social groups. In some societies the rule is that a partner is selected from an individual's own social group – endogamy, this is the case in many class and caste based societies. But in other societies a partner must be chosen from a different group than one's own – exogamy, this is the case in many societies practicing totemic religion where society is divided into several exogamous totemic clans, such as most Aboriginal Australian societies. In other societies a person is expected to marry their cross-cousin, a woman must marry her father's sister's son and a man must marry his mother's brother's daughter – this is often the case if either a society has a rule of tracing kinship exclusively through patrilineal or matrilineal descent groups as among the Akan people of Africa. Another kind of marriage selection is the levirate marriage in which widows are obligated to marry their husband's brother, this is mostly found in societies where kinship is based on endogamous clan groups.
In other cultures with less strict rules governing the groups from which a partner can be chosen the selection of a marriage partner may involve either the couple going through a selection process of courtship or the marriage may be arranged by the couple's parents or an outside party, a matchmaker.
A pragmatic (or 'arranged') marriage is made easier by formal procedures of family or group politics. A responsible authority sets up or encourages the marriage; they may, indeed, engage a professional matchmaker to find a suitable spouse for an unmarried person. The authority figure could be parents, family, a religious official, or a group consensus. In some cases, the authority figure may choose a match for purposes other than marital harmony.
In rural Indian villages, child marriage is also practiced, with parents at times arranging the wedding, sometimes even before the child is born.[41] This practice was made illegal under the Child Marriage Restraint Act of 1929.
In some societies ranging from Central Asia to the Caucasus to Africa, the custom of bride kidnapping still exists, in which a woman is captured by a man and his friends. Sometimes this covers an elopement, but sometimes it depends on s*xual violence. In previous times, raptio was a larger-scale version of this, with groups of women captured by groups of men, sometimes in war; the most famous example is The Rape of the Sabine Women, which provided the first citizens of Rome with their wives.
Other marriage partners are more or less imposed on an individual. For example, widow inheritance provides a widow with another man from her late husband's brothers.
Marriage ceremony
A marriage is usually formalized at a wedding or marriage ceremony. The ceremony may be officiated either by a religious official, by a government official or by a state approved celebrant. In many European and some Latin American countries, any religious ceremony must be held separately from the required civil ceremony. Some countries – such as Belgium, Bulgaria, France, the Netherlands, Romania and Turkey[42] – require that a civil ceremony take place before any religious one. In some countries – notably the United States, Canada, the United Kingdom, the Republic of Ireland, Norway and Spain – both ceremonies can be held together; the officiant at the religious and civil ceremony also serving as agent of the state to perform the civil ceremony. To avoid any implication that the state is "recognizing" a religious marriage (which is prohibited in some countries) – the "civil" ceremony is said to be taking place at the same time as the religious ceremony. Often this involves simply signing a register during the religious ceremony. If the civil element of the religious ceremony is omitted, the marriage is not recognized by government under the law.
While some countries, such as Australia, permit marriages to be held in private and at any location, others, including England and Wales, require that the civil ceremony be conducted in a place open to the public and specially sanctioned by law. In England, the place of marriage need no longer be a church or register office, but could also be a hotel, historic building or other venue that has obtained the necessary license. An exception can be made in the case of marriage by special emergency license, which is normally granted only when one of the parties is terminally ill. Rules about where and when persons can marry vary from place to place. Some regulations require that one of the parties reside in the locality of the registry office.
Within the parameters set by the law of the jurisdiction in which a marriage or wedding takes place, each religious authority has rules for the manner in which weddings are to be conducted by their officials and members.
