A History of Matrimonial Institutions (Vol. 1-3)

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George Elliott Howard. A History of Matrimonial Institutions (Vol. 1-3)

A History of Matrimonial Institutions (Vol. 1-3)

Table of Contents

Volume 1

Table of Contents

PREFACE

PART I. ANALYSIS OF THE LITERATURE AND THE THEORIES. OF PRIMITIVE MATRIMONIAL INSTITUTIONS

CHAPTER I. THE PATRIARCHAL THEORY

I. STATEMENT OF THE THEORY

II. CRITICISM OF THE THEORY BY SPENCER AND McLENNAN

III. THE THEORY IN THE LIGHT OF RECENT RESEARCH

CHAPTER II. THEORY OF THE HORDE AND MOTHER-RIGHT

I. BACHOFEN AND HIS DISCIPLES

II. MORGAN'S CONSTRUCTIVE THEORY

III. McLENNAN'S CONSTRUCTIVE THEORY

CHAPTER III. THEORY OF THE ORIGINAL PAIRING OR MONOGAMOUS FAMILY

I. THE PROBLEM OF PROMISCUITY

II. THE PROBLEM OF MOTHER-RIGHT

III. THE PROBLEM OF EXOGAMY

IV. THE PROBLEM OF THE SUCCESSIVE FORMS OF THE FAMILY

CHAPTER IV. RISE OF THE MARRIAGE CONTRACT

I. WIFE-CAPTURE AND THE SYMBOL OF RAPE[472]

II. WIFE-PURCHASE AND ITS SURVIVAL IN THE MARRIAGE CEREMONY

III. THE ANTIQUITY OF SELF-BETROTHAL OR FREE MARRIAGE

IV. PRIMITIVE FREE MARRIAGE SURVIVING WITH PURCHASE, AND THE DECAY OF THE PURCHASE-CONTRACT

CHAPTER V. EARLY HISTORY OF DIVORCE

I. THE RIGHT OF DIVORCE

II. THE FORM OF DIVORCE

III. THE LEGAL EFFECTS OF DIVORCE

IV. FREQUENCY OF DIVORCE

PART II. MATRIMONIAL INSTITUTIONS IN ENGLAND

CHAPTER VI. OLD ENGLISH WIFE-PURCHASE YIELDS TO FREE MARRIAGE

I. THE PRIMITIVE REAL CONTRACT OF SALE AND ITS MODIFICATIONS

II. RISE OF FREE MARRIAGE: SELF-BEWEDDUNG AND SELF-GIFTA

CHAPTER VII. RISE OF ECCLESIASTICAL MARRIAGE: THE CHURCH ACCEPTS THE LAY CONTRACT AND CEREMONIAL

I. THE PRIMITIVE CHRISTIAN BENEDICTION, THE BRIDE-MASS, AND THE CELEBRATION AD OSTIUM ECCLESIAE

II. THE PRIEST SUPERSEDES THE CHOSEN GUARDIAN, AND SPONSALIA PER VERBA DE PRAESENTI ARE VALID

CHAPTER VIII. RISE OF ECCLESIASTICAL MARRIAGE: THE CHURCH DEVELOPS AND ADMINISTERS MATRIMONIAL LAW

I. THE EARLY CHRISTIAN DOCTRINE AND THE RISE OF THE CANONICAL THEORY

II. CLANDESTINE MARRIAGES THE FRUIT OF THE CANONICAL THEORY

III. THE EVILS OF THE SPIRITUAL JURISDICTION

IV. PUBLICITY SOUGHT THROUGH BANNS AND REGISTRATION

CHAPTER IX. THE PROTESTANT CONCEPTION OF MARRIAGE

I. AS TO THE FORM OF MARRIAGE

II. AS TO THE NATURE OF MARRIAGE

III. CHILD-MARRIAGES IN THE AGE OF ELIZABETH

CHAPTER X. RISE OF CIVIL MARRIAGE

I. CROMWELL'S CIVIL MARRIAGE ACT, 1653

II. FLEET MARRIAGES AND THE HARDWICKE ACT, 1753

III. THE PRESENT ENGLISH LAW

FOOTNOTES:

Volume 2

Table of Contents

PART II. MATRIMONIAL INSTITUTIONS IN ENGLAND. Continued

CHAPTER XI. HISTORY OF SEPARATION AND DIVORCE UNDER ENGLISH AND ECCLESIASTICAL LAW

I. THE EARLY CHRISTIAN DOCTRINE AND THE THEORY OF THE CANON LAW

II. THE PROTESTANT DOCTRINE OF DIVORCE

III. LAW AND THEORY DURING THREE CENTURIES

PART III. MATRIMONIAL INSTITUTIONS IN THE UNITED STATES

CHAPTER XII. OBLIGATORY CIVIL MARRIAGE IN THE NEW ENGLAND COLONIES

I. THE MAGISTRATE SUPERSEDES THE PRIEST AT THE NUPTIALS

II. BANNS, CONSENT, AND REGISTRATION

III. COURTSHIP, PROPOSALS, AND GOVERNMENT OF SINGLE PERSONS

IV. PRE-CONTRACTS, BUNDLING, AND SEXUAL IMMORALITY

TABLE I

TABLE II

TABLE III

TABLE IV

TABLE V

TABLE VI

TABLE VII

V. BREACH OF PROMISE AND MARRIAGE PORTIONS

VI. SELF-GIFTA, CLANDESTINE CONTRACTS, AND FORBIDDEN DEGREES

VII. SLAVE MARRIAGES

CHAPTER XIII. ECCLESIASTICAL RITES AND THE RISE OF CIVIL MARRIAGE IN THE SOUTHERN COLONIES

I. THE RELIGIOUS CEREMONY AND LAY ADMINISTRATION IN VIRGINIA

II. OPTIONAL CIVIL MARRIAGE AND THE RISE OF OBLIGATORY RELIGIOUS CELEBRATION IN MARYLAND

III. THE STRUGGLE FOR CIVIL MARRIAGE AND FREE RELIGIOUS CELEBRATION IN NORTH CAROLINA

IV. EPISCOPAL RITES BY LAW AND FREE CIVIL OR RELIGIOUS CELEBRATION BY CUSTOM IN SOUTH CAROLINA AND GEORGIA

CHAPTER XIV. OPTIONAL CIVIL OR ECCLESIASTICAL MARRIAGE IN THE MIDDLE COLONIES

I. NEW YORK

II. NEW JERSEY, PENNSYLVANIA, AND DELAWARE

CHAPTER XV. DIVORCE IN THE AMERICAN COLONIES

I. IN NEW ENGLAND

TABLE I

TABLE II

TABLE III

II. ENGLISH DIVORCE LAWS IN ABEYANCE IN THE SOUTHERN COLONIES

III. ARBITRATION AND DIVORCE IN THE MIDDLE COLONIES

CHAPTER XVI. A CENTURY AND A QUARTER OF MARRIAGE LEGISLATION IN THE UNITED STATES, 1776-1903

I. THE NEW ENGLAND STATES

II. THE SOUTHERN AND SOUTHWESTERN STATES[1224]

III. THE MIDDLE AND WESTERN STATES[1392]

FOOTNOTES:

Volume 3

Table of Contents

PART III. MATRIMONIAL INSTITUTIONS IN THE UNITED STATES. Continued

CHAPTER XVII. A CENTURY AND A QUARTER OF DIVORCE LEGISLATION IN THE UNITED STATES, 1776-1903

I. THE NEW ENGLAND STATES

II. THE SOUTHERN AND SOUTHWESTERN STATES[124]

III. THE MIDDLE AND WESTERN STATES[346]

CHAPTER XVIII. PROBLEMS OF MARRIAGE AND THE FAMILY

I. THE FUNCTION OF LEGISLATION

II. THE FUNCTION OF EDUCATION

BIBLIOGRAPHICAL INDEX

I. EARLY HISTORY OF MATRIMONIAL INSTITUTIONS

II. MATRIMONIAL INSTITUTIONS IN ENGLAND AND UNDER GERMANIC AND CANON LAW

III. MATRIMONIAL INSTITUTIONS IN THE UNITED STATES

A. MANUSCRIPTS

B. BOOKS AND ARTICLES

IV. PROBLEMS OF MARRIAGE AND THE FAMILY

V. SESSION LAWS AND COLLECTED STATUTES USED IN CHAPTERS XVI-XVIII

FOOTNOTES:

Отрывок из книги

George Elliott Howard

Complete Edition

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[48] Wake, Marriage and Kinship, 359 ff., especially 382, where a thorough and detailed criticism of McLennan's theory is given.

[49] Bernhöft, "Die Principien des eur. Familienrechts," ZVR., IX, 418, 419, 437 ff. See also his Römische Königszeit, 202 ff.; and his articles in ZVR., VIII, 11; IV., 227 ff.; and compare Dargun, Mutterrecht und Vaterrecht, 91-94, 108. Starcke, op. cit., 101-18, also gives a searching examination of the theory of McLennan and the earlier views of Dargun, rejecting their conclusions.

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