Читать книгу History of Matrimonial Institutions - George Elliott Howard - Страница 4

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

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