Marriage is a social union or legal contract between people that creates kinship Kinship is a relationship between any entities that share a genealogical origin, through either biological, cultural, or historical descent. And descent groups, lineages, etc. are treated in their own subsections, see Contents below. It is an institution Institutions are structures and mechanisms of social order and cooperation governing the behavior of a set of individuals within a given human collectivity. Institutions are identified with a social purpose and permanence, transcending individual human lives and intentions, and with the making and enforcing of rules governing cooperative human in which interpersonal relationships, usually intimate and sexual, are acknowledged in a variety of ways, depending on the culture Culture is a term that has various meanings. For example, in 1952, Alfred Kroeber and Clyde Kluckhohn compiled a list of 164 definitions of "culture" in Culture: A Critical Review of Concepts and Definitions. However, the word "culture" is most commonly used in three basic senses: or subculture in which it is found. Such a union, often formalized via a wedding A wedding is the ceremony in which two people are united in marriage or a similar institution. Wedding traditions and customs vary greatly between cultures, ethnic groups, religions, countries, and social classes. Most wedding ceremonies involve an exchange of wedding vows by the couple, presentation of a gift (offering, ring, symbolic item, ceremony, may also be called matrimony.

People marry for many reasons, including one or more of the following: legal, social, emotional, economical, spiritual, and religious. These might include arranged marriages, family obligations, the legal establishment of a nuclear family unit, the legal protection of children and public declaration of commitment.[1][2]

Marriage practices The type, functions, and characteristics of marriage vary from culture to culture, and can change over time. In general there are two types: civil marriage and religious marriage, and typically marriages employ a combination of both . Marriages between people of differing religions are called interfaith marriages, while marital conversion, a more are very diverse across cultures, yet almost every known society has had some form of marriage between a man and a woman. In some societies an individual is limited to being in one such couple at a time (monogamy Monogamy usually refers to a form of marriage in which an individual has only one spouse at any one time. However, monogamy may also refer to the more general state of having only one mate at any one time and as such may be applied to the social behavior of all animals. In current usage monogamy often refers to having one sexual partner), while other cultures allow a male to have more than one wife A wife is a female partner in a marriage. The rights and obligations of the wife regarding her spouse and others, and her status in the community and in law, varies between cultures and has varied over time (polygyny Polygyny is a form of marriage in which a man has two or more wives at the same time. In countries where the practice is illegal, the man is referred to as a bigamist and or a polygamist. It is distinguished from relationships where a man has a sexual partner outside marriage, such as a concubine, casual sexual partner, paramour, cohabitates with) or, less commonly, a female to have more than one husband A husband is a male participant in a marriage. The rights and obligations of the husband regarding his spouse and others, and his status in the community and in law, varies between cultures and has varied over time (polyandry Polyandry refers to a form of marriage in which a woman has two or more husbands at the same time. The form of polyandry in which a woman is married to two or more brothers is known as "fraternal polyandry", and it is believed by many anthropologists to be the most frequently encountered form). 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.

The act of marriage usually creates normative Normative has specialized meanings in several academic disciplines. Generically, it means relating to an ideal standard or model. In practice, it has strong connotations of relating to a typical standard or model or legal obligations between the individuals involved. In some societies these obligations also extend to certain family members of the married persons. Almost all cultures that recognize marriage also recognize adultery as a violation of the terms of marriage,[3] and forbid incestuous marriages.[4] In cultures that allow the dissolution of a marriage this is known as divorce Divorce is the final termination of a marital union, cancelling the legal duties and responsibilities of marriage and dissolving the bonds of matrimony between the parties. In most countries divorce requires the sanction of a court or other authority in a legal process. In Canada, Saskatchewan allows married persons to "become the spouse of a.

Marriage is usually recognized by the state A sovereign state is a political association with effective internal and external sovereignty over a geographic area and population which is not dependent on, or subject to any other power or state. While in abstract terms a sovereign state can exist without being recognised by other sovereign states, unrecognised states will often find it hard to, a religious authority, or both. It is often viewed as a contract In law, a contract is a legally binding agreement between two or more parties which, if it contains the elements of a valid legal agreement, is enforceable by law or by binding arbitration. A legally enforceable contract is an exchange of promises with specific legal remedies for breach. These can include compensatory remedy, whereby the. Civil marriage is the legal concept of marriage as a governmental institution irrespective of religious affiliation, in accordance with marriage laws A marriage, by definition, bestows rights and obligations on the married parties, and sometimes on relatives as well, being the sole mechanism for the creation of affinal ties . These may include: of the jurisdiction. If recognized by the state, by the religion(s) to which the parties belong or by society in general, the act of marriage changes the personal and social status of the individuals who enter into it.

Contents

Definitions

Marriage is the union of two different surnames, in friendship and in love, in order to continue the posterity of the former sages, and to furnish those who shall preside at the sacrifices to heaven and earth, at those in the ancestral temple, and at those at the altars to the spirits of the land and grain.

Confucius His philosophy emphasized personal and governmental morality, correctness of social relationships, justice and sincerity. These values gained prominence in China over other doctrines, such as Legalism or Taoism (道家) during the Han Dynasty (206 BC – 220 AD). Confucius' thoughts have been developed into a system of philosophy known as, [5]

Anthropologists have proposed several competing definitions of marriage so as to encompass the wide variety of marital practices observed across cultures.[6] In his book The History of Human Marriage (1921), Edvard Westermarck Edvard Alexander Westermarck was a Swedish speaking Finnish philosopher and sociologist. Among other subjects, he studied exogamy and the incest taboo defined marriage as "a more or less durable connection between male and female lasting beyond the mere act of propagation till after the birth of the offspring."[7] In The Future of Marriage in Western Civilization (1936), he rejected his earlier definition, instead provisionally defining marriage as "a relation of one or more men to one or more women that is recognised by custom or law".[8]

The anthropological handbook Notes and Queries (1951) defined marriage as "a union between a man and a woman such that children born to the woman are the recognized legitimate offspring of both partners."[9] In recognition of a practice by the Nuer of Sudan allowing women to act as a husband in certain circumstances, Kathleen Gough Eleanor Kathleen Gough Aberle was a British anthropologist who was known for her work in South Asia and South-East Asia. As a part of her doctorate work, she did field research in Malabar district from 1947 to 1949. She did further research in Tanjore district from 1950 to 1953 and again in 1976, and in Vietnam in 1976. She was known for her suggested modifying this to "a woman and one or more other persons."[10]

Edmund Leach He was provost of King's College, Cambridge from 1966-1979, was made a Fellow of the British Academy in 1972 and knighted in 1975. He introduced Claude Lévi-Strauss into British social anthropology criticized Gough's definition for being too restrictive in terms of recognized legitimate offspring and suggested that marriage be viewed in terms of the different types of rights it serves to establish. Leach expanded the definition and proposed that "Marriage is a relationship established between a woman and one or more other persons, which provides that a child born to the woman under circumstances not prohibited by the rules of the relationship, is accorded full birth-status rights common to normal members of his society or social stratum"[11] Leach argued that no one definition of marriage applied to all cultures. He offered a list of ten rights associated with marriage, including sexual monopoly and rights with respect to children, with specific rights differing across cultures.[12]

Duran Bell also criticized the legitimacy-based definition on the basis that some societies do not require marriage for legitimacy, arguing that in societies where illegitimacy means only that the mother is unmarried and has no other legal implications, a legitimacy-based definition of marriage is circular. He proposed defining marriage in terms of sexual access rights.[6]

Etymology

The modern English word "marriage" derives from Middle English Middle English is the name given by historical linguists to the diverse forms of the English language in use between the late 11th century and about 1470, when the Chancery Standard, a form of London-based English, began to become widespread, a process aided by the introduction of the printing press into England by William Caxton in the late 1470s mariage, which first appears in 1250–1300 C.E. This in turn is derived from Old French Old French was the Romance dialect continuum spoken in territories that span roughly the northern half of modern France and parts of modern Belgium and Switzerland from the 9th century to the 14th century. It is a direct descendent of Old Gallo-Romance. It was then known as the langue d'oïl to distinguish it from the langue d'oc (Occitan language, marier (to marry) and ultimately Latin Latin or sometimes Roman is an Italic language originally spoken in Latium and Ancient Rome. Although often considered a dead language, in view of the fact that it has no native speakers, a small number of scholars can fluently speak it and it continues to be taught in schools and universities and has been, and currently is, used in the process of marītāre (to marry) and marītus (of marriage).[13]

History

A Wedding Ring

Although the institution of marriage pre-dates reliable recorded history Recorded history is a part of human history that has been written down or recorded by the use of language. It starts in the 4th millennium BC, with the invention of writing. The period before this is known as prehistory, 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.[14]

One of the oldest known and recorded marriage laws is discerned from Hammurabi's Code The Code of Hammurabi is a well-preserved ancient law code, created ca. 1790 BC (middle chronology) in ancient Babylon. It was enacted by the sixth Babylonian king, Hammurabi. One nearly complete example of the Code survives today, inscribed on a seven foot, four inch tall diorite stele in the Akkadian language in the cuneiform script, enacted in ancient Mesopotamia Mesopotamia is a toponym for the area of the Tigris-Euphrates river system, largely corresponding to modern-day Iraq, as well as some parts of northeastern Syria, southeastern Turkey, and southwestern Iran (widely considered as the cradle of civilization The cradle of civilization is any of the possible locations for the emergence of civilization. It is usually applied to the Ancient Near Eastern Chalcolithic , especially in the Fertile Crescent (Levant and Mesopotamia), but also extended to sites in Armenia, Greece and the Persian Plateau, besides other Asian cultures situated along the large). 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 sexual access.[15] Legitimacy At common law, legitimacy is the status of a child who is born to parents who are legally married to one another, or who is born shortly after the parents' marriage ends through divorce. The opposite of legitimacy is the status of being illegitimate – born to a woman and a man who are not married to one another is the consequence of this transaction rather than its motivation. In Comanche The Comanche are a Native American ethnic group whose historic range consisted of present-day eastern New Mexico, southern Colorado, northeastern Arizona, southern Kansas, all of Oklahoma, and most of northwest Texas. Originally, the Comanches were hunter-gatherers, with a typical Plains Indian culture. There may have been as many as 45,000 society, married women work harder, lose sexual freedom, and do not seem to obtain any benefit from marriage.[16] 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."[17]

In English common law Common law is law developed by judges through decisions of courts and similar tribunals , rather than through legislative statutes or executive branch action. A "common law system" is a legal system that gives great precedential weight to common law, on the principle that it is unfair to treat similar facts differently on different, a marriage was a voluntary contract In law, a contract is a legally binding agreement between two or more parties which, if it contains the elements of a valid legal agreement, is enforceable by law or by binding arbitration. A legally enforceable contract is an exchange of promises with specific legal remedies for breach. These can include compensatory remedy, whereby the by a man and a woman, in which by agreement they choose to become husband and wife.[18] Edvard Westermarck proposed that "the institution of marriage has probably developed out of a primeval habit".[19]

Forms of group marriage Group marriage is a form of polyamory in which more than one man and more than one woman 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 which involve more than one member of each sex, and therefore are not either polygyny Polygyny is a form of marriage in which a man has two or more wives at the same time. In countries where the practice is illegal, the man is referred to as a bigamist and or a polygamist. It is distinguished from relationships where a man has a sexual partner outside marriage, such as a concubine, casual sexual partner, paramour, cohabitates with or polyandry Polyandry refers to a form of marriage in which a woman has two or more husbands at the same time. The form of polyandry in which a woman is married to two or more brothers is known as "fraternal polyandry", and it is believed by many anthropologists to be the most frequently encountered form, 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 The Kaingang people are a Native American ethnic group spread out over the four southern Brazilian states of São Paulo, Paraná, Santa Catarina and Rio Grande do Sul. They are also called Caingang and Aweikoma, though some sources list Kaingang and Aweikoma as separate groups. Their language and culture is quite distinct from the neighboring of Brazil had any group marriages at all.[20]

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