The Definition of Marriage—­Marriage Among Animals—­The Predominance of Monogamy—­The Question of Group Marriage—­Monogamy a Natural Fact, Not Based on Human Law—­The Tendency to Place the Form of Marriage Above the Fact of Marriage—­The History of Marriage—­Marriage in Ancient Rome—­Germanic Influence on Marriage—­Bride-Sale—­The Ring—­The Influence of Christianity on Marriage—­The Great Extent of this Influence—­The Sacrament of Matrimony—­Origin and Growth of the Sacramental Conception—­The Church Made Marriage a Public Act—­Canon Law—­Its Sound Core—­Its Development—­Its Confusions and Absurdities—­Peculiarities of English Marriage Law—­Influence of the Reformation on Marriage—­The Protestant Conception of Marriage as a Secular Contract—­The Puritan Reform of Marriage—­Milton as the Pioneer of Marriage Reform—­His Views on Divorce—­The Backward Position of England in Marriage Reform—­Criticism of the English Divorce Law—­Traditions of the Canon Law Still Persistent—­The Question of Damages for Adultery—­Collusion as a Bar to Divorce—­Divorce in France, Germany, Austria, Russia, etc.—­The United States—­Impossibility of Deciding by Statute the Causes for Divorce—­Divorce by Mutual Consent—­Its Origin and Development—­Impeded by the Traditions of Canon Law—­Wilhelm von Humboldt—­Modern Pioneer Advocates of Divorce by Mutual Consent—­The Arguments Against Facility of Divorce—­The Interests of the Children—­The Protection of Women—­The Present Tendency of the Divorce Movement—­Marriage Not a Contract—­The Proposal of Marriage for a Term of Years—­Legal Disabilities and Disadvantages in the Position of the Husband and the Wife—­Marriage Not a Contract But a Fact—­Only the Non-Essentials of Marriage, Not the Essentials, a Proper Matter for Contract—­The Legal Recognition of Marriage as a Fact Without Any Ceremony—­Contracts of the Person Opposed to Modern Tendencies—­The Factor of Moral Responsibility—­Marriage as an Ethical Sacrament—­Personal Responsibility Involves Freedom—­Freedom the Best Guarantee of Stability—­False Ideas of Individualism—­Modern Tendency of Marriage—­With the Birth of a Child Marriage Ceases to be a Private Concern—­Every Child Must Have a Legal Father and Mother—­How This Can be Effected—­The Firm Basis of Monogamy—­The Question of Marriage Variations—­Such Variations Not Inimical to Monogamy—­The Most Common Variations—­The Flexibility of Marriage Holds Variations in Check—­Marriage Variations versus Prostitution—­Marriage on a Reasonable and Humane Basis—­Summary and Conclusion.

CHAPTER XI.

The art of love.

Marriage Not Only for Procreation—­Theologians on the Sacramentum
Solationis—­Importance of the Art of Love—­The Basis of Stability in
Marriage and the Condition for Right Procreation—­The Art of Love the
Bulwark Against Divorce—­The Unity of Love and Marriage a Principle of