He is racked by the most tormenting jealousy and has little enjoyment from the affections of his family or the intercourse of other men. Light (1985) - defines the family as a group of people who are united by ties of marriage, ancestry, or adoption and who are recognized by the community as constituting a single household and as having the responsibility for rearing children. The common assumption is that Christian theories of marriage and family life were spiritual through and through and thus happily dispensable in our post-modern, post-establishment of religion era. . Many of them cited natural repugnance and inherent revulsion as the strongest indicators that incest of some sort was against the natural law. . Sex is for pleasure. If u need a hand in making your writing assignments - visit ⇒ www.HelpWriting.net ⇐ for more detailed information. . Rodgers, A Treatise on the Law of Domestic RelationsDavis v. Beason, 133 U.S. 333, 343 (1890); Reynolds v. United States, 98 U.S. 145, 165 (1878); Theodore D. Woolsey, Essay on Divorce and Divorce LegislationJohn Williams Morris, Observations on the Marriage LawsEdwin H. Woodruff, A Selection of Cases on Domestic Relations and the Law of PersonsFor studies of Maine’s variant influence on Anglo-American legal and political thought, see R.C.J. It stipulated that the man and woman who produce a child should have the prima facie right and duty to care for that child.

Second, monogamy “is much better calculated for continuing the race, than the union of one man with many women.” Fourth, monogamy is better designed to promote the fidelity and chastity humans need to procreate effectively as a species. . Grotius sometimes combined the common patterns of animals with the common customs of advanced civilizations to demonstrate what he thought was natural. Their views, in turn, penetrated deeply into the Anglo-American common laws of the eighteenth and nineteenth centuries, courtesy especially of William Blackstone and Joseph Story, who were avid readers of the Enlightenment philosophers. The common assumption is that the Western Enlightenment had denounced the Western Christian tradition for privileging church over state, Scripture over reason, men over women, chastity over sex, procreation The reality, however, is that from roughly 1600 to 1900, the Western legal tradition—and in particular the Anglo-American common law tradition that has been our focus—embraced and enhanced the natural law configuration of marriage and family life that had been adumbrated by Aristotle, elaborated by Thomas Aquinas and Francisco Vitoria, and then appropriated and expanded by Enlightenment liberals and jurists.

And it inclines a father to bond with a child that he knows is his own, that looks like him, that is an extension and creation of his being, substance, or genes, and that can carry on his name, work, property, and legacy.The natural law tradition presupposed that husbands and wives had to work hard to maintain active and healthy sex lives—even when, indeed especially when, procreation was not or was no longer possible.

To animals that have no instinct for pairing, chastity is utterly unknown; and to them it would be useless. Early Enlightenment figures, like Hugo Grotius and John Locke, took these (neo)Thomistic arguments about marriage and the family as the starting point for their more expansive liberal theory of the family that generations of later Enlightenment philosophers and jurists echoed and elaborated. A number of Scottish Enlightenment philosophers also endorsed Locke’s views, but they also pushed beyond him in developing their natural law theories of sex, marriage, and family life. Mutual consent, as in all contracts, brings them together; but mutual consent cannot part them. Grotius insisted that the Bible does not prescribe or proscribe anything “which is not agreeable to natural Decorum.” With these distinctions in mind, Grotius began to sort through what features of traditional Christian marriage “Nature seem[s] to require” and what features are required only according to the Gospel. . Slideshare uses cookies to improve functionality and performance, and to provide you with relevant advertising. All this is “confirmed and enforced by the Holy Scriptures,” Shelford added, citing the famous passages in A couple of generations later, distinguished American jurist W.C. Rodgers opened his oftreprinted treatise on the law of domestic relations with a veritable homily on marriage that made use of arguments based both on nature and what he called the “Divine plan.” In a sense, it is a consummation of the Divine command to “multiply and replenish the earth.” It is the state of existence ordained by the Creator, who has fashioned man and woman expressly for the society and enjoyment incident to mutual companionship. He was a man of pious Puritan upbringing, and he held to traditional biblical teachings throughout his life, even though he later shed some of the more rigorous Anglo-Puritan conventions of his youth. The male part of the species will not undertake the encumbrance, expense, and restraint of married life, if they can gratify their passions at a cheaper price; and they will undertake anything rather than not gratify them.” Fornication furthermore leads to prostitution, Paley went on, with its accompanying degradation of women, erosion of morals, transmission of disease, production of unwanted and uncared for children, and further irregularities and pathos. . . .

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