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CHIEFLY IN ENGLAND AND THE UNITED STATES WITH AN INTRODUCTORY ANALYSIS OF THE LITERATURE AND THE THEORIES OF PRIMITIVE MARRIAGE AND THE FAMILY
PROFESSORIAL LECTURER IN THE UNIVERSITY OF CHICAGO AUTHOR OF "LOCAL CONSTITUTIONAL HISTORY OF THE UNITED STATES"
CHICAGO THE UNIVERSITY OF CHICAGO PRESS CALLAGHAN & COMPANY
LONDON T. FISHER UNWIN, PATERNOSTER SQUARE 1904
HER HUSBAND DEDICATES THIS BOOK IN GRATEFUL RECOGNITION OF HER AID IN MAKING IT
ANALYSIS OF THE LITERATURE AND THE THEORIES OF PRIMITIVE MATRIMONIAL INSTITUTIONS
II. Criticism of the Theory by Spencer and McLennan 14-17
III. The Theory in the Light of Recent Research 18-32
CHAPTER II. THEORY OF THE HORDE AND MOTHER-RIGHT 33-89
III. McLennan's Constructive Theory 77-89
CHAPTER III. THEORY OF THE ORIGINAL PAIRING OR MONOGAMOUS FAMILY 89-151
IV. The Problem of the Successive Forms of the Family 132-151
CHAPTER IV. RISE OF THE MARRIAGE CONTRACT 152-223
I. Wife-Capture and the Symbol of Rape 156-179
II. Wife-Purchase and Its Survival in the Marriage Ceremony 179-201
III. The Antiquity of Self-Betrothal or Free Marriage 201-210
IV. Primitive Free Marriage Surviving with Purchase, and the Decay of the Purchase-Contract 210-223
CHAPTER V. EARLY HISTORY OF DIVORCE 224-250
III. The Legal Effects of Divorce 241-247
CHAPTER VI. OLD ENGLISH WIFE-PURCHASE YIELDS TO FREE MARRIAGE 253-286
I. The Primitive Real Contract of Sale and Its Modifications 258-276
II. Rise of Free Marriage: Self-_Beweddung_ and Self-_Gifta_ 276-286
CHAPTER VII. RISE OF ECCLESIASTICAL MARRIAGE: THE CHURCH ACCEPTS THE LAY CONTRACT AND CEREMONIAL 287-320
I. The Primitive Christian Benediction, the Bride-Mass, and the Celebration _ad Ostium Ecclesiae_ 291-308
II. The Priest Supersedes the Chosen Guardian, and _Sponsalia per Verba de Praesenti_ Are Valid 308-320
CHAPTER VIII. RISE OF ECCLESIASTICAL MARRIAGE: THE CHURCH DEVELOPS AND ADMINISTERS MATRIMONIAL LAW 321-363
I. The Early Christian Doctrine and the Rise of the Canonical Theory 324-340
II. Clandestine Marriages the Fruit of the Canonical Theory 340-349
III. The Evils of the Spiritual Jurisdiction 351-359