Rosmini Pelican

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Philosophy of Right - Volume 5

Rights in the Family
Contents

Foreword

Introduction

Section One - Conjugal Society

Chapter 1

The nature of conjugal society

 

Article 1

The concept of the two natural societies structured for the unification of the human race, according to the Creator's plan

 

Article 2

The relationship between theocratic and conjugal society

 

Article 3

In its first institution, the human race was to have been a single, divine-human society

 

Article 4

In conjugal society there is a union common to all human beings and a union proper to the two sexes

 

 

§1

The first element of conjugal society, the fullness of union common to all human beings

 

 

§2

The second element of conjugal society, the fullness of union proper to the two sexes

 

 

 

A

Three kinds of inevitable variations in the condition of human bodies - first: natural defects which per se lessen the union; their remedy

 

 

 

B

The second kind of natural variations: accidental limitations of nature, which can lessen or increase the union

 

 

 

C

The third kind of difference: various conditions integral to human nature

 

Article 5

The union proper to the two sexes

 

 

§1

Three classes of affections of animal origin in the human being

 

 

§2

The nature of sexual union

 

 

 

A

Sexual union is an act of the soul

 

 

 

B

The union of the sexes is a mutual communication of life

 

 

§3

The ordering of marriage to sexual union is the specific difference distinguishing it from other unions

 

Article 6

Generation, effect of the sexual union

 

Article 7

Inconfusability of persons

 

Article 8

Conclusion

Chapter 2

The act placing conjugal society in being

 

Article 1

Conjugal society is placed in being through a contract

 

Article 2

The object of the marriage contract is not arbitrary, but determined by nature It is the full union described above

 

Article 3

Nature of the consent forming marriage

 

Article 4

Distinction between marriage and the use of marriage

 

Article 5

The distinction between marriage and the fulfilment of marital obligations

Chapter 3

Christian marriage is a sacrament

Chapter 4

Necessary conditions for placing conjugal society in being

 

Article 1

Impediments in general

 

Article 2

Diriment impediments

 

 

§1

Diriment impediments which render the conjugal union null

 

 

 

A

Impotence

 

 

 

B

Relationship

 

 

 

 

I

Relationship in the direct line

 

 

 

 

 

a)

The fact

 

 

 

 

 

b)

Analysis of the fact

 

 

 

 

II

Relationship in the transversal line

 

 

 

 

III

Affinity

 

 

 

 

IV

Adoption

 

 

 

 

V

Spiritual relationship

 

 

§2

Impediments which render the contract null

 

 

 

A

Lack of ownership of what is alienated

 

 

 

 

I

Bond

 

 

 

 

II

Vow of chastity

 

 

 

B

Lack of knowledge of what is acquired

 

 

 

C

Lack of freedom

 

 

§3

Impediments which remove the matter of the sacrament

 

 

 

A

Lack of religious faith

 

 

 

B

Laws of the Church

 

 

 

 

I

Disparity of cult

 

 

 

 

II

Affinity and public decency

 

 

 

 

III

Clandestinity

 

 

 

 

IV

Crime

Chapter 5

Duties and rights of spouses

 

Article 1

The spouses considered as a single person and as two jural persons

 

Article 2

The double series of rights and duties of spouses: individual and social

 

Article 3

COMMON and DISTINCTIVE rights and duties of spouses

 

Article 4

Common rights and duties

 

 

§1

Duties and rights concerning the conjugal union

 

 

 

A

Indissolubility

 

 

 

 

I

The triple reason for indissolubility

 

 

 

 

II

The nature and force of the triple indissolubility

 

 

 

 

III

The extent of the difference between the indissolubility of ratified and of consummated marriage

 

 

 

 

IV

Reprehensible customs contrary to indissolubility: concubinage and divorce

 

 

 

 

 

a)

Concubinage

 

 

 

 

 

b)

Divorce

 

 

 

 

V

The principles regulating the law on marriage in the Napoleonic Code

 

 

 

B

The unicity of the spouses

 

 

 

 

I

Marriage must be between one man and one woman

 

 

 

 

 

a)

Demonstrated from the notion of marriage

 

 

 

 

 

b)

Demonstrated by the analysis of the phenomenon of jealousy

 

 

 

 

 

c)

Demonstrated by the duty of fidelity

 

 

 

 

II

Reprehensible practices opposed to the unicity of the spouses: polyandry and polygamy

 

 

 

 

III

Delicate feelings concerning the unicity of the spouses

 

 

 

C

Cohabitation

 

 

 

D

Community of acquired goods

 

 

§2

Duties and rights relative to the order befitting union

 

 

 

A

Duties of the spouses relative to the exercise of part of the union common to all human beings

 

 

 

B

Duties of spouses relative to the exercise of the union proper to them, that is, sexual union

 

 

 

 

I

Principal duties

 

 

 

 

II

Parents' influence on their offspring

 

Article 5

The distinctive rights and duties of spouses

 

 

§1

Summary of the rights and duties of spouses as equal but numerically distinct persons

 

 

§2

Distinctive rights and duties

 

 

 

A

The first title of prevalence of the husband: the feeling proper to man, but not woman, which urges him to be head of a line 

 

 

 

B

The second title of prevalence of the husband: the proximate end of conjugal society, mutual satisfaction

 

 

§3

The nature of the husband's superiority and the wife's subjection

 

 

§4

The limits of the husband's superiority and of the wife's subjection

Chapter 6

The two systems which alter the relationships of superiority and dutiful subjection between spouses

 

Article 1

The principle of SERVITUDE considered in its relationship with domestic society

 

 

§1

Immoral effects of servitude before or outside marriage

 

 

§2

Immoral and unjust effects of servitude in marriage

 

Article 2

The principle of absolute equality considered in domestic society

Chapter 7

Sanction of the wife's rights in the state of nature

Section 2 - Parental Society

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