
Philosophy of Right - Volume 5
Rights in the Family
Contents
Section One - Conjugal Society
| The nature of conjugal society |
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The concept of the two natural societies structured for the unification of the human race, according to the Creator's plan |
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The relationship between theocratic and conjugal society |
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In its first institution, the human race was to have been a single, divine-human society |
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In conjugal society there is a union common to all human beings and a union proper to the two sexes |
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The first element of conjugal society, the fullness of union common to all human beings |
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The second element of conjugal society, the fullness of union proper to the two sexes |
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Three kinds of inevitable variations in the condition of human bodies - first: natural defects which per se lessen the union; their remedy |
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The second kind of natural variations: accidental limitations of nature, which can lessen or increase the union |
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The third kind of difference: various conditions integral to human nature |
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The union proper to the two sexes |
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Three classes of affections of animal origin in the human being |
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The nature of sexual union |
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Sexual union is an act of the soul |
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The union of the sexes is a mutual communication of life |
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The ordering of marriage to sexual union is the specific difference distinguishing it from other unions |
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Generation, effect of the sexual union |
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Inconfusability of persons |
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Conclusion |
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| The act placing conjugal society in being |
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Conjugal society is placed in being through a contract |
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The object of the marriage contract is not arbitrary, but determined by nature It is the full union described above |
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Nature of the consent forming marriage |
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Distinction between marriage and the use of marriage |
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The distinction between marriage and the fulfilment of marital obligations |
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| Christian marriage is a sacrament |
| Necessary conditions for placing conjugal society in being |
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Impediments in general |
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Diriment impediments |
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Diriment impediments which render the conjugal union null |
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Impotence |
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Relationship |
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Relationship in the direct line |
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The fact |
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Analysis of the fact |
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Relationship in the transversal line |
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Affinity |
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Adoption |
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Spiritual relationship |
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Impediments which render the contract null |
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Lack of ownership of what is alienated |
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Bond |
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Vow of chastity |
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Lack of knowledge of what is acquired |
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Lack of freedom |
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Impediments which remove the matter of the sacrament |
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Lack of religious faith |
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Laws of the Church |
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Disparity of cult |
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Affinity and public decency |
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Clandestinity |
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Crime |
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| Duties and rights of spouses |
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The spouses considered as a single person and as two jural persons |
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The double series of rights and duties of spouses: individual and social |
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COMMON and DISTINCTIVE rights and duties of spouses |
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Common rights and duties |
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Duties and rights concerning the conjugal union |
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Indissolubility |
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The triple reason for indissolubility |
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The nature and force of the triple indissolubility |
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The extent of the difference between the indissolubility of ratified and of consummated marriage |
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Reprehensible customs contrary to indissolubility: concubinage and divorce |
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Concubinage |
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Divorce |
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The principles regulating the law on marriage in the Napoleonic Code |
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The unicity of the spouses |
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Marriage must be between one man and one woman |
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Demonstrated from the notion of marriage |
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Demonstrated by the analysis of the phenomenon of jealousy |
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Demonstrated by the duty of fidelity |
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Reprehensible practices opposed to the unicity of the spouses: polyandry and polygamy |
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Delicate feelings concerning the unicity of the spouses |
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Cohabitation |
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Community of acquired goods |
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Duties and rights relative to the order befitting union |
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Duties of the spouses relative to the exercise of part of the union common to all human beings |
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Duties of spouses relative to the exercise of the union proper to them, that is, sexual union |
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Principal duties |
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Parents' influence on their offspring |
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The distinctive rights and duties of spouses |
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Summary of the rights and duties of spouses as equal but numerically distinct persons |
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Distinctive rights and duties |
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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 |
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The second title of prevalence of the husband: the proximate end of conjugal society, mutual satisfaction |
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The nature of the husband's superiority and the wife's subjection |
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The limits of the husband's superiority and of the wife's subjection |
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| The two systems which alter the relationships of superiority and dutiful subjection between spouses |
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The principle of SERVITUDE considered in its relationship with domestic society |
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Immoral effects of servitude before or outside marriage |
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Immoral and unjust effects of servitude in marriage |
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The principle of absolute equality considered in domestic society |
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| Sanction of the wife's rights in the state of nature |
Section 2 - Parental Society