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Anthropologists have proposed several competing definitions of marriage so as to encompass the wide variety of marital practices observed across

cultures.[4] In his book The History of Human Marriage (1921), Edvard Westermarck defined marriage as "a more or less durable connection between
male and female lasting beyond the mere act of propagation till after the birth of the offspring." [5] In The Future of Marriage in Western Civilization
(1936), he rejected his earlier definition, instead provisionally defining marriage as "a relation of one or more men to one or more women that is
recognised by custom or law".[6]The anthropological handbook Notes and Queries (1951) defined marriage as "a union between a man and a woman
such that children born to the woman are the recognized legitimate offspring of both partners." [7] In recognition of a practice by the Nuer of Sudan
allowing women to act as a husband in certain circumstances, Kathleen Gough suggested modifying this to "a woman and one or more other
persons."[8]Edmund Leach criticized Gough's definition for being too restrictive in terms of recognized legitimate offspring and suggested that
marriage be viewed in terms of the different types of rights it serves to establish. Leach expanded the definition and proposed that "Marriage is a
relationship established between a woman and one or more other persons, which provides that a child born to the woman under circumstances not
prohibited by the rules of the relationship, is accorded full birth-status rights common to normal members of his society or social stratum" [9] Leach
argued that no one definition of marriage applied to all cultures. He offered a list of ten rights associated with marriage, including sexual monopoly
and rights with respect to children, with specific rights differing across cultures. [10]

Duran Bell also criticized the legitimacy-based definition on the basis that some societies do not require marriage for legitimacy, arguing that in
societies where illegitimacy means only that the mother is unmarried and has no other legal implications, a legitimacy-based definition of marriage is
circular. He proposed defining marriage in terms of sexual access rights. [4]

Etymology

The modern English word "marriage" derives from Middle English mariage, which first appears in 1250–1300 C.E. This in turn is derived from Old
French marier (to marry) and ultimately Latin marītāre (to marry) and marītus (of marriage).[11]

HISTORY OF MARRIAGE

It is very hard to be able to establish a true date on the first marriages although the Old Testament in the Bible does mention a little about marriage as
it was considered a family and household affair. The oldest male relative was the caretaker of the girls and the prospective husband would ask the
father for the girl after first bringing him gifts to win his approval. The mother was dominated by the father and had no choice in the matter. The
father would transfer the daughter to the prospective husband in public as this showed that he approved this transfer and that the groom had the
father's approval. After this transfer the bride and groom ate a meal together with the families and then the groom took the bride home. In the Old
Testament of the Bible there is no mention of a formal exchange of vows or of a preacher or priest being present at this union.

In the time of the Roman Empire (17 B.C.- A.D. 476) the lower classes who became Christians later had common law or free marriages. The father
would deliver the bride and the agreement of the two was called a consensus to wed. Then eventually as Christianity spread the church interpreted a
"free" marriage as a conscience marriage. This agreement meant that each partner was to keep the marriage vows and the marriage intact.

There were Romans who were very wealthy who would sign documents consisting of listing property rights and letting all know that they wanted this
union to be legalized and not to be thought of as a common law marriage. Thus this began the official recording of marriages as we
do today. Roman men could dissolve the marriage any time as it was a male privilege, not one accorded to females.

In A.D. 527-565 during the rein of Justinian lawyers drew up laws called the Justinian Code and this was a regulation of their daily life including
marriage. Up until the time of the Justinian Code just saying you were married was enough.

Until the ninth century marriages were not church involved. Up until the twelfth century there were blessings and prayers during the ceremony and
the couple would offer their own prayers. Then priests asked that an agreement be made in their presence. Then religion was added to the ceremony.

English weddings in the thirteenth century among the upper class became religious events but the church only blessed the marriage and did not want
a legal commitment. In 1563 the Council of Trent required that Catholic marriages be celebrated at a Catholic church by a priest and before two
witnesses. By the eighteenth century the wedding was a religious event in all countries of Europe.

In Colonial times in North America the customs of the old countries were followed. There were some who only wanted a civil ceremony and not a
religious ceremony. The Colonists who wanted civil marriages passed laws to this effect.

Civil magistrates would perform marriage ceremonies and they would even include prayers in the ceremony.

Viriginia was a colony that stayed with the customs of the church and did not permit anyone to have a civil marriage ceremony as they followed the
Church of England. By the end of the eighteenth century both religious and civil marriage ceremonies were legal in American.

In European countries today, civil marriage ceremonies are legal as in America. Even in England

the couple can choose to have either a religious or civil ceremony.

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