Historian of law and religion John Witte, Jr. describes four models of marriage in the Western Christian tradition that have had an important impact on early marriage, divorce, and family law in the United States.
1) Within Roman Catholic tradition, marriage has been understood as a sacrament that, while a natural and contractual association of a man and a woman for the purposes of propagation, childrearing, and companionship, is primarily a spiritual union that brings grace to the couple and to those touched by their marriage. Such marriages might be annulled, but they can not be dissolved by divorce.
The three major streams of magisterial Protestantism each in turn rejected Catholic sacramentalism, but often borrowed many particulars from Catholic canon law.
2) Lutheranism stressed that the Christian life shares in two kingdoms, an earthly, political one and a spiritual, heavenly one. Marriage is a natural and civil institution, and thus both marriage and divorce are earthly, public acts that involve the judge, the magistrate, and the priest. In turn,
3) Calvinism stressed marriage as a covenant that involves the whole community--parents, witnesses, the minister, and the magistrate. As an act that shares in the creation, marriage has in mind the spiritual and moral well-being of the couple and of their children. God is a part of every covenant. Even though divorce might become necessary in cases in which the covenant has been broken, it is a serious undertaking, and it must encounter a large number of barriers to prevent easy suits.
4) Anglicanism pictured marriage as a little commonwealth in which the serious covenant with one's spouse serves not only to teach the couple the moral and spiritual virtues, but also to act as a "seedbed and seminary" for the local church, polity, and community in these virtues. Divorce was almost entirely prohibited in this tradition.
Arising in the 18th century, the Enlightenment view of marriage was often to void the sacramental and covenantal assumptions about marriage for purely contractual ones representing a voluntary bargain between two persons with agreed-upon terms and time limits. This view argued for the removal of conditions of parental consent, community witness, or ecclesiastical blessing. While these notions only marginally made their presence known in the U.S. during the 19th century, by the mid-20th century they became more and more predominant with divorce becoming easier and easier to obtain, especially after the rise of no-fault divorce and more fluid definitions of marriage and consensual relationships.
What does this brief history have to teach us about the nature of marriage, divorce, and family law? Any thoughts?
To answer your question, one thing that is clear is that our understanding of marriage and divorce has evolved along with the evolution of our understanding of the individual, the society, and God.
ReplyDeleteI find this issue interesting not only in relation to individual v community, but also in relation to the sacramental nature of the act which you have brought up.
You know, I really hadn't intended with this post to post another test case on the individual vs. community issue, but it strikes me that you are spot on here. Hmmmm..... much to think about.
ReplyDeleteFrom that angle I just couldn't help but see that the deterioration of the seeing marriage as a covenental act certainly has to be related with the greater stress on the individual in the modern society. I have no knowledge of how permanent the marriage was viewed, say, in 1600s in Europe, but my instinct is that it was viewed as much more permanent than it is now.
ReplyDeleteOne thing I think the earlier views show is how marriage is a form of social and religious capital. Permenant and long-lasting marriages are assests to the community and to the public good in general. Marriage was understood--and in the Christian worldview I would insist still is understood--as a pact made with the community and the Church.
ReplyDeleteKristin and I made a vow in the presence of witnesses because we pledged a large complex about our lives and its future that impact greatly those around us. Marriage is a contract, but it is far more--a covenant and a sacrament (at least in the broadest sense of that term--a place where grace is encountered).