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On the other hand, if the union proves unhappy, it is not reasonable to insist on the continuation for ten or even five years of an empty form which corresponds to no real marriage union. Even if marriage is placed on the most prosaic contractive basis it is a mistake, and indeed an impossibility, to pre-ordain the length of its duration.
This conception of marriage as a contract still enjoys a considerable amount of credit amongst us. There must always be contractive elements, implicit or explicit, in a marriage; that was well recognized even by the Canonists.
It was somewhat more adapted to modern needs, but it retained much of the rigidity of the Catholic marriage without its sacramental character, and it never made any attempt to become more than nominally contractive. It has been of the nature of an incongruous compromise and has represented a transitional phase towards free private marriage.
And the forms of the cumuli themselves tell us in manifold metamorphoses of a state of equilibrium between expansive and contractive tendencies within the atmosphere.
He does not look a subject for this kind of thing, and yet he is in the extreme stage of hypnotism. You see." And the doctor, by sundry tests and applications, showed the peculiar exhausted and contractive condition of the muscles. "It is very curious." "Perhaps," said the other, "he has been " and he hesitated. "Been what?" asked Lefevre, turning on him his keen look. "Enjoying himself."
The Canon law conception of the abstract religious sanctity of matrimony, when transferred to the moral sphere, makes a breach of the marriage relationship seem a public wrong; the conception of the contractive subordination of the wife makes such a breach on her part, and even, by transference of ideas, on his part, seem a private wrong.
The contractive view, which still largely persists even to-day, speedily took over much of the Canon law doctrines of marriage, becoming in practice a kind of reformed and secularized Canon law.
Its disappearance and its substitution by private arrangements, effected on their contractive sides, especially if there are children to provide for, under legal and if necessary judicial supervision, is, and always has been, the natural result of the attainment of a reasonably high stage of civilization.
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