Marriage: Social Institution, Legal Definitions, and Kinship Systems

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The Institution of Marriage: Definitions and Functions

Defining the Marital Bond

Marriage is a social institution that establishes a marital bond among its members. This bond is socially recognized, either legally or through custom.

Legal and Social Obligations

Marriage establishes a series of obligations and rights between spouses and, in many cases, also between their families of origin. These rights and obligations are typically set by law and vary depending on the society.

Furthermore, marriage can legitimize the affiliation of children born to its members, according to the rules of the prevailing kinship system.

Perspectives on Marriage

As an institution that is extremely widespread globally, though not universal, the definition of marriage is a subject studied by different disciplines.

The Western Legal View

From the standpoint of Western law, marriage is defined as a union of two people aimed at establishing a family. Key historical considerations include:

  • Traditional Requirement: Until recently, an essential element of this definition was the requirement that both parties be of the opposite sex.
  • Modern Modification: This requirement has been modified recently due to the introduction of same-sex marriage in several jurisdictions.

The Anthropological View of Kinship

Based on ethnographic information gathered from various societies, the anthropology of kinship defines marriage more broadly. It is seen as the union of two or more persons. Its primary functions include:

  1. Legitimizing a woman's offspring.
  2. Establishing partnership relations between the kin groups of its members.

While often serving heterosexual roles, this definition encompasses various forms, including same-sex unions in certain cultural contexts.[1]

Civil vs. Religious Marriage

Marriage can be categorized as civil or religious. The rights, duties, and requirements associated with marriage differ depending on the governing law or religious tradition.

It is important to note that not all societies distinguish between civil marriage and religious marriage; this distinction is primarily valid in the West. Until less than two centuries ago, religious marriage, often considered a sacrament, was the sole recognized form.

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