F1009 The Formation of Marriage. Interaction of Law, Culture and Religion

A brief introductory part will outline the meaning and function of marriage in the history of mankind, including the dramatic changes in the definition and role of marriage, which are caused by the social, cultural and political upheavals of the 20th century. What are the functions of marriage formation rules in particular? To what extent are they affected by the social and ideological changes in our contemporary world?

The second chapter will concentrate on the major players in society who claim competence to influence or regulate marriage formation: The secular state; the various religions ( and their specific concept of marriage); the families of the prospective spouses; and the spouses themselves.

These general observations lead to a core problem of marriage law: the freedom of individuals to choose their partner and to marry (Chap. III). This freedom was by no means self-evident in former times, but is nowadays recognized in most civilized countries and a fundamental human right in public International Law. Reality, though, may show a different picture, especially in times of mass migration and religious fundamentalism.

Chap. IV will discuss in detail the traditional requirements for a valid marriage and their actual importance: the personal conditions of a prospective spouse( Who may marry?: age, physical and mental health, no conflicting marriage bond) and restrictions on the choice of partner ( Who may marry whom?: consanguinity, affinity, differences in religion, race, gender, etc).

Similar to Chap.III (supra), Chap.V will provide a close-up view of another fundamental problem of marriage law: polygamy. This is not as universal a principle today as one might think. Already previous times have known several exceptions to the rule of monogamy, and in modern times polygamy gains new significance in the light of global migration and ideological questioning (“ plural marriage”).

Chap.VI will deal in detail with the formalities of marriage conclusion. The first step are the preliminary control mechanisms.  The subject of official scrutiny in particular( free and real consensus; lack of impediments; health issues) will be discussed as well as a means of control ( public banns; public license; official control and registration). The second step is the marriage ceremony itself: The course will introduce the students to some of the most important procedures of marriage formation  (secular marriage; various religious procedures; private marriage ceremonies; informal marriage), and the problems resulting from the coexistence of such procedures in a given society.

The course will end with a brief survey of the consequences of defective marriage formation and will indicate the not yet settled move from nullity towards divorce (Chap.VII).

Learning Outcomes
The course aims at giving the students a better and detailed understanding of marriage  - a social institution as old as mankind.  The students should learn what marriage has meant an early societies, and what it means today in different cultures, religions, and states.

But, at the same time, marriage serves only as an example to learn about the different  ”players” in a given society ( state, religion, family, individuals), their specific interests and their strategies to pursue their goals, and, finally, their struggle for competence and dominance in ruling an area considered to be at the very heart of private and social life .

Finally, the course is intended to impart some general knowledge about history, religions, and law.