Lord Stowell on Marriage Natural, Civil, Religious

Regarding Roger Scruton’s quarrel with Paul Griffiths about the relation of marriage to the state, Lord Stowell’s analysis in Dalrymple v Dalrymple seems very apposite:

Marriage in its origin is a contract of natural law; it may exist between two individuals of different sexes although no third person existed in the world, as happened in the case of the common ancestors of mankind. It is the parent not the child of civil society. In civil society, it becomes a civil contract regulated and prescribed by law and endowed with civil consequences. In most civilized countries, acting under a sense of the force of sacred obligations, it has had the sanctions of religion superadded; it then becomes a religious, as well a natural and civil, contract; for it is a great mistake to suppose that because it is the one, therefore it may not likewise be the other. Heaven itself is made a party to the contract and the consent of the individuals pledged to each other is ratified and consecrated by a vow to God.

Next
YOU MIGHT ALSO LIKE

Natural Law Needs Revelation

Peter J. Leithart

Natural law theory teaches that God embedded a teleological moral order in the world, such that things…

Letters

Glenn C. Loury makes several points with which I can’t possibly disagree (“Tucker and the Right,” January…

Visiting an Armenian Archbishop in Prison

Joel Veldkamp

On February 3, I stood in a poorly lit meeting room in the National Security Services building…