Mulieris Dignitatem and the Exclusivity of Marriage under Law

By Bromberg, Howard | Ave Maria Law Review, Spring 2010 | Go to article overview

Mulieris Dignitatem and the Exclusivity of Marriage under Law


Bromberg, Howard, Ave Maria Law Review


Jesus Christ established monogamy, the marriage of one man to one woman, as the canonical norm of his church and the juridical norm for all nations. (1) This was a unique event in the history of the cultures and religions of the world. The Catholic Church has always defended its canonical norm of monogamy, often with great opposition. (2) Through its influence, monogamy has been established as law in the Western world and in almost all cultures influenced by Western law and norms. (3) The emerging jurisprudence of the United States, however, rejects any religious derivation as the basis of our laws. With that rejection, how can our laws affirming monogamy--our laws against polygamy--survive on a principled basis?

Jesus lifted marriage to its most sublime level. He declared it indissoluble and reserved it to the union of one man and one woman. As illustrated in the Gospel of Matthew:

   [Jesus] answered, "Have you not read that he who made them from the
   beginning made them male and female, and said, 'For this reason a
   man shall leave his father and mother and be joined to his wife,
   and the two shall become one'? So they are no longer two but one.
   What therefore God has joined together, let no man put asunder."
   (4)

Building on the initial commandment in Genesis 2:24, this is a starting and unique command. (5) It is a misconception, held by many people, that societies and religions have long been monogamous and that a religion like Islam, which permits a man to take up to four wives, is an exception. (6) In fact, the reverse is true. It is difficult to find a strict juridical norm against polygamy anywhere in the history of the world other than in the Christian religion and nations it has influenced. Polygamy--marriage of a man to two or more women, often referred to under the specific term "polygyny"--was widespread in cultures in Africa, Asia, pre-Columbian America, Polynesia, and early Europe. (7) As recently as the twentieth century, to take the most prominent examples, kings in Africa, the King of Thailand, emperors of China and their chief officials, and other figures of great stature boasted numerous wives or consorts who enjoyed the status of lesser wives under the law. (8) It is true that Greek and Roman civilizations, the foundation of Western culture, did not favor polygamy, and as the power and sophistication of Rome grew, it found polygamy to be a relic of barbarism. (9) But neither Roman law nor Roman religion strictly forbade polygamy as a moral or juridical norm, and concubinage was widely accepted. (10) A quick review of the lives of such noble Romans as Julius Caesar and Mark Antony shows the Romans' relaxed standards in regard to their leaders taking more than one wife, if done for political reasons and with discretion. (11)

The history of religion tells a similar story. As noted, Islam not only permits polygamy, but according to some scholars it encourages it--up to a limit of four wives. (12) The Prophet Muhammad, who was granted the privilege of having an even greater number of wives, is taken as the exemplar of virtue by Muslims. (13) Hinduism and Confucianism have little negative to say about polygamy, and Buddhism is seemingly indifferent to it. (14) Polygamy was practiced in ancient Israel with biblical authority. (15) The Hebrew patriarchs had multiple wives, and Leah and Rachel, both wives of Jacob, are classified as matriarchs. (16) While the Jewish religion in Christian countries has not allowed polygamy, the rabbinical tradition cannot unequivocally condemn a marital practice that is permitted in the Torah. The fixed rule against polygamy in post-biblical Western Judaism is attributed as much to external Christian law as developing Jewish norms. (17) In Muslim countries that have permitted polygamy, it has always been practiced by some Jewish men without conflict with their religious strictures. (18)

Pope John Paul II's apostolic letter Mulieris Dignitatem shows what is to be made of this history of marriage. …

The rest of this article is only available to active members of Questia

Already a member? Log in now.

Notes for this article

Add a new note
If you are trying to select text to create highlights or citations, remember that you must now click or tap on the first word, and then click or tap on the last word.
One moment ...
Default project is now your active project.
Project items

Items saved from this article

This article has been saved
Highlights (0)
Some of your highlights are legacy items.

Highlights saved before July 30, 2012 will not be displayed on their respective source pages.

You can easily re-create the highlights by opening the book page or article, selecting the text, and clicking “Highlight.”

Citations (0)
Some of your citations are legacy items.

Any citation created before July 30, 2012 will labeled as a “Cited page.” New citations will be saved as cited passages, pages or articles.

We also added the ability to view new citations from your projects or the book or article where you created them.

Notes (0)
Bookmarks (0)

You have no saved items from this article

Project items include:
  • Saved book/article
  • Highlights
  • Quotes/citations
  • Notes
  • Bookmarks
Notes
Cite this article

Cited article

Style
Citations are available only to our active members.
Buy instant access to cite pages or passages in MLA, APA and Chicago citation styles.

(Einhorn, 1992, p. 25)

(Einhorn 25)

1. Lois J. Einhorn, Abraham Lincoln, the Orator: Penetrating the Lincoln Legend (Westport, CT: Greenwood Press, 1992), 25, http://www.questia.com/read/27419298.

Cited article

Mulieris Dignitatem and the Exclusivity of Marriage under Law
Settings

Settings

Typeface
Text size Smaller Larger Reset View mode
Search within

Search within this article

Look up

Look up a word

  • Dictionary
  • Thesaurus
Please submit a word or phrase above.
Print this page

Print this page

Why can't I print more than one page at a time?

Help
Full screen

matching results for page

    Questia reader help

    How to highlight and cite specific passages

    1. Click or tap the first word you want to select.
    2. Click or tap the last word you want to select, and you’ll see everything in between get selected.
    3. You’ll then get a menu of options like creating a highlight or a citation from that passage of text.

    OK, got it!

    Cited passage

    Style
    Citations are available only to our active members.
    Buy instant access to cite pages or passages in MLA, APA and Chicago citation styles.

    "Portraying himself as an honest, ordinary person helped Lincoln identify with his audiences." (Einhorn, 1992, p. 25).

    "Portraying himself as an honest, ordinary person helped Lincoln identify with his audiences." (Einhorn 25)

    "Portraying himself as an honest, ordinary person helped Lincoln identify with his audiences."1

    1. Lois J. Einhorn, Abraham Lincoln, the Orator: Penetrating the Lincoln Legend (Westport, CT: Greenwood Press, 1992), 25, http://www.questia.com/read/27419298.

    Cited passage

    Thanks for trying Questia!

    Please continue trying out our research tools, but please note, full functionality is available only to our active members.

    Your work will be lost once you leave this Web page.

    Buy instant access to save your work.

    Already a member? Log in now.

    Author Advanced search

    Oops!

    An unknown error has occurred. Please click the button below to reload the page. If the problem persists, please try again in a little while.