The "past predictable principal means" regarding the legal sanctity of marriage refers to the historical and traditional understanding of marriage as a legally defined status with specific, often unequal, rights and obligations for the individuals involved. This understanding was heavily influenced by concepts like coverture, where a wife's legal identity was subsumed under her husband's. Historically, marriage was more than a contract between two individuals; it was a social institution with legal consequences for the couple, their children, and the state.
Here's a breakdown of the key aspects:
Contract and Status:
Marriage is both a contract (requiring mutual agreement to enter) and a status (defined by legal rules and obligations).
Historical Context:
The legal framework of marriage has evolved significantly, with historical roots in doctrines like coverture, where a wife's legal rights were largely subsumed by her husband.
Unequal Obligations:
Historically, the legal consequences of marriage often placed unequal burdens and benefits on men and women, with men often having greater financial and legal responsibilities.
Evolving Roles:
While the legal landscape has changed to recognize more equal roles within marriage, the historical framework continues to influence modern discussions about marital rights and responsibilities, including financial support and parental rights.
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