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others, especially when the couple were acquainted before marriage. It is extremely probable that in primitive man marriage only lasted till the birth of a child, or at the most a few years. With civilization the duration of marriage has been prolonged, higher motives having become added to bodily charms, sexual appetite and the instinct of procreation, and tending toward more lasting unions. Moral reasons have given rise to laws of protection in marriage, but the mania which man possesses of dogmatizing on everything has often caused these laws to degenerate into abuse or religious absurdities. In this way the modern form of our Christian monogamy has been imposed by a tyrannical dogma of the Roman Church; a dogma which no doubt started from an ideal point of view, but fell into disuse in practice, owing to the fact that it did not take sufficient account of the natural conditions and sexual requirements of the race. This explains the present tendency to greater legal liberty, even when the moral causes which tend to render monogamous unions durable multiply with the progress of civilization. HISTORY OF EXTRA-CONJUGAL SEXUAL INTERCOURSE As monogamous marriage exists among the anthropoid apes, we have every reason to believe that it existed with primitive man. In neither case has it been the result of artificial laws, but the result of brute force and congenital instincts inherited by natural evolution. It often happened that one male vanquished another and took possession of the female, or wife, of the vanquished. Others abducted the female by surprise. Later on, marriage by exchange or by purchase, derived from marriage by rape, probably constituted the first stage toward a legal monogamous or polygamous union, as an element in the most primitive human conventional organizations. In this way we can imagine the main points of the prehistoric evolution of marriage. When the conception of marriage took on a legal character, either that of possession by the male, or that of a more or less equitable contract between the two sexes, we can easily imagine that sexual intercourse apart from marriage resulted as an inevitable complement. Every artificial barrier which the human mind opposes to natural instincts immediately gives rise to a movement of opposition on the part of the latter. The matrimonial laws of primitive or semi-civilized races punished adultery in the most barbarous manner by torture and death, b
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