In ancient Greece marriage was seen as a fundamental social institution. Indeed, the great lawgiver Solon once contemplated making marriage compulsory, and in Athens under Pericles bachelors were excluded from certain important public positions. Sparta, while encouraging sexual relationships between men, nevertheless insisted on their marrying and producing children. Single and childless men were treated with scorn.
However, while marriage was deemed important, it was usually treated as a practical matter without much romantic significance. A father arranged the most advantageous marriage for his son and then had a contract signed before witnesses. Shortly thereafter a wedding celebration was held and the young couple (who might never have met before) was escorted to bed. All marriages were monogamous. As a rule, the bridegroom was in his thirties and the bride was a teenager. In addition to this disparity in ages there also existed an inequality in education and political rights. Women were considered inferior to men and remained confined to the home. Their main function as wives was to produce children and to manage the household while their husbands tended to public affairs. For their erotic needs, men often turned to prostitutes and concubines. As Demosthenes, the orator, explained it: "We have prostitutes for our pleasure, concubines for our health, and wives to bear us lawful offspring." Many men also cultivated intense emotional and sexual relationships with male adolescents (paiderastia). The legal inequality of the sexes was further reflected in the divorce regulations. It was always easier for a husband to divorce his wife than vice versa. However, since a divorced woman could take her dowry back with her, men normally asked for a divorce only in cases of female adultery and infertility.
The marriage laws and customs of ancient Rome are not easily summarized, because they were rather varied and underwent significant changes in the course of time. Still, without simplifying the issue too much, one may say that marriage and divorce were always personal, civil agreements between the participants and did not need the stamp of governmental or religious approval. Early in Roman history, a husband had considerable power over his wife and children, whom he could punish, sell, or even kill as he saw fit. However, eventually women came to enjoy a better legal position and gained more and more control over their lives and property. Thus, in imperial times husband and wife approached marriage as equals. Yet it seems that there was also a decline in marriage and birth rates, since the emperor Augustus found it necessary to pass drastic laws compelling people to marry and penalizing those who remained single. There were several forms of marriage, the first of which (by usus) involved no ceremony at all. It was established simply by the couple's living together for one year. Divorce was just as informal. A more formal kind of marriage (by coemptio) began with a ceremony in front of witnesses and was also dissolved with a ceremony. Members of the upper classes usually preferred an elaborate ceremony and thus married by confarreatio in front of ten witnesses and a priest. In the case of a divorce, another great ceremony was required. However, all three forms of marriage and divorce were equally valid. All marriages were monogamous. Both men and women usually entered their first marriage in their late teens.
While the Romans tolerated prostitution and concubinage, and had no qualms about homosexual relationships, their marriage laws were remarkably fair to women and thus greatly contributed to their emancipation.
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