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172

Through a marriage a new family constitutes itself, which is something self-subsistent for itself over against the stocks or houses from which it proceeded; the connection with these has natural blood relationship as its basis, but the new family has ethical love [as its basis]. The property of an individual therefore also stands in essential connection with his marital relationship, and only in a more remote connection with his stock or house.

Marriage settlements, insofar as they contain a limitation on the community of goods of the spouses, the arrangement of an ongoing legal representation for the wife, and the like, have, to that extent, the sense of being directed against the case of the separation of the marriage through natural death, divorce, and so on, and of being attempts at securement, whereby, in such a case, the several members are preserved their share in what is held in common.

DE

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2 responses to “172”

  1. Hegel (Notes) Avatar
    Hegel (Notes)

    True relation in general – community of goods. – Woman and man make up a completely independent family. The woman shall leave father and mother and cleave to the man – as [in] the Bible, this [is] true.
    The Roman relation [is] bad – the falling back of the wife’s property to her family – even if she already had children –
    But finitude, – the possibility of separation – contingency, particularity – the husband a squanderer, husband or wife becomes isolated –

  2. Eduard Gans (Additions) Avatar
    Eduard Gans (Additions)

    In many legal systems the wider extent of the family is upheld, and this is regarded as the essential bond, while by contrast the other [bond], belonging to each particular family, appears of lesser [importance]. Thus in the older Roman law the wife of the free marriage stood in a closer relation to her relatives than to her children and her husband, and in the times of feudal law the preservation of the splendor familiae made it necessary that only the male members be counted as belonging to it, and that the whole of the family should count as the main thing, while the newly formed [family], by contrast, vanished [from view]. Nevertheless every new family is the more essential [element] as against the wider connection of blood relationship, and spouses and children form the proper core, as opposed to what is, in a certain sense, also called family. The property relation of individuals must therefore have a more essential connection with marriage than with the wider blood relationship.

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