The Evolution Of Monogamy: From Custom To Law

Monogamy has a long and complex history, with its roots stretching back to ancient civilisations. While it is difficult to pinpoint exactly when monogamy became law, there is evidence that it was enforced in Babylonian law from at least 1754 BCE, as outlined in the Code of Hammurabi. Ancient Greece and Rome also embraced monogamy, with laws prohibiting men from having more than one official wife at a time. However, it is worth noting that these societies still tolerated forms of de-facto polygamy, such as concubinage and sex with slaves.

The spread of Christianity further promoted the idea of monogamy, and by the time it gained influence in the Roman Empire during the first centuries AD, monogamy was already well-established. As Christianity expanded its influence, it embraced and spread the concept of monogamy throughout the Western world.

In more recent times, monogamy has been legally enforced in various countries, with Japan outlawing polygamy in 1880, China in 1953, India in 1955, and Nepal in 1963. Today, monogamy is the norm in most developed countries, and the women's rights movement continues to advocate for it as the only legal form of marriage.

Monogamy was enforced in Babylonian law from at least 1754 BC

Monogamy was a legal requirement in ancient Babylon, as evidenced by the Code of Hammurabi, which dates back to at least 1754 BC. This code outlined the rules and expectations for marriage in Mesopotamian society, and while it allowed for polygyny, particularly among royalty, it established monogamy as the standard for most citizens.

In ancient Babylon, marriage was a legal contract between the father of a bride and a groom, or between two families, serving as the foundation of the community. While romantic love played a role in some Mesopotamian marriages, the primary purpose of marriage was procreation to ensure the continuation of the family line and provide social stability.

According to the Code of Hammurabi, a man was expected to marry one woman, and if she could not bear him children, he could take a second wife with her consent. However, the second wife was considered a "slave girl" in relation to the first wife and had a lower status. The first wife often had a say in choosing the second wife, and it was her responsibility to ensure that the second wife fulfilled her duties. If the second wife was added due to the first wife's infertility, any children born to the second wife would become the legal offspring of the first wife and could inherit and carry on the family name.

While the Code of Hammurabi allowed for polygyny in certain circumstances, it also included strict laws and penalties to discourage infidelity and promote monogamy. For example, a suitor who changed his mind about a betrothal would forfeit his deposit and bride price, and if the father of the bride changed his mind, he had to pay double the bride price to the disappointed suitor. Additionally, if a rival suitor influenced the father's decision, he was not allowed to marry the daughter. These laws helped maintain the stability of marriages and encouraged monogamy by making it difficult to dissolve betrothals or engage in extramarital affairs without significant consequences.

In conclusion, monogamy was enforced in Babylonian law from at least 1754 BC, as evidenced by the Code of Hammurabi. While there were exceptions and complexities, particularly regarding royalty and infertility, the code established monogamy as the expected norm for marriages in ancient Babylon.

Greco-Roman laws prohibited any man from having more than one official wife at a time

Monogamy, derived from the Greek "monos" (one) and "gamos" (marriage), refers to a relationship between two individuals who form an exclusive partnership. This term is used to describe the behavioural ecology and sexual selection of animal mating systems, referring to the state of having only one mate at any given time.

In the Greco-Roman context, laws prohibited men from having more than one official wife at a time. However, this did not preclude the practice of de-facto polygamy, such as concubinage and sex with slaves. Despite these exceptions, anti-polygamy laws contributed to the relative sexual egalitarianism of Greco-Roman society. By preventing elite men from legally acquiring multiple wives, these laws improved the ability of lower-ranking men to find wives.

In Ancient Greece, monogamy was always the norm, as evidenced by the Odyssey, one of the oldest Greek works. Greek law varied across different city-states, but there is no specific written law forbidding polygamy.

In Ancient Rome, polygamy was legal until the reign of Constantine, the first Christian emperor, in 320 AD. The first Roman law forbidding polygamy stated: "No married man may have a concubine during the existence of his marriage." While Roman citizens could only have one spouse at a time, they were allowed to divorce and remarry. This practice of prescriptive monogamy co-existed with male resource polygyny, where powerful men had a principal wife and several secondary sexual partners.

The adoption of monogamy in Greco-Roman society may be attributed to the relative egalitarianism of democratic and republican political systems in city-states. Monogamy also facilitated interfamilial alliances, as it allowed families to build economic and political bonds through marriage. Additionally, monogamy was embraced by early Christianity, which added its own teaching of sexual monogamy and perpetuated this ideal in later Western cultures.

The first Roman law forbidding polygamy was established in 320 AD

The institution of monogamy has been a cornerstone of Western society for centuries, and its legal enforcement has a long and complex history. One of the critical milestones in this journey was the first Roman law forbidding polygamy, which was established in 320 AD. This law marked a significant shift in the Empire's social and family dynamics and set a precedent that would influence future legal systems in the West.

By the time this law was enacted, the Roman Empire was already well-established and had a long history of cultural influences from various conquered regions, including Greece and the Near East. Polygamy, while not the norm, had been practiced by some of the Roman elite, particularly those influenced by Eastern cultures where having multiple wives was more common. However, with the rise of Christianity and its emphasis on monogamy, the social landscape began to change.

The law established in 320 AD was a direct response to the changing social mores of the time. It was part of a broader set of laws known as the "Codex Theodosianus," enacted by Emperor Constantine, who was the first Christian emperor. These laws reflected the increasing influence of Christian values on Roman society and sought to align the legal system with the moral principles of the religion.

The prohibition of polygamy in 320 AD carried significant implications for the structure of Roman families and the status of women. It reinforced the idea that marriage should be a monogamous union between one man and one woman, solidifying the concept of the nuclear family as the ideal societal unit. This law also contributed to the empowerment of women, as it granted them a level of legal protection and ensured they could not be treated as one of many wives with diminished rights and status.

The enforcement of this law varied across the vast Roman Empire, and it is important to note that it did not immediately eradicate the practice of polygamy. However, it set a critical legal precedent and provided a framework for future laws that would further solidify monogamy as the societal norm in the West. This first step towards legally enforcing monogamy played a pivotal role in shaping the family dynamics and social values that continue to influence Western cultures today.

In conclusion, the establishment of the first Roman law forbidding polygamy in 320 AD represents a pivotal moment in the history of monogamy as a legal institution. It reflects the increasing influence of Christian values on Roman society and set the stage for the enduring tradition of monogamous marriage in the Western world. This law, enacted by Emperor Constantine, contributed to the shaping of family structures, the empowerment of women, and the solidification of the nuclear family as the ideal societal unit. While the enforcement of this law may have faced challenges across the vast empire, it nonetheless stands as a significant milestone in the journey towards making monogamy a legal requirement.

Monogamy was re-established in the West by the Church

The Church's enforcement of monogamy was driven by the belief that it would ensure greater reproductive fitness for themselves and their offspring. By limiting the number of socially and legally recognised wives, the Church could ensure that wealth and power were passed down to the oldest son of a legitimate marriage. This would prevent the dilution of wealth that would occur if it were divided among multiple heirs.

The Church also recognised the societal benefits of monogamy, which include reducing crime rates, improving gender equality, and increasing paternal investment in children. Monogamy reduces the pool of unmarried men, who are more likely to engage in criminal activities such as robbery, rape, and murder. It also decreases the spousal age gap and fertility rates, leading to greater parental investment in children.

The spread of Christianity and the influence of the Church played a significant role in re-establishing monogamy in the West. However, it is important to note that the process was gradual and faced resistance, especially from wealthy and powerful men who benefited from polygamy.

Monogamy became the norm in Japan, China, India, and Nepal in the 19th and 20th centuries

Monogamy has been the norm for humans for millions of years, though it fell out of favour around 10,000 years ago. In the last few hundred years, however, it has once again become the norm for most societies.

In Japan, polygamy was outlawed in 1880. This was part of a broader shift towards social monogamy, which was also occurring in other Eurasian societies from Ireland to Japan. In Japan, this shift was also influenced by the introduction of intensive plough agriculture, which was associated with private property and nuclear families.

China criminalised polygamy in 1950, or 1953 according to one source. The newly-formed Communist government established monogamy as the only legal form of marriage, with free choice of partner, equal rights for both sexes, and the protection of women's interests and rights.

India outlawed polygamy in 1955.

Nepal was the last of these four countries to criminalise polygamy, doing so in 1963.

It is worth noting that, despite monogamy being the norm in these societies, extra-pair paternity rates are not zero. Extra-pair paternity refers to offspring raised by a monogamous pair that come from the female mating with another male.

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