25. The Rational Right of Marriage.
For, this natural commercium- as a usus membrorum sexualium
alterius- is an enjoyment for which the one person is given up to
the other. In this relation the human individual makes himself a
res, which is contrary to the right of humanity in his own person.
This, however, is only possible under the one condition, that as the
one person is acquired by the other as a res, that same person also
equally acquires the other reciprocally, and thus regains and
reestablishes the rational personality. The acquisition of a part of
the human organism being, on account of its unity, at the same time
the acquisition of the whole person, it follows that the surrender and
acceptation of, or by, one sex in relation to the other, is not only
permissible under the condition of marriage, but is further only
really possible under that condition. But the personal right thus
acquired is, at the same time, real in kind; and this characteristic
of it is established by the fact that if one of the married persons
run away or enter into the possession of another, the other is
entitled, at any time, and incontestably, to bring such a one back
to the former relation, as if that person were a thing.
26. Monogamy and Equality in Marriage.
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