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From the principle thus stated； it also follows that concubinage
is as little capable of being brought under a contract of right as the
hiring of a person on any one occasion； in the way of a pactum
fornicationis。 For； as regards such a contract as this latter relation
would imply； it must be admitted by all that any one who might enter
into it could not be legally held to the fulfillment of their
promise if they wished to resile from it。 And as regards the former； a
contract of concubinage would also fall as a pactum turpe； because
as a contract of the hire （locatio； conductio）； of a part for the
use of another； on account of the inseparable unity of the members
of a person； any one entering into such a contract would be actually
surrendering as a res to the arbitrary will of another。 Hence any
party may annul a contract like this if entered into with any other；
at any time and at pleasure； and that other would have no ground； in
the circumstances； to complain of a lesion of his right。 The same
holds likewise of a morganatic or 〃left…hand〃 marriage； contracted
in order to turn the inequality in the social status of the two
parties to advantage in the way of establishing the social supremacy
of the one over the other； for； in fact； such a relation is not really
different from concubinage； according to the principles of natural
right； and therefore does not constitute a real marriage。 Hence the
question may be raised as to whether it is not contrary to the
equality of married persons when the law says in any way of the
husband in relation to the wife； 〃he shall be thy master；〃 so that
he is represented as the one who commands； and she is the one who
obeys。 This； however； cannot be regarded as contrary to the natural
equality of a human pair； if such legal supremacy is based only upon
the natural superiority of the faculties of the husband compared
with the wife； in the effectuation of the common interest of the
household； and if the right to command is based merely upon this fact。
For this right may thus be deduced from the very duty of unity and
equality in relation to the end involved。
27。 Fulfillment of the Contract of Marriage。
The contract of marriage is completed only by conjugal cohabitation。
A contract of two persons of different sex； with the secret
understanding either to abstain from conjugal cohabitation or with the
consciousness on either side of incapacity for it； is a simulated
contract； it does not constitute a marriage； and it may be dissolved
by either of the parties at will。 But if the incapacity only arises
after marriage； the right of the contract is not annulled or
diminished by a contingency that cannot be legally blamed。
The acquisition of a spouse； either as a husband or as a wife； is
therefore not constituted facto… that is； by cohabitation… without a
preceding contract； nor even pacto… by a mere contract of marriage；
without subsequent cohabitation； but only lege； that is； as a
juridical consequence of the obligation that is formed by two
persons entering into a sexual union solely on the basis of a
reciprocal possession of each other； which possession at the same time
is only effected in reality by the reciprocal usus facultatum
sexualium alterius。
Title II。 Parental Right。 （Parent and Child）。
28。 The Relation of Parent and Child。
From the duty of man towards himself… that is； towards the
humanity in his own person there thus arises a personal right on the
part of the members of the opposite sexes； as persons； to acquire
one another really and reciprocally by marriage。 In like manner；
from the fact of procreation in the union thus constituted； there
follows the duty of preserving and rearing children as the products of
this union。 Accordingly； children； as persons； have； at the same time；
an original congenital right… distinguished from mere hereditary
right… to be reared by the care of their parents till they are capable
of maintaining themselves； and this provision becomes immediately
theirs by law； without any particular juridical act being required
to determine it。
For what is thus produced is a person； and it is impossible to think
of a being endowed with personal freedom as produced merely by a
physical process。 And hence； in the practical relation； it is quite
a correct and even a necessary idea to regard the act of generation as
a process by which a person is brought without his consent into the
world and placed in it by the responsible free will of others。 This
act； therefore； attaches an obligation to the parents to make their
children… as far as their power goes… contented with the condition
thus acquired。 Hence parents cannot regard their child as； in a
manner； a thing of their own making； for a being endowed with
freedom cannot be so regarded。 Nor； consequently； have they a right to
destroy it as if it were their own property； or even to leave it to
chance； because they have brought a being into the world who becomes
in fact a citizen of the world； and they have placed that being in a
state which they cannot be left to treat with indifference； even
according to the natural conceptions of right。
We cannot even conceive how it is possible that God can create
free beings； for it appears as if all their future actions； being
predetermined by that first act； would be contained in the chain of
natural necessity； and that； therefore； they could not be free。 But as
men we are free in fact； as is proved by the categorical imperative in
the moral and practical relation as an authoritative decision of
reason； yet reason cannot make the possibility of such a relation of
cause to effect conceivable from the theoretical point of view；
because they are both suprasensible。 All that can be demanded of
reason under these conditions would merely be to prove that there is
no contradiction involved in the conception of a creation of free
beings； and this may be done by showing that contradiction only arises
when； along with the category of causality； the condition of time is
transferred to the relation of suprasensible things。 This condition；
as implying that the cause of an effect must precede the effect as its
reason； is inevitable in thinking the relation of objects of sense
to one another； and if this conception of causality were to have
objective reality given to it in the theoretical bearing； it would
also have to be referred to the suprasensible sphere。 But the
contradiction vanishes when the pure category； apart from any sensible
conditions； is applied from the moral and practical point of view； and
consequently as in a non…sensible relation to the conception of
creation。
The philosophical jurist will not regard this investigation； when
thus carried back even to the ultimate principles of the
transcendental philosophy； as an unnecessary subtlety in a
metaphysic of morals； or as losing itself in aimless obscurity； when
he takes into consideration the difficulty of doing justice in this
inquiry to the ultimate relations of the principles of right。
29。 The Rights of the Parent。
From the duty thus indicated； there further necessarily arises the
right of the parents to the management and training of the child； so
long as it is itself incapable of making proper use of its body as
an organism； and of its mind as an understanding。 This involves its
nourishment and the care of its education。 This includes； in
general； the function of forming and developing it practically； that
it may be able in the future to maintain and advance itself； and
also its moral culture and development； the guilt of neglecting it
falling upon the parents。 All this training is to be continued till
the child reaches the period of emancipation （emancipatio）； as the age
of practicable self…support。 The parents then virtually renounce the
parental right to command； as well as all claim to repa