Or indeed, it is the merely positive, arbitrary enactment of a civil or ecclesiastical precept, which is not only indifferent to the nature of marriage, but also in so far as the emotions are inclined by this precept to attach a value to the formal conclu sion of marriage and to regard it as a condition which must be fulfilled before the partners can commit themselves totally to each other brings disunity into the disposition of love and, as an alien factor, runs counter to the inwardness of this union.