29. Marriage and the Law

This was not always the case. No more than a century ago, even by

American law, the most sentimental in the world, the husband was the

head of the family firm, lordly and autonomous. He had authority over

the purse-strings, over the children, and even over his wife. He could

enforce his mandates by appropriate punishment, including the corporal.

His sovereignty and dignity were carefully guarded by legislation, the

product of thousands of years of experience and ratiocination. He was

safeguarded in his self-respect by the most elaborate and efficient

devices, and they had the support of public opinion.

Consider, now, the changes that a few short years have wrought. Today,

by the laws of most American states—laws proposed, in most cases, by

maudlin and often notoriously extravagant agitators, and passerby

sentimental orgy—all of the old rights of the husband have been

converted into obligations. He no longer has any control over his

wife’s property; she may devote its income to the family or she may

squander that income upon idle follies, and he can do nothing. She has

equal authority in regulating and disposing of the children, and in the

case of infants, more than he. There is no law compelling her to do her

share of the family labour: she may spend her whole time in cinema

theatres or gadding about the shops as she will. She cannot be forced

to perpetuate the family name if she does not want to. She cannot be

attacked with masculine weapons, e.g., fists and firearms, when she

makes an assault with feminine weapons, e.g., snuffling, invective and

sabotage. Finally, no lawful penalty can be visited upon her if she

fails absolutely, either deliberately or through mere incapacity, to

keep the family habitat clean, the children in order, and the victuals

eatable.

Now view the situation of the husband. The instant he submits to

marriage, his wife obtains a large and inalienable share in his

property, including all he may acquire in future; in most American

states the minimum is one-third, and, failing children, one-half. He

cannot dispose of his real estate without her consent; he cannot even

deprive her of it by will. She may bring up his children carelessly and

idiotically, cursing them with abominable manners and poisoning their

nascent minds against him, and he has no redress. She may neglect her

home, gossip and lounge about all day, put impossible food upon his

table, steal his small change, pry into his private papers, hand over

his home to the Periplaneta americana, accuse him falsely of

preposterous adulteries, affront his friends, and lie about him to the

neighbours—and he can do nothing. She may compromise his honour by

indecent dressing, write letters to moving-picture actors, and expose

him to ridicule by going into politics—and he is helpless.

Let him undertake the slightest rebellion, over and beyond mere

rhetorical protest, and the whole force of the state comes down upon

him. If he corrects her with the bastinado or locks her up, he is good

for six months in jail. If he cuts off her revenues, he is incarcerated

until he makes them good. And if he seeks surcease in flight, taking

the children with him, he is pursued by the gendarmerie, brought back

to his duties, and depicted in the public press as a scoundrelly

kidnapper, fit only for the knout. In brief, she is under no legal

necessity whatsoever to carry out her part of the compact at the altar

of God, whereas he faces instant disgrace and punishment for the

slightest failure to observe its last letter. For a few grave crimes of

commission, true enough, she may be proceeded against. Open adultery is

a recreation that is denied to her. She cannot poison her husband. She

must not assault him with edged tools, or leave him altogether, or

strip off her few remaining garments and go naked. But for the vastly

more various and numerous crimes of omission—and in sum they are more

exasperating and intolerable than even overt felony—she cannot be

brought to book at all.

The scene I depict is American, but it will soon extend its horrors to

all Protestant countries. The newly enfranchised women of every one of

them cherish long programs of what they call social improvement, and

practically the whole of that improvement is based upon devices for

augmenting their own relative autonomy and power. The English wife of

tradition, so thoroughly a femme covert, is being displaced by a

gadabout, truculent, irresponsible creature, full of strange new ideas

about her rights, and strongly disinclined to submit to her husband’s

authority, or to devote herself honestly to the upkeep of his house, or

to bear him a biological sufficiency of heirs. And the German Hausfrau,

once so innocently consecrated to Kirche, Kuche und Kinder, is going

the same way.

In Defense of Women · 第 37 / 58 题