O._ The right of the state in regard to the family._

233. The rights of husband over wife and father over children are

_(a)_ like that of property in being rights against all the world,

_(b)_ unlike it in being rights over _persons_, and therefore

reciprocal

234. The latter characteristic would be expressed by German writers

by saying that both the 'subject' and the 'object' of these rights

are persons

235. Three questions about them: (1) What makes man capable of family

life? (2) How does it come to have rights? (3) What ought the form of

those rights to be?

236. (1) The family implies the same effort after permanent

self-satisfaction as property, together with a permanent interest in

a particular woman and her children

237. The capacity for this interest is essential to anything which

can be rightly called family life, whatever lower forms of life may

historically have preceded it

238. (2) The rights of family life arise from the mutual recognition

of this interest by members of the same clan (in which the historical

family always appears as an element)

239. Its development has been in the direction _(a)_ of giving _all_

men and women the right to marry, _(b)_ of recognising the claims of

husband and wife to be _reciprocal_. Both these imply monogamy

240. Polygamy excludes many men from marriage and makes the wife

practically not a wife, while it also prevents real reciprocity of

rights both between husband and wife and between parents and children

241. The abolition of slavery is another essential to the development

of the true family life, in both the above respects

242. (3) Thus the _right_ (as distinct from the _morality_) of family

life requires _(a)_ monogamy, _(b)_ duration through life, _(c)_

terminability on the infidelity of husband or wife

243. Why then should not adultery be treated as a crime? Because

(unlike other violations of right) it is generally in the public

interest that it should be condoned if the injured person is willing

to condone it

244. Nor would the higher purposes of marriage be served by making

infidelity penal, for they depend on disposition, not on outward acts

or forbearances

245. All that the state can do, therefore, is to make divorce for

adultery easy, and to make marriage as serious a matter as possible

246. _(b)_ Should divorce be allowed except for adultery? Sometimes

for lunacy or cruelty, but not for incompatibility, the object of the

state being to make marriage a 'consortium omnis vitae'.

Lectures on the Principles of Political Obligation Reprinted from Green's Philosophical Works, vol. II., with Preface by Bernard Bosanquet · 第 29 / 48 题