But we need to have such inquiries made on a more wholesale and

systematic scale. They are no longer of a merely speculative character.

We no longer regard children as the "gifts of God," flung into our

helpless hands; we are beginning to realise that the responsibility is

ours to see that they come into the world under the best conditions,

and at the moments when their parents are best fitted to produce them.

Vaerting proposes that it should be the business of all school

authorities to register the ages of the pupils' parents. This is

scarcely a provision to which even the most susceptible parent could

reasonably object, though there is no cause to make the declaration

compulsory where a "conscientious" objection existed, and in any case

the declaration would not be public. It would be an advantage--though

this might be more difficult to obtain--to have the date of the

parents' marriage, and of the birth of previous children, as well as

some record of the father's standing in his occupation. But even the

ages of the parents alone would teach us much when correlated with the

school position of the pupil in intelligence and in conduct. It is

quite true that there are unavoidable fallacies. We are not, as in the

case of genius, dealing with people whose life-work is complete and

open to the whole world's examination. The good and clever child is not

necessarily the forerunner of the first-class man or woman; and many

capable and successful men have been careless in attendance at lectures

and rebellious to discipline. Moreover, the prejudice and limitations

of the teachers have also to be recognised. Yet when we are dealing

with millions most of these fallacies would be smoothed out. We should

be, once for all, in a position to determine authoritatively the exact

bearing of one of the simplest and most vital factors of the betterment

of the race. We should be in possession of a new clue to guide us in

the creation of the man of the coming world. Why not begin to-day?

[1] He has further discussed the subject in _Die Neue Generation_,

Aug.-Nov., 1914, and in a more recent (1916) pamphlet which I have not

seen.

[2] The reference is to _The Century of the Child_, by Ellen Key, who

writes (English translation, p. 2): "My conviction is that the

transformation of human nature will take place, not when the whole of

humanity becomes Christian, but when the whole of humanity awakens to

the consciousness of the 'holiness of generation.' This consciousness

will make the central work of Society the new race, its origin, its

management, and its education; about these all morals, all laws, all

social arrangements will be grouped."

[3] It is not only ability, but idiocy, criminality and many other

abnormalities which specially tend to appear in the first-born. The

eldest-born represents the point of greatest variation in the family,

and the variation thus yielded may be in either direction, useful or

useless, good or bad. See, _e.g._, Havelock Ellis, _A Study of British

Genius_, pp. 117-120. Sören Hansen, "The Inferior Quality of the

First-born Children," _Eugenics Review_, Oct., 1913.

[4] Marro, _La Pubertà_ (French translation _La Puberté_), Ch. XI.

XV

MARRIAGE AND DIVORCE

We contemplate our marriage system with satisfaction. We remember the

many unquestionable evidences in favour of it, and we marvel that it so

often proves a failure. For while we remember the evidence in favour of

it, we forget the evidence against it, and we overlook the important

fact that our favourable evidence is largely based on the vision of an

abstract or idealised monogamy which fails to correspond to the

detailed and ever varying system which in practice we cherish. We point

to the fact that monogamic marriage has probably flourished throughout

the history of the world, that it exists among savages, even among

animals, but we fail to observe how far that monogamy differs from

ours, even assuming that our monogamy is a real monogamy and not a

disguised polygamy, especially in the fact that it is a free union and

only subject to the inherent penalties that follow its infraction, not

to external penalties. Ours is not free; our faith in its natural

virtues is not quite so firm as we assert; we are always meddling with

it and worrying over its health and anxiously trying to bolster it up.

We are not by any means willing to let it rest on the sanction of its

own natural or divine laws. Our feeling is, as James Hinton used

ironically to express it: "Poor God with no one to help Him!"

The fact is that when we compare our civilised marriage system with

marriage as it exists in Nature, we fail to realise a fundamental

distinction. Our marriage system is made up of two absolutely different

elements which cannot blend. On the one hand, it is the manifestation

of our deepest and most volcanic impulses. On the other hand, it is an

elaborate web of regulations--legal, ecclesiastical, economic--which is

to-day quite out of relation to our impulses. On the one hand, it is a

force which springs from within; on the other hand, it is a force which

presses on us from without.[1] One says broadly that these two elements

of marriage, as we understand it, are out of relation to each other.

But there is an important saving qualification to be made. The inner

impulse is not without law, and the external pressure is not without an

ultimate basis of nature. That is to say, that under free and natural

conditions the inner impulse tends to develop itself, not licentiously

but with its own order and restraints, while, on the other hand, our

inherited regulations are largely the tradition of ancient attempts to

fix and register that natural order and restraint. The disharmony comes

in with the fact that our regulations are traditional and ancient, not

our own attempts to fix and register the natural order but inextricably

mixed up with elements that are entirely alien to our civilised habits

of life. Whatever our attitude towards mediaeval Canon Law may

be--whether reverence or indifference or disgust--it yet holds us and

is ingrained into our marriage system to-day. Canon Law was a good and

vital thing under the conditions which produced it. The survival of

Canon Law to-day, with the antiquated and ascetic conception of the

subordination of women associated with it, is the chief reason why we

in the twentieth century have not yet progressed so far towards a

reasonable system of marriage as the Romans had reached on the basis of

their law, nearly two thousand years ago.[2] Marriage is conditioned

both by inner impulse and outward pressure. But a healthy impulse

bears within it an order and restraint of its own, while a truly moral

outward pressure is based, not on the demands of mediaeval days, but on

the demands of our own day.

How far this is from being the case yet we find well illustrated by our

divorce methods. All our modern culture favour a sense of the

sacredness of the sexual relations; we cherish a delicate reserve

concerning all the intimacies of personal relationship. But when the

magic word "Divorce" is uttered we fling all our civilisation to the

winds, and in the desecrated name of Law we proceed to an inquisition

which scarcely differs at all from those public tests of mediaeval

law-courts which now we dare not venture even to put into words.

It is true that we are not bound to be consistent when it is an

advantage to be inconsistent. And if there were a method in our madness

it would be justified. But there is no method. From first to last the

history of divorce (read it, for instance, in Howard's _Matrimonial

Institutions_) is an ever shifting record of cruel blunders and

ridiculous absurdities. Divorce began in modern times in flagrant

injustice to one of the two partners, the wife, and it has ended--if we

may hope that the end is approaching--in imbecilities that to future

ages will be incredible. For no legal jargon has ever been invented

that will express the sympathies and the antipathies of human

relationship; they even escape the subtlest expression. Law-makers have

tortured their brains to devise formulas which will cover the

legitimate grounds for divorce. How vain their efforts are is

sufficiently shown by the fact that by no chance can they ever agree on

their formulas, and that they are changing them constantly with

feverish haste, dimly realising that they are but the antiquated

representatives of mediaevalism, and that soon their occupation will be

gone for ever.

The reasons for the making or the breaking of human relationships can

never be formulated. The only result of such legal formulas is that

they bring law into contempt because they have to be ingeniously and

methodically cheated in order to adapt them in any degree to civilised

human needs. Thus such laws not only degrade the name of Law, but they

degrade the whole community which tolerates them. There is only one

ultimate reason for either marriage or divorce, and that is that the

two persons concerned consent to the marriage or consent to the

divorce. Why they consent is no concern of any third party, and, maybe,

they cannot even put it into words.

At the same time, let us not forget, marriage and divorce are a very

real concern of the State, and law cannot ignore either. It is the

business of the State to see to it that no interests are injured. The

contract of marriage and the contract of divorce are private matters,

but it is necessary to guard that no injury is thereby done to either

of the contracting persons, or to third parties, or to the community as

a whole. The State may have a right to say what persons are unfit for

marriage, or at all events for procreation; the State must take care

that the weaker party is not injured; the State is especially bound to

watch over the interests of children, and this involves, in the best

issue, that each child shall have two effective parents, whether or not

those parents are living together. A large scope--we are beginning to

recognise--must be left alike to freedom of marriage and freedom of

divorce, but the State must mark out the limits within which that

freedom is exercised.

The loosening hold of the State on marriage is by no means connected

with any growing sense of the value of divorce. At the best, it is

probable that divorce is merely a necessary evil. One of the chief

reasons why we should seek to promote education in relation to sexual

relationships and to inculcate the responsibilities of such

relationships, so making the approach to marriage more circumspect, is

in order to obviate the need for divorce. For divorce is always a

confession of failure. Very often, indeed, it involves not only a

confession of failure in one particular marriage but of failure for

marriage generally. One notes how often the people who fail in a first

marriage fail even more hopelessly in the second. They have chosen the

wrong partners; but one suspects that for them all partners will prove

the wrong partners. One sometimes hears nowadays that a succession of

marriage relationships is desirable in order to develop character. But

that depends on many things. It very much depends on what character

there is to develop. A man may have relationships with a hundred women

and develop much less character out of his experience, and even acquire

a much less intimate knowledge of women, than the man who has spent his

life in an endless series of adventures with one woman. It depends a

good deal on the man and not a little on the woman.

Thus the work of marriage in the world must depend entirely on the

nature of that world. A fine marriage system can only be produced by a

fine civilisation of which it is the exquisite flower. Laws cannot

better marriage; even education, by itself, is powerless, necessary as

it is in conjunction with other influences. The love-relationships of

men and women must develop freely, and with due allowance for the

variations which the complexities of civilisation demand. But these

relationships touch the whole of life at so infinite a number of points

that they cannot even develop at all save in a society that is itself

developing graciously and harmoniously. Do not expect to pluck figs

from thistles. As a society is, so will its marriages be.

[1] It is this artificial and external pressure which often produces a

revolt against marriage. The author of a remarkable paper entitled,

"Our Incestuous Marriage," in the _Forum_ (Dec., 1915), advocates a

reform of social marriage customs "in conformance with the

freedom-loving modern nature," and the introduction of "a fresh

atmosphere for married life in which personality can be made to appear

so sacred and free that marriage will be undertaken and borne as

lightly and gracefully as a secret sin."

[2] See Sir James Donaldson, _Woman: Her Position and Influence in

Ancient Greece and Rome, 1907_; also S.B. Kitchin's excellent _History

of Divorce_, 1912; this author believes that the tendency in modern

civilisation is to return to the simple principles of Roman law

involving divorce by consent. See also Havelock Ellis, _Sex in Relation

to Society_, Ch. X.

XVI

THE MEANING OF THE BIRTH-RATE

The history of educated opinion concerning the birth-rate and its

interpretation during the past seventy years is full of interest. The

actual operative factors--natural, pathological, economic, social, and

educational--in raising or lowering the birth-rate, are numerous and

complicated, and it is difficult to determine exactly how large a part

each factor plays. But without determining that at all, it is still

very instructive to observe the evolution of popular intelligent

opinion concerning the significance of a high and a low birth-rate.

Popular opinion on this matter may be said to have passed through three

stages. I am referring to Western Europe and more particularly to

England and Germany, for it must be remembered that, in this matter,

England and Germany are running a parallel course. England happens to

be, on the whole, a little ahead, having reached its period of full

expansion at a somewhat earlier period than Germany, but each people is

pursuing the same course.

In the first stage--let us say about the middle of the last century and

the succeeding thirty years--the popular attitude was one of jubilant

satisfaction in a high and rising birth-rate. There had been an immense

expansion of industry. The whole world seemed nothing but a great field

for the energetic and industrial nations to exploit. Workers were

needed to keep up with the expansion and to keep down wages to a rate

which would make industrial expansion easy; soldiers and armaments were

needed to protect the movements of expansion. It seemed to the more

exuberant spirits that a vast British Empire, or a mighty Pan-Germany,

might be expected to cover the whole world. France, with its low and

falling birth-rate, was looked down at with contempt as a decadent

country inhabited by a degenerate population. No attempts to analyse

the birth-rate, to ascertain what are really the biological, social,

and economic accompaniments of a high birth-rate, made any impression

on the popular mind. They were drowned in the general shout of

exultation.

That era of optimism was followed by a swift reaction. Towards 1880 the

upward movement of the birth-rate began to be arrested; it soon began

steadily to fall, as it is continuing to do to-day. In France it is

falling slowly, in Italy more rapidly, in England and Prussia still

more rapidly. As, however, the fall began earliest in France, the

birth-rate is lower there than in the other countries named; for the

same reason it is lower in England than in Prussia, although England

stands in this respect at almost exactly the same distance from Prussia

to-day as thirty years ago, the fall having occurred at the same rate

in both countries. It is quite possible that in the future it may

become more rapid in Prussia than in England, for the birth-rate of

Berlin is lower than the birth-rate of London, and urbanisation is

proceeding at a more rapid rate in Germany than in England.

The realisation of such facts as these produced a period of pessimism

which marks the second stage in this evolution. The great movement of

expansion, which seemed to promise so much to ambitious nations anxious

for world-power, was being arrested. Moreover, it began to be realised

that the rapid growth of a community was accompanied by phenomena which

had not been foreseen by the enthusiasts of the first period of

optimism. They had argued--not indeed verbally but in effect--that the

higher the birth-rate the cheaper labour and lives would become, and

the cheaper labour and lives were, the easier it would be for a nation

with its industrial armies and its military armies to get ahead of

other rival nations. But they had not realised that, with the growth of

popular education in modern democratic states, cheap labour is no

longer willing to play without protest this humble and suffering part

in national progress. The workers of the nations began to declare,

clearly or obscurely, as they were able, that they no longer intended

to sell their labour and their lives so cheaply. The rising birth-rate

of the middle of the nineteenth century coincided with, and to a large

extent doubtless produced, the organisation of labour, trades unions,

the political activity of the working classes, Socialism, as well as

the extreme forms of Anarchism and Syndicalism. It was when these

movements began to attain a high degree of organisation and power that

the birth-rate began to decline. Thus the pessimists of the second

period were faced by horrors on both sides. On the one hand, they saw

that the ever-increasing rate of human production which seemed to them

the essential condition of national, social, even moral progress, had

not only stopped but was steadily diminishing. On the other hand, they

saw that, even in so far as it was maintained, it involved, under

modern conditions, nothing but social commotion and economic

disturbance.

There are still many pessimists of this second period alive among us,

and actively proclaiming their gospel of despair, alike in England and

in Germany. But a new generation is growing up, and this question is

now entering a third period. The new generation rejects alike the

passive optimism of the first period and the passive pessimism of the

second period. Its attitude is hopeful but it realises that mere hope

is vain unless there is clear intellectual vision and unless there is

individual and social action in accordance with that vision.

It is to-day beginning to be seen that the old notion of progress by

means of reckless multiplication is vain. It can only be effected at a

ruinous cost of death, disease, poverty, and misery. We see this in the

past history of Western Europe, as we still see it in the history of

Russia. Any progress effected along that line--if "progress" it can be

called--is now barred, for it is absolutely opposed to those democratic

conceptions which are ever gaining greater influence among us.

Moreover, we are now better able to analyse demographic phenomena and

we are no longer satisfied with any crude statements regarding the

birth-rate. We realise that they need interpretation. They have to be

considered in relation to the sex-constitution and the age-constitution

of the population, and, above all, they must be viewed in relation to

the infant mortality-rate. The bad aspect of the French birth-rate is

not so much its lowness as that it is accompanied by a high infantile

mortality. The fact that the German birth-rate is higher than the

English ceases to be a matter of satisfaction when it is realised that

German infantile mortality is vastly greater than English. A high

birth-rate is no sign of a high civilisation. But we are beginning to

feel that a high infantile death-rate is a sign of a very inferior

civilisation. A low birth-rate with a low infant death-rate not only

produces the same increase in the population as a high birth-rate with

the high death-rate, which always accompanies it (for there are no

examples of, a high birth-rate with a low death-rate), but it produces

it in a way which is far more worthy of our admiration in this matter

than the way of Russia and China where opposite conditions prevail.[1]

It used to be thought that small families were immoral. We now begin to

see that it was the large families of old which were immoral. The

excessive birth-rate of the early industrial period was directly

stimulated by selfishness. There were no laws against child-labour;

children were produced that they might be sent out, when little more

than babies, to the factories and the mines to increase their parents'

incomes. The diminished birth-rate has accompanied higher moral

transformation. It has introduced a finer economy into life, diminished

death, disease, and misery. It is indirectly, and even directly,

improving the quality of the race. The very fact that children are born

at longer intervals is not only beneficial to the mother's health, and

therefore to the children's general welfare, but it has been proved to

have a marked and prolonged influence on the physical development of

children.

Social progress, and a higher civilisation, we thus see, involve a

reduced birth-rate and a reduced death-rate; the fewer the children

born, the fewer the risks of death, disease, and misery to the children

that are born. The fact that civilisation involves small families is

clearly shown by the tendency of the educated and upper social classes

to have small families. As the proletariat class becomes educated and

elevated, disciplined to refinement and to foresight--as it were

aristocratised--it also has small families. Civilisational progress is

here in a line with biological progress. The lower organisms spawn

their progeny in thousands, the higher mammals produce but one or two

at a time. The higher the race the fewer the offspring.

Thus diminution in quantity is throughout associated with augmentation

in quality. Quality rather than quantity is the racial ideal now set

before us, and it is an ideal which, as we are beginning to learn, it

is possible to cultivate, both individually and socially. The day is

coming, as Engel remarks in his useful book on _The Elements of Child

Protection_, when fatherhood and motherhood will only be permitted to

the strong. That is why the new science of eugenics or racial hygiene

is acquiring so immense an importance. In the past racial selection has

been carried out crudely by the destructive, wasteful, and expensive

method of elimination, through death. In the future it will be carried

out far more effectively by conscious and deliberate selection,

exercised not merely before birth, but before conception and even

before mating. It is idle to suppose that such a change can be exerted

by mere legislation, for which, besides, our scientific knowledge is

still inadequate. We cannot, indeed, desire any compulsory elimination

of the unfit or any regulated breeding of the fit. Such notions are

idle. Man can only be bred from within, through the medium of his

intelligence and will, working together under the control of a high

sense of responsibility. Galton, who recognised the futility of mere

legislation to elevate the race, believed that the hope of the future

lay in eugenics becoming a part of religion. The good of the race lies,

not in the production of a super-man, but of a super-humanity. This can

only be attained through personal individual development, the increase

of knowledge, the sense of responsibility towards the race, enabling

men to act in accordance with responsibility. The leadership in

civilisation belongs not to the nation with the highest birth-rate but

to the nation which has thus learnt to produce the finest men and

women.

[1] For a more detailed discussion of these points see the author's

_Task of Social Hygiene_.

XVII

CIVILISATION AND THE BIRTH-RATE

It was inevitable that the Great War of to-day should lead to an

outcry, in all the countries engaged, for more children and larger

families. In Germany and in Austria, in France and in England,

panic-stricken fanatics are found who preach to the people that the

birth-rate is falling and the nation is decaying. No scheme is too wild

for the supposed benefit of the country in a fierce coming fight for

commercial supremacy, as well as with due regard to the requirements in

cannon fodder of another Great War twenty years hence.

It may be well, however, to pause before we listen to these Quixotic

plans.[1] We may then find reason to think, not only that any attempt

to arrest the falling birth-rate is scarcely likely to be effective in

view of the fact that it affects not one country only but all the

countries that count, but that even if it could be successful it would

be mischievous. Whatever the results of the War may be, one result

is fairly certain and that is that, under the most favourable

circumstances, every country will emerge laden with misery and debt;

whatever prosperity may follow, living will be expensive for a long

time to come and the incomes of all classes heavily burdened. A Bounty

on Babies would hardly make up for these difficulties. The happy

family, under the conditions that seem to be immediately ahead of us,

is likely to be the small family. The large family--as indeed has been

the case in the past--is likely to be visited by disease and death.

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