CHAPTER IV

WOMAN AND MARRIAGE

I

Perhaps the most pronounced conventional distinction between the sexes

is made in their relation to marriage. For man, marriage is regarded as

a state; for woman, as a vocation. For man, it is a means of ordering

his life and perpetuating his name, for woman it is considered a proper

and fitting aim of existence. This conventional view is yielding before

the changing attitude of women toward themselves; but it will be long

before it ceases to colour the instinctive attitude of the great

majority of people toward women. It is because of the usual assumption

that marriage is woman’s special province, that I have discussed its

general aspect somewhat at length before considering its relation to

women in particular. This assumption, I may remark, has been justified

expressly or by implication by all those advocates of freedom for

women who have assured the world that woman’s “mission” of wifehood

and motherhood would be better fulfilled rather than worse through an

extension of her rights. If we imagine the signers of the Declaration

of Independence, in place of proclaiming the natural right of all men

to life, liberty, and the pursuit of happiness, arguing with King

George that a little more freedom would make them better husbands and

fathers, we shall imagine a pretty exact parallel for this kind of

argument on behalf of the emancipation of women.

The belief that marriage and parenthood are the especial concern of

women is rooted in the idea that the individual exists for the sake of

the species. Biologically, this is of course true; but it is equally

true of male and female. Among primitive peoples, where individuation

has not progressed as far as among more highly civilized peoples, this

idea still prevails in regard to both sexes. Among these peoples the

man who must remain unmarried and childless is considered quite as

unfortunate as the woman who suffers the same fate. Among civilized

peoples, on the other hand, where individuation has progressed

farthest, it is not usual to look upon the male as existing solely

for the species; but it is usual for the female to be so regarded,

because, having had less freedom than the male, she has not been

able to assert to the same extent her right to live for herself. The

one-sided view that the future of the race depends solely on women

has curious results: a nation may send the best of its male youth

to be destroyed in war without overmuch anxiety being manifested in

any quarter over the effect of this wholesale slaughter upon future

generations; but if the idea of enlisting women in military service

be so much as broached, there is an immediate outcry about the danger

to posterity that such a course would involve. Yet it requires only a

moderate exercise of intelligence to perceive that if there must be

periodic slaughter it would be better, both for the survivors and for

posterity, if the sexes were to be slaughtered in equal numbers; and

more especially is this true, for obvious reasons, where monogamy is

the accepted form of marriage. Again, although it is extremely hard to

get laws passed to protect men from the hazards of industry, the laws

designed to protect women--_i.e._, posterity--which have been passed

at the instance of reformers and social workers, already constitute a

serious handicap to women workers in their necessary competition with

men in the labour-market. Yet every child must have two parents, and

certainly unfitness or disability in the father must have a bad effect

upon his offspring, even though it be less harmful than unfitness or

disability in the mother.

The view of woman as a biological function might be strongly defended

on the ground of racial strength if that function were respected and

she were free in discharging it. But it is not respected and she is

not free. The same restrictions that have kept her in the status

of a function have denied her freedom and proper respect even in

the exercise of that function. Motherhood, to be sure, receives a

great deal of sentimental adulation, but only if it is committed in

accordance with rules which have been prescribed by a predominantly

masculine society. _Per se_ it is accorded no respect whatever. When

it results from a sexual relationship which has been duly sanctioned

by organized society, it is holy, no matter how much it may transgress

the rules of decency, health, or common sense. Otherwise it is a sin

meriting social ostracism for the mother and obloquy for the child--an

ostracism and an obloquy, significantly enough, in which the father

does not share.

The motives behind the universal condemnation of extra-legal

motherhood are various and complex; but I believe it is safe to say

that the strongest is masculine jealousy. Motherhood out of wedlock

constitutes a defiance of that theory of male proprietorship on which

most societies are based; it implies on the part of woman a seizure

of sexual freedom which, if it were countenanced, would threaten the

long-established dominance of the male in sexual matters, a dominance

which has been enforced by imposing all manner of unnatural social and

legal disabilities upon women, such, for example, as the demand for

virginity before marriage and chastity after it. The woman who bears

an illegitimate child violates one of these two restrictions. On the

other hand, the man who begets an illegitimate child violates no such

restriction, for society demands of him neither virginity nor chastity;

therefore he is not only not punished by social ostracism, but he is

often protected by law from being found out.[20]

The fact that paternity may so easily be doubtful furnishes a strong

motive for the attempt to enforce chastity upon women; but that this

is not so potent as the idea of male proprietorship is evident from

the practice which exists in many primitive societies, and appears

formerly to have existed in Europe, of lending wives to visitors, as a

mark of hospitality. Adultery thus imposed on a woman by her husband

is not only regarded as quite proper, but the children that may result

are considered his legitimate offspring. The superstitious notion

that a woman’s honour is a matter of sex, and that she can not be

considered virtuous if her sex-life is not conducted in accordance with

regulations imposed by organized society, also has something to do with

the disgrace that attaches to illegitimate motherhood; but of course

this superstition itself has its source in masculine dominance. Indeed,

there is no need to emphasize the fact that the whole mass of taboo and

discrimination arrayed against the unwedded mother and her child is the

direct result of the subjection of women; for in a society where women

dominated--or even where they were the equals of men--illegitimacy

would either not exist at all, or its consequences would be made to

bear either upon the father or upon both parents equally. This may

seem an extravagant statement in view of the harshness with which

women themselves are prone to treat the unmarried mother. But it should

not be forgotten that women are what the procrustean adaptations of a

factitious morality have made them. They have been taught to believe

that motherhood out of wedlock is a cardinal sin, and the value and

fragility of reputation have been effective hindrances to any impulse

of lenience toward the sinner. Their attitude, moreover, has been

tinged with a feeling that may be termed professional. Marriage has

been, generally speaking, the only profession open to them; their

living and their social position have depended on it, and still do in

great measure; therefore the woman who commits a sexual irregularity

acts unprofessionally, somewhat as the trader who smuggles wares into

a tariff ridden country and undercuts his competitors. The position

of the unmarried mother is analogous to that of the married mother

in certain societies of which I have already spoken, whose children

are considered illegitimate because she has not been bought. Even the

prostitute, although she is a social outcast, is sooner tolerated,

because while prostitution, like marriage, has been established on a

commercial basis, it is a non-competing institution. It does not impair

the economic value of the “virtuous” woman’s chief asset. Prostitution

is condoned as a protective concession to the postulated sexual needs

of men; the prostitute has been justified, and even praised in a

back-handed way, as “the most efficient guardian of virtue”;[21] that

is to say, of the arbitrary restraints on women which pass for virtue

in a society where woman is the repository of morality. Illegitimacy,

on the other hand, or at least that large share of it which implies a

fall from conventional virtue, is an embarrassing suggestion of sexual

need in woman. Therefore, it is a disturbing phenomenon, intimating

as it does to virtuous women that the duplex morality to which their

freedom is sacrificed is unnatural and unworkable.

There is a sense, of course, in which extra-legal motherhood is, if

not sinful, at least unjust. The mother knows that the child she bears

out of wedlock will be forced, although innocent, to share with her

in the world’s displeasure at her defiance of conventional taboo,

and that the sneers of its legitimately born playmates may have a

blighting effect upon its spiritual development. She knows also,

unless she be well-to-do or especially well qualified to earn, that

her child will be at a disadvantage from the start in the matter of

livelihood and education unless the father be willing--or required

by law--to contribute to its support. There is likely to be a grim

consistency in legal injustices. Sometimes the denial of one right

makes expedient the denial of another, as when the poor, having been

reduced by legalized privilege to want and squalor, are legally

deprived of the alcohol with which they increase their wretchedness

in an attempt to find forgetfulness of their misery. The denial to

women of economic opportunity has made expedient denial of freedom in

performing the function of motherhood. Men, having enjoyed a virtual

monopoly of earning power, have been regarded as the natural providers

for women and children; therefore a woman has been required to get

a legal provider before she could legally get a child; and if one

accepted her legal disabilities without questioning their justice,

this restraint might appear quite justifiable. This may be taken as an

argument for weakness or wantonness in the unmarried mother. If so, it

must certainly apply with equal force to the unmarried father--with

double force indeed, for he knows that his act will not only add to the

difficulties, numerous enough under the best circumstances, that his

child will have to contend with, but that it means social ostracism for

the mother. Thus every illegitimate child, as society is at present

constituted, is the victim not only of social but of parental injustice.

It is hardly necessary to discuss further the economic aspects of

the question. In a society where economic opportunity is pretty well

monopolized by men, the task of the mother with children to support

is, as I have shown in the preceding chapter, extremely difficult; and

it may even be rendered impossible where the disgrace of unmarried

motherhood decreases such comparatively slight opportunity as industry,

even now, offers a woman. The effect of this disability shows clearly

in any comparison of the death-rates among legitimate and illegitimate

babies. The rate among illegitimate children is often twice as high as

that among children born in wedlock. Truly marriage is an invaluable

protection to motherhood and childhood in a society which denies them

any other.

Instead of joining in the universal condemnation of illegitimacy, it

seems more reasonable to question the ethics of a society which permits

it to exist. Certainly no social usage could be more degrading to

women as mothers of the race than that which makes it a sin to bear

a child; and nothing could be more grotesquely unjust than a code of

morals, reinforced by laws, which relieves men from responsibility

for irregular sexual acts, and for the same acts drives women to

abortion, infanticide, prostitution and self-destruction. I know of

no word that may be said in justification of such a code or of a

society that tolerates it. As marriage ceases to be a vested interest

with women, and as their growing freedom enables them to perceive the

insult to their humanity that this kind of morality involves, they

will refuse to stand for it. Those who prefer to regard woman as a

function will devote their energy to securing conditions under which

she may bear and bring up children with a greater degree of freedom and

self-respect than conventional morality allows her. As for those who

prefer to regard her as a human being, they will naturally demand the

abolition of all discriminations based on sex; while all women must

certainly repudiate the barbarous injustice of organized society to the

illegitimate child.

This is hardly to be regarded as a prophecy, for the revolt has already

begun. A small minority of women in Europe have for some time been

denouncing this injustice, the most prominent among them being the

famous Swedish champion of childhood, Ellen Key. Their influence

has already been reflected in the laws of several countries. In

Scandinavia, in Switzerland, and even in France, laws have already

been enacted either removing or modifying the legal disabilities of

the child born out of wedlock, and fixing the responsibilities of the

father. There are similar laws in Australia and New Zealand. These

laws vary in scope, but their general tendency is toward the abolition

of illegitimacy and recognition of joint parental responsibility for

every child brought into the world. In this country, where unjust

legal discriminations against unmarried mothers and their children are

still in force, the Woman’s Party is demanding laws recognizing every

child as legitimate, and determining the responsibilities of unmarried

parents. The abolition of illegitimacy will naturally mean that the

child of unmarried parents will have the same right to the father’s

name, and to support and inheritance, as the child born in wedlock.

There is a general impression, to which I have adverted, that marriage

is a great protection to women. Bachofen and his followers even went

so far as to suppose that she herself originally devised it for that

purpose. This school quite overlooked the fact that in so far as it has

been a protection it has been so only because society has been inimical

to her interests, and has allowed her no other defence against itself.

Marriage has certainly not protected her in the past from hard labour,

cruelty, and mental and spiritual deterioration. In spite of these

well-known facts, the notion persists that it is of inestimable benefit

to her; and those influenced by this superstition are likely to fear

that to abolish illegitimacy, with its humiliating consequences, will

be to encourage “free love” and thus to expose women to victimization

by unscrupulous men. Such a view not only carries an untenable

assumption of feminine inferiority, but it carries an equally untenable

assumption that marriage constitutes a protection against victimization

by unscrupulous men. Not only did our marriage-laws until recently give

a woman into the absolute power of her husband, however unscrupulous he

might be, but they left her no way of escape. On the other hand, they

protected the husband’s sexual monopoly of his wife and his right to be

considered the only legal parent of their children. Indeed, the law

has gone further; it has exposed women to victimization by protecting

men from detection in illegitimate parentage. Laws equalizing the

responsibilities of men and women towards illegitimate children, will

reduce temptation to unscrupulous conduct, for men will be aware

that if it result in the birth of a child they will be obliged to

acknowledge their parenthood and assume the attendant responsibilities.

I might remark here that some communities have tried to deal with

this question in what seems to me a very bungling manner, namely: by

forcing the “seducer” of a woman under the legal age of consent to

choose between marrying her and going to jail. Such laws represent

concessions to traditional prejudices, and have little relation either

to justice or common sense. They take no cognizance of the inclination

of the parties or their fitness for marriage; hence they afford a

stupid way of legitimizing the child. It would be much more sensible to

regard every child as legitimate by the very fact of having arrived in

the world, and to demand of its parents a full discharge of parental

responsibility, without complicating it with the very different

question of marital obligations. Another legal provision which is as

general as it is humiliating to women is that which permits a father to

recover damages from the seducer of his daughter. This law, which is in

force in several of our States, is supposed to find justification in

the daughter’s status as a servant in her father’s house; but since the

law grants him no similar redress for the seduction of a servant who is

not his daughter, it is evident that its real basis is in a surviving

notion of woman as the natural property of a male owner. These laws do

not lessen the disgrace that attaches to extra-legal birth; rather they

recognize and endorse it.

The importance of abolishing illegitimacy is not to be underrated,

for it means the removal of the legal sanctions which have enforced a

barbarous custom. But the abolition of illegitimacy can not be expected

entirely to remove the stigma attaching to unmarried motherhood and

birth out of wedlock. That will disappear only when the economic

independence of women shall have resulted in a spiritual independence

which will lead them to examine critically the social dogmas that

have been forced upon them, and to repudiate those which conflict

with justice. In other words, it will involve an adaptation to more

humane ethical standards; an adaptation which has begun but may be

long in reaching completion, for superstition and taboo are not easily

eradicated.

II

The assumption that justice to motherhood and childhood will undermine

the institution of marriage implies that marriage as an institution

is based on injustice; which is to assume that it is fundamentally

unsound. That it does, under present economic conditions, involve

serious injustice to both sexes I have shown in the preceding chapter.

But this notion implies something more: it implies that marriage is

acceptable to women only or chiefly because it offers them a position

of privilege--the privilege of exemption from the social and economic

consequences of illegitimate motherhood. There is some show of reason

in this; for the disabilities which marriage puts on women are in

most communities humiliating and onerous, more particularly since the

unmarried woman has so generally succeeded in establishing her right

to be treated as a free agent. The abolition of illegitimacy may

conceivably undermine institutional marriage; yet hardly before women

are economically free. For her need of society’s protection against

itself in the discharge of her maternal function has certainly had

less to do with woman’s long acquiescence in the disabilities which

marriage involves than the fact that marriage offered the only career

which society approved for her or gave her much opportunity to pursue.

She was under enormous economic and social pressure to accept those

disabilities, and she yielded, precisely as thousands of men who have

been under analogous pressure to get their living under humiliating

conditions, have yielded, rather than not get it at all.

Since we have been discussing unmarried motherhood, we may

appropriately begin our consideration of these disabilities by

examining the status of motherhood in marriage. The married mother,

particularly in modern times, is the object of a sickly pawing and

adulation and enjoys a certain formal respect--not, however, as a

mother, but as a mother of legitimate children. While she continues

to live with her husband, she may exercise considerable supervision

over the rearing of her offspring; indeed in some communities she

is, by force of custom, supreme in this province. But in case of

separation or the death of her husband, she may find herself without

any legal claim to their guardianship or custody, for until recently

children born in wedlock have been generally held to belong exclusively

to the father. The principle of joint guardianship is coming to be

recognized in modern jurisprudence, but there are communities where

the old laws still hold. In Virginia, for example, the father’s claim

is always preferred to that of the mother. In Maryland and Delaware

it is preferred to such an extent that he may even, by his will,

deprive her of the guardianship and custody of her children after

his death. This provision is a survival from English common law, and

is a logical correlative of woman’s status under that law, which was

that of a minor. Her position with regard to her children was one

of responsibilities with no compensating rights; and although the

discriminations against her have been modified here and there, this

is still pretty generally her position. In this respect the unmarried

mother is better off than the mother of legitimate children, for in

most countries, as the only legal parent of her child, she exercises

the right of guardianship and control and possesses full claim to

their services and earnings. The unmarried mother, in a word, bears her

own children; the married mother bears the children of her husband.

Usage, as every one knows, is far ahead of the laws governing the

rights of the married mother. In France, where her legal position is

notoriously bad, her relation to her family is nevertheless one of

influence and authority. In this country also her actual position is

generally far better than that allowed her by the law. But this is

merely to say that most husbands are more humane than the law; and the

fact may not be ignored that so long as legal discriminations bar her

from an equal share with her husband in the control and guardianship of

her children, she exercises parental rights only on sufferance. It is

the law which finally fixes her status in this as in other matters; and

as long as she may legally be made to suffer injustice on account of

her sex, she can hardly be called her husband’s equal, no matter what

privileges she may enjoy by virtue of his indulgence.

So much for the disabilities of the married mother. Her compensations

are the immunity that marriage affords her from society’s displeasure

and consequent persecution; the inestimable advantage of her husband’s

co-operation in making a home for her children, and in rearing and

educating them; and the fact that they have a legal claim upon him for

support and inheritance.

Her own claim for support does not depend, in law, upon her motherhood,

but upon her wifehood. She is entitled to support whether she has

children or not. On the other hand the law, in most communities, allows

her nothing more than mere support, while at the same time it maintains

certain restrictions upon her economic independence. Although most

States now allow the wife to control her own earnings in industry, her

services in the home are still pretty generally her husband’s property,

and any savings that result from economy in her domestic management

belong to him, and so does any money earned by her in her own house,

as from taking in boarders or lodgers. In short, while she works in

the home her status is that of her husband’s servant[22]. He may even,

as in Michigan, still prevent her from undertaking employment outside

the home, simply by withholding his consent. Nor is this the only

way in which the opportunities of a married woman are restricted. She

is frequently disqualified by her status for engaging in business on

her own account, or for doing so without her husband’s consent. She

may also be disqualified by law or prejudice for engaging in certain

professions, such as teaching, an occupation in which, strangely

enough, a married woman is frequently held to be incapable.

The claim for alimony which at present constitutes such a fecund source

of injustice to men and corruption among women, implies the assumption

that a woman is economically helpless, that she is a natural dependent

whose support, having been undertaken by her husband, must be continued

even after divorce, until she dies or finds another husband to support

her. It does not take into account the woman’s rightful claim to any

property that she may have helped her husband to accumulate, for

the question whether or not she shall receive alimony is within the

discretion of the court. On the other hand, the awarding of alimony may

give a woman a claim to income from property possessed by her husband

before marriage and therefore not rightfully to be enjoyed by her; it

may, furthermore, give her an equally unjustifiable lien on his future

earnings. Thus it allows women at once too little and too much. If the

community is to continue to fix the economic obligations which marriage

shall entail, it might be fairer to both sexes if those obligations

were fixed as they have been in certain of our Western States. In

those States, property acquired during marriage is regarded as common

property, and in case of separation must be divided equally. Neither

party may, during the marriage, dispose of such property without

consent of the other; nor may either party dispose of more than half

of it by will. On the other hand, either party has free disposal of

property acquired before marriage, or inherited during marriage. In

case one party dies intestate, the other shares equally with children

in his or her half of the common property, and in other property. Thus

the law raises woman above the status of a dependent and recognizes

marriage as an equal partnership. Such laws, of course, do not fit

all cases, for all marriages are by no means equal partnerships; but

so long as the State insists upon maintaining a blanket-regulation of

the marital relation, some such arrangement would seem to be more

nearly just, both to men and women, than the laws now in force in most

communities.

I have given only a partial list of the economic disabilities enforced

upon a good many millions of married women. Their status in the various

countries of the civilized world ranges all the way from complete

subjection to their husbands to complete equality with them[23]. The

subjection of women, like all slavery, has been enforced by legally

established economic disadvantages; and upon the married woman these

disadvantages, or some of them, are still binding in most communities.

The law deprived her of the right to her own property and her own

labour, and in return gave her a claim upon her husband for bare

subsistence, which is the claim of a serf. Since woman’s partial

emergence from her subjection, and the consequent modification of the

discriminations against her, laws which were logical and effective when

her status was that of a chattel have been allowed to survive other

laws which made them necessary. The result is a grotesque hodge-podge

of illogical and contradictory provisions which involve injustice to

both sexes, and should be abolished by the simple expedient of making

men and women equal in all respects before the law, and sweeping away

all legal claims which they now exercise against one another by virtue

of the marriage-bond.

This would mean, of course, that a woman might no longer legally claim

support from her husband by virtue of her wifehood; nor should she

in fairness be able to do so when all his claims to her property and

services had been abolished. There is no reason why the disabilities

which marriage imposes on women should be done away with and those

which it imposes on men retained. To take such a course would be to

turn the tables and place women in a position of privilege. The fact

that women are still at considerable disadvantage in the industrial

world might appear to justify such a position; but there is a better

way of dealing with their economic handicaps than the way of penalizing

husbands and demoralizing a large number of women by degrading

marriage, for them, to the level of a means of livelihood, gained

sometimes through virtual blackmail. Given complete equality of the

sexes, so that prejudice may no longer avail itself of legal sanction

for excluding women from the occupations in which they may elect

to engage, the economic handicaps from which they may still suffer

will be those resulting from the overcrowded condition of the general

labour-market. The ultimate emancipation of woman, then, will depend

not upon the abolition of the restrictions which have subjected her

to man--that is but a step, though a necessary one--but upon _the

abolition of all those restrictions of natural human rights that

subject the mass of humanity to a privileged class_.

This phase of woman’s problem is the main thesis of my book; and since

it will come in for detailed consideration in subsequent chapters, I

leave it for the present and proceed to discuss some probable results

of sex-equality and the removal of legal claims which marriage now

gives husband and wife against one another.

The wife would no longer be humiliated by the assumption that as a

married woman she is the natural inferior of her husband, and entitled

to society’s protection against the extreme results of the disabilities

that her status involves. If she became his housekeeper, she would

do so by free choice, and not because her services were his legal

property; and her resultant claim on his purse would be fixed by

mutual arrangement rather than by laws allowing her the claims of a

serf. The marriage, if it became an economic partnership, would be

so by mutual consent and arrangement, and would thus no longer be a

one-sided contract, legally defined, in which all the rights were on

the side of the husband, but compensated in too many cases by unjust

privileges on that of the wife. At the same time, the temptation to

marry for economic security or ease would be lessened. This temptation

besets both men and women, though not in the same degree, because men,

through the economic advantage enjoyed by their sex, are oftener in

a position of ease than women are. It is the temptation, arising out

of man’s natural desire to gratify his needs with the least possible

exertion, to live by the means of others rather than by one’s own

labour. Its gratification through marriage would not be rendered

impossible by the mere abolition of coercive laws governing the

marriage relation; but at least its cruder manifestations, such as the

frequent attempts of unscrupulous or demoralized women to use marriage

for purposes of extortion, would no longer assail the nostrils of the

public. Its reduction to a minimum must await the establishment of an

economic order under which self-support will be easy and certain.

More general and binding, even, than the economic obligations that

marriage entails are the personal claims that it creates. In so far

as these claims are psychological--those of affection and habit, or

attachment to children--their regulation and abrogation will always

afford a problem which must be solved by the two persons concerned.

There is at present a strong tendency to equalize the incidence of the

laws whereby the State defines these relations and imposes them on

married people. The old assumption of feminine inferiority in sexual

rights is gradually yielding to a single standard for both sexes. So,

also, the requirement that the wife shall in all matters subordinate

her will and judgment to the will and judgment of her husband, tends to

be modified by the new view of woman as a free agent rather than a mere

adjunct to man. Qualifications for marriage and grounds for divorce

tend to become the same for both sexes as the State is forced to

relinquish its right to regard as offences in one sex actions which it

does not recognize as offences in the other. It would appear, indeed,

that the time is not far distant when the marriage-law, however

humiliating its provisions may be, will bear equally on men and women.

But mere equalization of the law’s incidence leaves untouched the

previous question whether any third person--and the State assumes the

rôle of a third person--has a legitimate right to define and regulate

the personal relations of adult and presumably mature people. So

long as the basic assumption goes unchallenged that the State may

grant to man and woman lifelong monopoly-rights in one another, or

monopoly-rights which shall endure, despite the inclination of the

persons concerned, during the State’s pleasure, so long will complaints

of harsh or unjust marriage or divorce laws prove the truth of Mill’s

dictum that “no enslaved class ever asked for complete liberty at once

... those who are under any power of ancient origin, never begin by

complaining of the power itself, but only of its oppressive exercise.”

Marriage under conditions arbitrarily fixed by an external agency is

slavery; and if we allow the right of an external agency--be it State,

family, or community--to place marriage in so degrading a position, we

necessarily deny the freedom of the individual in this most intimate

of relationships, and put ourselves in the position of petitioners for

privilege when we sue for an improvement in the rules to which we have

subjected ourselves.

When this fundamental fact is borne in mind, it becomes at once

apparent that marriage will gain in dignity through the abolition

of all legal sanction upon the personal claims that it involves. In

a community which had renounced all claim to prescribe legally the

nature of the marriage-bond, its duration, and the manner of its

observance, there would be no washing of soiled domestic linen in the

squalid publicity of courtrooms and newspaper-columns; no arbitration

of noisy domestic differences by judges whose only qualification for

the office is that they have had enough political influence to get

themselves elected; none of the demoralizing consequences that the

sense of proprietorship in one another has on the dispositions of

married people. Marriage might still be publicly registered; it would

no longer be publicly regulated. Its regulation would be left to the

people whom it concerned, as it properly should be and safely could

be; for as Mill remarked, “the modern conviction, the fruit of a

thousand years experience, is that things in which the individual is

the person directly interested, never go right but as they are left to

his own discretion, and that any regulation of them by authority, save

to protect the rights of others, is sure to be mischievous.” The only

way to protect married people against the bad faith which one may show

toward the other, is to leave the door wide open for either of them

to be quit of the union the minute it ceases to be satisfactory. If

society for any reason sees fit to close the door to freedom, it sets

union by law above the union by affection on which alone true marriage

is based; and in so doing it is responsible for an amount of injustice,

spiritual conflict, and suffering which no attempt at equitable

regulation can ever compensate. Such attempts are in reality mere

efforts to adjust the marriage-relation to the fundamental injustice of

the marriage-law.

Perhaps the most serious objection to the union by law is that it is

so often an effective barrier against the union by affection; for the

union by law complicates marriage with a great many uses that are not

properly germane to it; such as the custom of taking on one another’s

family and friends, and the setting up of a common menage where this

most intimate and delicate of relationships is maintained in a trying

semi-publicity under the critical and unwavering scrutiny of relatives

and friends. The influence of the expected extends to the regulation of

the menage and the division of labour. A lover would hardly, perhaps,

require his mistress to darn his socks; but if she became his wife

he would probably yield to the immemorial expectation that a married

woman shall do her husband’s mending. So, likewise, a woman may refuse

to accept support from her lover so long as he is only her lover, and

accept it as a matter of course when the union has been legalized. All

conventional uses have a purely fortuitous and incidental connexion

with marriage; yet they often fret it into failure. As Jane Littell

remarked not long ago in the _Atlantic Monthly_, “being friends with

someone to whom the law binds one is not so easy as it sounds.” This

is especially true where the law assumes a natural inferiority in one

party to the contract, as it almost universally does.

I have not forgotten the children. One could hardly do so in an age

when sentimentalism offers them as the final and unanswerable reason

for continuing to tolerate the injustice involved in institutionalized

marriage. But the very fact that it is the sentimentalist who thus

defends established abuses is in itself enough to warrant considerable

wariness in dealing with his arguments; for when the defenders of any

cause have recourse to sentimentality, it is likely to be for want

of solid ground under their feet, or in order to obscure a doubtful

ulterior motive. Sentimentalism is a sugar coating on the pill of

things as they are, which makes it easier for many people to swallow

it than to contemplate a dose which is at once more salutary and more

formidable, namely: things as they ought to be. When one hears the

sentimentalist proclaiming the sacredness of marriage, one may agree

with him; but at the same time one must wonder what kind of marriage

he means; whether it is the ceremony performed by a minister or a

magistrate, or the union which two people have made sacred through

mutual respect, confidence and love. Such marriages as this last have

sometimes been without benefit of clergy--Would these be as sacred to

the sentimentalist as the marriage which has been sanctified only in

law? Again, when one listens to the good old saws about the glory of

motherhood, one may be interested to know the conditions under which

it is proposed to call it glorious; and when domesticity is held up

to admiration as woman’s natural vocation, one wonders whether the

sponsor of domesticity is willing to put his argument to the test

by leaving her free to choose that vocation or not, as she will, or

whether his praise is a mere preface to the demand that she be forced

into this natural vocation by the method of denying her an alternative.

So, likewise, when one hears the argument that marriage should be

indissoluble for the sake of children, one cannot help wondering

whether the protagonist is really such a firm friend of childhood,

or whether his concern for the welfare of children is merely so much

protective coloration for a constitutional and superstitious fear of

change.

Children are really as helpless as women have always been held to be;

and in their case the reason is not merely supposition. Woman was

supposed to be undeveloped man. The child _is_ undeveloped man or

woman; and because of its lack of development it needs protection. To

place it in the absolute power of its parents as its natural protectors

and assume that its interests will invariably be well guarded, would

be as cruel as was the assumption that a woman rendered legally and

economically helpless and delivered over to a husband or other male

guardian, was sure of humane treatment. No human being, man, woman, or

child, may safely be entrusted to the power of another; for no human

being may safely be trusted with absolute power. It is fair, therefore,

that in the case of those whose physical or mental immaturity renders

them comparatively helpless, there should be a watchful third person

who from the vantage-point of a disinterested neutrality may detect

and stop any infringement of their rights by their guardians, be they

parents or other people. Here then, is a legitimate office for the

community: to arbitrate, in the interest of justice, between children

and their guardians.

But the community has a more direct and less disinterested concern in

the welfare of children: every child is a potential power for good or

ill; what its children become, that will the community become. It is

knowledge of this that prompts the establishment of public schools

and colleges, and all the manifold associational activities intended

to promote the physical and spiritual welfare of children. It is back

of the mothers’ pension system, which is properly, as the Children’s

Bureau insists, a system of assistance for children. From all this

activity it is only a step to the assumption by the community of

entire responsibility for the upbringing and education of every child.

This idea has some advocates; it is a perfectly logical corollary

of the modern conception of the child’s relation to the community.

Yet it invites a wary and conditional acceptance. It is fair that

the community should assume the burden of the child’s support and

education, particularly so long as the community sanctions an economic

system which makes this burden too heavy for the great majority of

parents, and a political system which may force male children to

sacrifice their lives in war as soon as parents have completed the task

of bringing them up. But the advisibility of accomplishing this purpose

through the substitution of institutionalized care for parental care

is more than a little doubtful; for to institutionalize means in great

degree to mechanize. To establish such a system and make it obligatory,

would be to remove many children from the custody of parents entirely

unfitted to bring them up; but it would likewise involve the removal

of many children from the custody of parents eminently well fitted for

such a responsibility. It would imply an assumption that the people who

might be engaged to substitute for parents would be better qualified

for their task than the parents themselves; and such an assumption

would be dangerous so long as the work of educators continues to be as

little respected and as poorly paid as it now is. Moreover, so long as

society remains organized in the exploiting State, the opportunity to

corrupt young minds and turn out rubber-stamp patriots would be much

greater than that which is now afforded by the public school system,

whose influence intelligent parents are sometimes able to neutralize.

Perhaps the best argument against such a system is that it would not

work. If experience teaches anything, it is that what the community

undertakes to do is usually done badly. This is due in part to the

temptation to corruption that such enterprises involve, but even

more, perhaps, to the lack of personal interest on the part of those

engaged in them. Those people who advocate bringing up children in

institutions do not take into account the value of parental interest in

the child; nor do they respect the parental affection which would cause

many parents to suffer keenly if they were forced to part with their

children. The family is by no means always the best milieu for young

people; but before we seek to substitute a dubious institutionalism,

it would be wise to ascertain whether the change is imperative. In

a matter which touches, as this one does, the most profound human

instincts, there is need to observe Lord Falkland’s dictum that “where

it is not necessary to change, it is necessary not to change.” As I

have shown in the preceding chapter, parents are at present under heavy

economic handicaps in discharging their parental duties, handicaps

which not only render those duties a heavy burden, but lengthen

inordinately the period for which they must be undertaken. Until those

handicaps are removed, it will not be fair to say that the family is a

failure; and until they are removed, we may be certain that any other

institution charged with the care of the young will be a failure, for

it will be filled with people who are there less because of their

understanding of children and their peculiar fitness to rear them, than

because such work offers an avenue of escape from starvation.

These same considerations apply to the argument that the rearing of

children should be institutionalized in order to emancipate women

from the immemorial burden of “woman’s work.” There is a simpler way

of dealing with this problem, a way which eliminates an element that

dooms to failure any scheme of human affairs in which it is involved,

namely: the element of coercion. To contend that all mothers should be

forced to devote themselves exclusively to the rearing of children,

or that they should be forcibly relieved of this responsibility, is

to ignore the right of the individual to free choice in personal

matters. There is no relation more intimately personal than that of

parents to the child they have brought into the world; and there is

therefore no relationship in which the community should be slower to

interfere. This is a principle universally recognized: the community

at present interferes only when the interest of the child, or that of

the community in the child, is obviously suffering. The emancipation

of women by no means necessitates the abandonment of this principle.

It necessitates nothing more than a guarantee to women of free

choice either to undertake themselves the actual work of caring for

their children, or to delegate that work to others. There is nothing

revolutionary about this: well-to-do parents have always exercised

this choice. In mediaeval Europe people of the upper classes regularly

sent their children to be brought up by other people, and took the

children of other people into their own houses. In Renaissance Italy

the wealthy urban dwellers, almost as soon as their children were born,

sent them out of the plague-infested cities to nurse with peasants. In

modern times people who can afford it often place their children in

boarding schools at an early age, and keep them at home only during

vacations--when they do not place them in camps. Under a system of

free economic opportunity all people, instead of a few, would have

this alternative to rearing their children at home, for they would all

be able to afford it. Even under the present economic order it would

be possible if the system of children’s assistance were extended to

include every child, whether the parents were living or not. But under

a system of free opportunity there would be greater certainty that the

child would not suffer through separation from its parents; for the

paid educator would be in his position because it interested him. If

it did not, he would take advantage of the opportunity, freely open to

him, to do something that did.

So long as responsibility for the care and support of children

continues to be vested in the parents, so long, for the sake of the

child, will it be the duty of society to insist that parents shall not

neglect this responsibility. But when society had renounced all claim

to regulate the affairs of married people, it would content itself

with holding all parents, married or unmarried, jointly liable for

the support and care of their children. If the parents were married,

then the apportioning of this burden between them would be arranged by

mutual agreement, and the community’s only interest in the contract

would be that of arbiter in case of a dispute between the parties,

precisely as in case of other contracts. To assume that the community’s

interest in children justifies its claim to “preserve the home” by

making marriage indissoluble or dissoluble only under humiliating

conditions, is to confuse issues. The practice of perpetuating

marriage merely for the sake of children defeats its own end; for

it is, far from being good for children, likely to be injurious to

them. It condemns them to be brought up in what Mr. Shaw has well

called a little private hell. For the home, as other critics than Mr.

Shaw have pointed out, is a proper place for children only when it

provides harmonious conditions for their development; and harmony is

not characteristic of homes where mutual love and confidence no longer

exist between the parents. The demand that the freedom and happiness

of parents shall be sacrificed to the so-called interest of the child

is in reality a demand that injustice shall be done one person for

the sake of another; and where this demand is effective it serves no

end but that of frustration and discord, as might be expected. It is

far better, as modern society is coming to realize, for the community

to content itself with insisting upon the discharge of parental

responsibility, without prescribing too minutely the conditions under

which it shall be done.

It is not, perhaps, so much a concern for the preservation of the home

that makes people afraid of divorce, as it is for other time-honoured

concepts; such, for instance, as the idea that marriage is a sacrament,

that it is made in heaven and is therefore indissoluble in this world.

Curiously enough, this idea of the essential holiness and consequent

indissolubility of the marriage-bond has coexisted in Christian society

with the most cold-blooded practice of marrying for convenience, for

money, for social prestige, for place and power, for everything that

ignores or negates the spiritual element in sexual union. The marriage

arranged for social or mercenary reasons by the families of the

contracting parties, who might not even meet before the wedding-day,

was as sacred as if it had been founded upon an intimate acquaintance

and tender passion between them. Thus was utilitarianism invested

with a spurious holiness. Small wonder that a mediaeval court of love

denied the possibility of romantic attachment between husband and

wife. The Church, to be sure, introduced the principle of free consent

of the contracting parties; but so long as the subjection of women

endured, there could be little more than a perfunctory regard for this

principle. There can be no real freedom of consent when the alternative

to an unwelcome marriage is the cloister or lifelong celibacy at the

mercy of relatives whose wishes and interests one has defied, in a

society where to be unmarried is, for a woman, to be nobody. A son,

because of the greater independence that his sex gave him, might

safely exercise some degree of choice in marrying. A daughter might

safely exercise none. As women have become more independent, and their

economic opportunities have increased, consent has become more closely

related to inclination, and in many places, notably the United States,

it is actually dependent upon inclination;[24] but while women remain

at an economic disadvantage it is hardly to be expected that the

motives behind inclination and consent will always be entirely free

from an ignoble self-interest.

So long as woman’s economic and social welfare was bound up with

marriage, indissoluble marriage undeniably offered her a certain

kind of protection. It did not, as I have remarked, protect her from

cruelty and infidelity on the part of her husband; but it generally

assured her of a living and a respected position in society--that is,

so long as she violated none of the conventional taboos against her

sex. Even now the chivalrous man often feels that he must endure an

unhappy marriage rather than cause his wife to incur the economic and

social consequences of divorce. He generally feels that her chance of

finding another husband to support her would be considerably worse than

his of getting another wife to support; a feeling which, considering

the relative desirability of supporting and being supported, will be

justified so long as it is considered tolerable for women to be an

economic dead weight on the shoulders of men.

III

The sanctions of monogamic marriage have been enforced on women

only. The Christian Church, after some indecision, finally decided

that indissoluble monogamy was the only allowable form of marriage;

and in theory it exacted from man and woman the same faithfulness

to the marriage-vows. Practically, of course, it did no such thing.

Being dominated by men, it eventually came to condone the sexual

irregularities of men, if it did not sanction them; but sexual

irregularity in the subject sex continued to be both theoretically

and practically intolerable. Woman became the repository of morality

in a society which regarded morality as chiefly a matter of sex. But

since she was at the same time the means of satisfying those sexual

needs which Christianity disparaged, she also bore the brunt of

social displeasure at violation of the ascetic creed. Womankind, as

I have already remarked, was divided into two classes: the virtuous

wives and cloistered virgins who embodied Christian morals; and

those unfortunate social outcasts who sold their bodies to gratify

un-Christian desires. The prostitute, the “companion” of the Greeks,

who had been in the Greek world the only educated woman, the only woman

who enjoyed comparative freedom, became in the Christian world a social

outcast, reviled and persecuted, a convenient scapegoat for man’s sins

of the flesh, who atoned vicariously by her misery for his failure to

live up to the Christian ideal of sexual purity. Nothing reflects more

discredit upon the dominance of the male under Christianity than the

fact that he took advantage of the economic helplessness which forced

millions of women to sell their sex for a living, and then persecuted

them outrageously because he had outrageously mistreated them. For

prostitution, however much it may reflect upon the morality and, more

especially, upon the taste, of men, has nothing whatever to do with the

morality of women. It is, with women, a question of economics, purely

and simply. The man who buys gratification of his sexual desire has at

least an option in the matter; he will not starve if he abstains; but

the woman who sells her body indiscriminately to any man who will buy,

does so because her need to earn a living for herself or her family

forces her to do violence to her natural selective sexual disposition.

This economic pressure has been strikingly illustrated in Central

Europe since the war, where thousands of women of gentle breeding

have been literally driven to the streets by the compelling scourge

of want. The men upon whom these women in normal times would have

depended for a living had been either killed or incapacitated in the

war, or their power to earn had disappeared in the economic collapse

which followed. When men, in a society so organized as to give them

an economic advantage over women, can no longer earn enough to

maintain their dependents even at the subsistence-level, the chance

of women, for the most part untrained to breadwinning, to do so will

be poor indeed. Under such circumstances the woman thrown on her own

resources may, through some extraordinary stroke of luck, find a way to

self-sufficiency through labour; but more often she is obliged, after

her possessions have been disposed of, to take refuge from starvation

by selling the only marketable commodity that is left her--her sex.

Of course there is the alternative of starvation, which for herself

she may choose; but if this choice would involve starvation for her

children or other dependents she is likelier to choose prostitution,

precisely as so many German and Austrian mothers and daughters have

done. Mrs. O’Shaughnessy’s little story of Vienna after the war,

“Viennese Medley,” depicts a situation which is not untypical. A

middle-class Viennese family which had enjoyed a mediocre prosperity

before the war, is suffering, with all that suffering city, from the

nightmare of want that followed a savage peace. In the background,

unspoken of, the only ray of hope across the bleakness of their

extremity, moves the sister who sells her beauty to foreign officials

and native, war-made millionaires. It is she who, when the young

half-brother is struck by the dreaded plague of tuberculosis, sends

him to the mountains and health. It is she who helps the sister-in-law

to establish herself in trade, after the brilliant young surgeon, her

brother, has come back a nervous ruin from the war. It is she who

buries, with decent ceremony, the child of a sister whose husband, once

a distinguished professor, is now able to do little more than starve

with his numerous family. She even saves from want the young nobleman

whom she loves, and his family as well. Not every woman who has sold

herself in stricken Europe could command so high a price, but there is

no doubt that many of them stood between their suffering families and

death.

War releases all that is brutal in man, and places woman in a

peculiarly helpless position; therefore it is a prolific immediate

source of prostitution. But the ultimate and permanent source is the

source of war itself, the economic exploitation of man by man. So long

as society is organized to protect the exploiter, so long will peace

be an incessant struggle--for more wealth with the privileged classes;

for existence with the exploited masses--and war will be, as it has

always been, merely a final explosion of the struggling forces. So long

as human beings may starve in the midst of plenty, so long will woman

be under temptation to sell the use of her body. She may prostitute

herself because she has literally no other way to get a living; she

may do so in order to eke out an insufficient wage; she may do so

because prostitution seems to offer a relief from hopeless drudgery;

she may do so because she has made what the world calls a misstep and

is cut off thereby from respectability and the chance to earn a decent

living; or she may prostitute herself legally, in marriage, as women

have been forced to do from time immemorial. In every case there is

one motive force, and that motive force is economic pressure, which

bears hardest upon women because of the social, educational, and

economic disadvantages from which they are forced to suffer in a world

dominated by men. No amount of masculine chivalry has ever mitigated

this evil, and no amount ever will; for chivalry is not compulsory,

while prostitution is. No amount of exhortation, no amount of devoted

labour on the part of reformers will touch it; for it is not a question

of morality. No amount of persecution--of arrests, of manhandling,

of night-courts, public insult, fine and imprisonment--will check

it, for the necessity which prompts it is too imperious to be balked

by the uncomprehending guardians of public decency. The peril of

this necessity threatens all womankind; one turn of fortune’s wheel

may bring its stark aspect before the eyes of the most sheltered

of women. It is the sheltered women, indeed, who are peculiarly in

danger; those women whose preparation for the struggle to wrest a

living from economic injustice has consisted in waiting for men to

marry and support them. The parent who, in a world where celibacy and

prostitution are on the increase, fails to give a girl child education

or training which will enable her to get her living by her own efforts,

forces her to take a dangerous risk; for the woman who is brought up

in the expectation of getting her living by her sex may ultimately

be driven to accept prostitution if she fails to find a husband, or,

having found one, loses him.

There is only one remedy for prostitution, and that remedy is economic

freedom--freedom to labour and to enjoy what one produces. When women

have this freedom there will be no more prostitution; for no woman will

get a living by doing violence to her deep-rooted selective instinct

when opportunities are plentiful and a little labour will yield an

ample living. There may still be women who are sexually promiscuous;

but there is a vast gulf between promiscuity and prostitution: the

sexually promiscuous woman may choose her men; the prostitute may not.

It is the abysmal gulf between choice and necessity.

IV

Marriage, illegitimacy and prostitution are so closely related,

as social problems, that it is impossible to draw firm lines of

demarcation between them. The unlegalized union--which is betrayed by

illegitimate birth--may be a marriage in all but law; the legalized

marriage may be merely a respectable form of prostitution; prostitution

may take the form of a more or less permanent union which may even

assume the dignity of a true marriage. Illegitimacy, marriage, and

prostitution do not exist independently; they exist in relation to one

another and are often confused in people’s minds--as when it is assumed

that all mistresses are essentially harlots. They are the three faces

of mankind’s disastrous attempt to impose arbitrary regulation upon the

unruly and terrifying force of sex; they form a triptych of which the

central panel is institutionalized marriage and the other panels the

two chief aspects of its failure. The title might appropriately be “The

Martyrdom of Woman.”

Experience has amply proved that as individualism progresses, it

becomes increasingly difficult to impose upon people more than an

appearance of conformity in sexual matters. Society can not really

regulate anything so essentially personal and private in its nature

as the sexual relation: it can only take revenge upon its natural

result--and thereby encourage the prevention of that result by

artificial means. For every unmarried mother who is persecuted

by society, there are ten unmarried women who escape the social

consequences of an unauthorized sexual relation. For every faithful

husband there is another who deceives his wife with other women;

nor are wedded wives by any means always faithful to their marriage

vows. There are people who live together in the sexual uncleanness of

loveless marriages; and there are those who live purely in extra-legal

union. The sexual impulse is too variable and too imperious to be

compressed into a formula.

Christian society, as I have remarked, early surrendered its

uncompromising asceticism and settled down to an easy acceptance of the

mere appearance of conventional sexual virtue--that is, so far as men

were concerned. Women, as inferior and evil beings, who, incongruously

enough, at the same time embodied Christian morality, must naturally

be under the rigid surveillance of their male tutors, and no deviation

from established rules might be allowed them. Thus worldly motives

in marrying might be united with sacramental monogamy; for the man

might avail himself of extra-marital union as a safety-valve for the

emotional needs to which marriage gave no scope. The needs of the

woman were not considered, save when savage punishment was visited

upon their illicit satisfaction. Thus hypocrisy and deceit were tacitly

encouraged, and the monogamic ideal was degraded; and countless

generations lived a gigantic social lie which distorted and perverted

their spiritual vision as only an accepted lie can distort and pervert

it.

I do not mean by this that there have not been millions of really

monogamous marriages. To intimate that the greater sexual freedom

allowed men by law and custom has led all men into licence would be

as stupid as to assume that repression and surveillance have kept

all women chaste. But the institution of marriage, in Christian

society, has represented compromise, and the fruit of compromise is

insincerity--such insincerity, for example, as the Government of

South Carolina shows when it forbids divorce, and fixes by law what

proportion of his estate a man may leave to his concubine.

Any people which wishes to attain dignity and seriousness in its

collective life must resolve to cast aside compromise and insincerity,

and to look at all questions--even the vexed one of sex--squarely and

honestly. The person who would do this has first some prepossessions

to overcome: he must forget tradition long enough to appraise

institutionalized marriage by its value to the human spirit; he must

resolve for the time to regard men and women as equally human beings,

entitled to be judged by the same standards, and not by different sets

of traditional criteria; and he must put away fear of sex and fear of

autonomy. If he can do these things, he may be able to look clear-eyed

down the long vista of the centuries and realize the havoc that has

been wrought in the souls of men and women by a sexual code and a

system of marriage based on a double standard of spiritual values and

of conduct. He may perceive how constant tutelage degrades the human

spirit, and how much greater would be the sum of human joy if freedom

were substituted for coercion and regulation--if men and women were

without legal power to harass and bedevil one another simply because

the State, through the marriage-bond, allows them humiliating rights

in one another; if virginity and chastity were matters of self-respect

and taste, instead of being matters of worldly self-interest to women

and unconcern to men; if the relations between the sexes were based on

equality and regulated only by affection and the desire to serve and

give happiness.

The modification which institutionalized marriage has been undergoing

since the partial emergence of woman, its chief victim, have been

in the direction of equality and freedom. The relative ease with

which divorce may now be had marks a long step towards recognition

of marriage as a personal rather than a social concern; and so does

the tendency to abolish the legal disabilities resulting from the

marriage-bond. Nothing augurs better for the elevation of marriage to

a higher plane than the growing economic independence of women and the

consequent improvement in the social position of the unmarried woman;

for only when marriage is placed above all considerations of economic

or social advantage will it be in a way to satisfy the highest demands

of the human spirit.

But the emergence of women has had another significant effect, namely:

an increase in frankness concerning extra-legal sexual relations, if

not in their number. Of late there has been much public discussion of

the wantonness of our modern youth; which, being interpreted, means

the disposition of our girls to take the same liberty of indulgence

in pre-nuptial sexual affairs that has always been countenanced

in boys. This tendency is an entirely natural result of woman’s

increased freedom. The conditions of economic and social life have

undergone revolutionary change in the past half-century; and codes of

morals always yield before economic and social exigency, for this is

imperious. It is for this reason, as Dr. A. Maude Royden has acutely

observed, that women of the lower classes have always enjoyed a certain

immunity from the taboos that reduced women of the middle and upper

classes to virtual slavery. “If among the poor,” says Dr. Royden,

“these ‘protections’ have been dispensed with, it has not been because

the poor have thought either better or worse of their women, but merely

because they are too poor to dispense with their labour, and labour

demands some small degree of freedom.” Labour not only demands, it

gives freedom. The woman who is economically independent need no longer

observe rules based on male dominance; hence the new candour in woman’s

attitude towards the awe-inspiring fetich of sex.

If there is about this attitude an element of bravado, akin to that

of the youth who thinks it clever and smart to carry a hip-pocket

flask, it bears testimony, not to the dangers of freedom, but to the

bankruptcy of conventional morality. The worst effect of tutelage is

that it negates self-discipline, and therefore people suddenly released

from it are almost bound to make fools of themselves. The women who are

emerging from it, if they have not learned to substitute an enlightened

self-interest for the morality of repression, are certainly in danger

of carrying sexual freedom to dishevelling extremes, simply to

demonstrate to themselves their emancipation from unjust conventions.

There is no reason to expect that women, emerging from tutelage, will

be wiser than men. One should expect the contrary. It is necessary to

grow accustomed to freedom before one may walk in it sure-footedly.

“Everything,” says Goethe, “which frees our spirit without increasing

our self-control, is deteriorating.” This so-called wantonness, this

silly bravado, simply shows that the new freedom is a step ahead of the

self-discipline that will eventually take the place of surveillance

and repression. It would not be so, perhaps, if girls and boys had

ever been enlightened concerning the real sins of sex, and their true

consequences. Women, in the past, have been taught to keep virgin or

chaste for the sake of their reputations, of their families, of their

chances in the marriage-market; they have been scared into chastity in

the name of religion; but they have not been taught to be chaste for

the sake of the spiritual value of chastity to themselves. Men, having

been expected to “sow their wild oats”, have been taught to sow them

with a certain degree of circumspection. Girls have been intimidated

by pictures of the social consequences of a misstep; boys have been

warned of the physical danger involved in promiscuous sexual relations.

This may not have been the invariable preparation of youth for the

experiences of sex; but it has unquestionably been the usual one, and

it is one of utter levity and indecency.

The real sins of sex are identical for men and women; and they differ

from infractions of the conventional moral code in this respect among

others: that they do not have to be found out in order to be punished.

They carry their punishment in themselves, and that punishment is their

deteriorative effect upon the human spirit. They are infractions of

spiritual law; and there is this significant distinction to be observed

between spiritual laws and the laws of men: that regulation plays no

part in their administration. The law of freedom is the law of God, who

does not attempt to regulate the human soul, but sets instinct there

as a guide and leaves man free to choose whether he will follow the

instinct which prompts obedience to spiritual law, or the desire which

urges disregard of it. The extreme sophistication of the conventional

attitude towards sex has dulled the voice of instinct for countless

generations, with the inevitable result of much unnecessary suffering

and irreparable spiritual loss.

A healthy instinct warns against lightness in sexual relationships;

and with reason, for the impulse of sex is one of the strongest motive

forces in human development and human action. It touches the obscurest

depths of the soul; it affects profoundly the functions of the mind

and the imagination--can not, indeed, be dissociated from them. The

fact that it is also strongly physical leads to misunderstanding and

disregard of its relation to the mind and spirit; a misunderstanding

and disregard which are immensely aggravated in a society where woman,

because of her inferior position, may be used for the gratification

of physical desire, with no consideration of her own desires or her

spiritual claims. Prostitution, for example, has exerted a most

deleterious influence on the attitude of men toward sex and toward

women. But degradation of the sex-impulse is inevitably punished. The

sheerly physical indulgence to which it leads produces a coarsening of

spiritual fibre, an incapacity for appreciation of spiritual values.

Moreover, it produces a cleavage between passion and affection which

renders impossible the highest and most beautiful form of the sexual

relation, the relation in which passion and affection are fused in a

love which offers complete understanding and fulfilment. It is to this

fusion (and not to monogamy, which, Spencer thought, developed love)

that we owe “the many and keen pleasures derived from music, poetry,

fiction, the drama, etc., all of them having for their predominant

theme the passion of love.” True monogamy, the product of this

highest love, is not a regulation to be observed; it is an ideal to

be attained, and it will not be attained by the person who fails to

recognize and to respect the spiritual aspects of the sexual relation.

Nor will it be attained by the person who mistakes excitement for

love, and who flits from one temporary attachment to another, thinking

always to find the beautiful in the new. Such promiscuous philandering

not only precludes depth of affection and thus renders constancy

impossible; it also blunts perception. Its effect was never better

expressed than by Burns, who was one of its unhappy victims.

I waive the quantum o’ the sin,

The hazard of concealin’,

But och! it hardens a’ within,

And petrifies the feelin’.

This is the penalty of levity in human relations: that it _petrifies

feeling_. One pays the price in spiritual deterioration. There is

probably no more striking testimony to this than the first part of

Goethe’s “Faust.” Consider what we know of the nature of Goethe’s

relations with women; and then consider the spiritual insensitivity,

the failure to perceive and draw upon the inexhaustible spiritual

treasures that life holds in store, that are implied in his failure

to devise for Faust, brought back from the brink of the grave at cost

of his immortal soul, any more animating employment for his new-found

youth than a low intrigue with an ignorant peasant girl.

I will pass by the contention that men are by nature polygamous and

women monogamous; for it rests on evidence created by a dual standard

of conduct for the sexes. Certain women of independent spirit are at

present rather conspicuously engaged in proving themselves not merely

polygamous but promiscuous; and a great many men have always proved

themselves to be monogamous. Probably human beings vary in respect of

these tendencies as of others. All people, perhaps, can not attain the

highest plane in love, either for want of capacity or of opportunity;

nor can all people conform to a single mode of conduct. But all people

can attain sincerity in sexual relations, and at least a certain degree

of self-knowledge. Sincerity, self-knowledge, respect for oneself and

for other people; these are essential to a genuine ethic of sex; and

they are uncontemplated by the sanctions of conventional morality. Yet

the person who violates this ethic sins against his own spirit, which

is to sin against the Holy Ghost, and on the spiritual plane he will be

punished.

An increase in extra-legal relationships does not of itself imply

spiritual retrogression. It might imply instead one of two things, or

both, namely: an increase in the economic obstacles to legal marriage;

or a growing disinclination to admit an affair so personal as the

sex-relation to sanction and regulation by people whom it did not

concern. If men and women were economically equal and independent,

the number of marriages might increase enormously; on the other hand,

institutionalized marriage might be superseded by marriage without

legal sanction, which before the birth of children might not be even

known or recognized as marriage.[25] Free people would probably want

less of official interference in their personal affairs, rather than

more. But for those who wanted to avoid the terrors of autonomy there

would still be marriage; and for those who wanted to walk in the strait

and ennobling way of freedom, there would be the right to love without

official permission, and to bring forth children unashamed. Those who

wished to sell themselves would be free to do so if they could find

buyers; but no one would be forced to live by violating the law of love

which is the law of life. Freedom implies the right to live badly, but

it also implies the right to live nobly and beautifully; and for one

who has faith in the essential goodness of the human spirit, in the

natural aspiration towards perfection which flowers with touching

beauty even in the bleak soil of that hardship, degradation and crime

to which injustice condemns the mass of humanity--for one who has this

faith in the human spirit, there can be no question what its ultimate

choice would be.

FOOTNOTES:

[20] Code Napoléon: “_La recherche de la paternité est interdite_.”

This provision was expunged in 1913. In Massachusetts, the father’s

name may not be given in the record of birth except on the written

request of both father and mother. No similar protection against

publicity is provided for the mother.

[21] Lecky, “History of European Morals.” Chapter V.

[22] A recent decision in the State of New York declared that a husband

is not required to fulfil his promise to return money loaned him by his

wife, when she has accumulated it through economy in her housekeeping;

because every saving of the kind is the property of the husband, as are

the services of the wife. The wife has no money of her own.

[23] The State of Wisconsin has made men and women equal before the law.

[24] In countries where the custom of dowry persists the parents are

obviously in a position to exact a great degree of regard for their

wishes, more particularly where economic opportunity is no longer

plentiful. In this country, where abundance of free land made the

support of a family comparatively easy and secure, marriage early

became a matter to be arranged by the contracting parties. In modern

France, on the other hand, it is still largely a matter to be arranged

between families.

[25] Several feminists have already, indeed, urged public sanction

of extra-legal sexual relations, and C. Gasquoine Hartley, with

a genuinely Teutonic passion for order, has even advocated their

regulation by the State. This is probably impossible, for people who

choose such relationships usually do so to escape regulation.

Concerning Women · 第 4 / 7 章