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Part 3 Chapter 29 The Institution of Marriage

The individual attitudes of men to women and of women to men are necessarily determined to a large extent by certain general ideas of relationship, by institutions and conventions. One of the most important and debatable of these is whether we are to consider and treat women as citizens and fellows, or as beings differing mentally from men and grouped in positions of at least material dependence to individual men. Our decision in that direction will affect all our conduct from the larger matters down to the smallest points of deportment; it will affect even our manner of address and determine whether when we speak to a woman we shall be as frank and unaffected as with a man or touched with a faint suggestion of the reserves of a cat which does not wish to be suspected of wanting to steal the milk.

Now so far as that goes it follows almost necessarily from my views upon aristocracy and democracy that I declare for the conventional equality of women, that is to say for the determination to make neither sex nor any sexual characteristic a standard of superiority or inferiority, for the view that a woman is a person as important and necessary, as much to be consulted, and entitled to as much freedom of action as a man. I admit that this decision is a choice into which temperament enters, that I cannot produce compelling reasons why anyone else should adopt my view. I can produce considerations in support of my view, that is all. But they are so implicit in all that has gone before that I will not trouble to detail them here.

The conception of equality and fellowship between men and women is an idea at least as old as Plato and one that has recurred wherever civilization has reached a phase in which men and women were sufficiently released from militant and economic urgency to talk and read and think. But it has never yet been, at least in the historical period and in any but isolated social groups, a working structural idea. The working structural idea is the Patriarchal Family in which the woman is inferior and submits herself and is subordinated to the man, the head of the family.

We live in a constantly changing development and modification of that tradition. It is well to bring that factor of constant change into mind at the outset of this discussion and to keep it there. To forget it, and it is commonly forgotten, is to falsify every issue. Marriage and the Family are perennially fluctuating institutions, and probably scarcely anything in modern life is changing so much; they are in their legal constitution or their moral and emotional quality profoundly different things from what they were a hundred years ago. A woman who marries nowadays marries, if one may put it quantitatively, far less than she did even half a century ago; the married woman’s property act, for example, has revolutionized the economic relationship; her husband has lost his right to assault her and he cannot even compel her to cohabit with him if she refuses to do so. Legal separations and divorces have come to modify the quality and logical consequences of the bond. The rights of parent over the child have been even more completely qualified. The State has come in as protector and educator of the children, taking over personal powers and responsibilities that have been essential to the family institution ever since the dawn of history. It inserts itself more and more between child and parent. It invades what were once the most sacred intimacies, and the Salvation Army is now promoting legislation to invade those overcrowded homes in which children (it is estimated to the number of thirty or forty thousand) are living as I write, daily witnesses of their mother’s prostitution or in constant danger of incestuous attack from drunken fathers and brothers. And finally as another indication of profound differences, births were almost universally accidental a hundred years ago; they are now in an increasing number of families controlled and deliberate acts of will. In every one of their relations do Marriage and the Family change and continue to change.

But the inherent defectiveness of the human mind which my metaphysical book sets itself to analyze, does lead it constantly to speak of Marriage and the Family as things as fixed and unalterable as, let us say, the characteristics of oxygen. One is asked, Do you believe in Marriage and the Family? as if it was a case of either having or not having some definite thing. Socialists are accused of being “against the Family,” as if it were not the case that Socialists, Individualists, high Anglicans and Roman Catholics are ALL against Marriage and the Family as these institutions exist at the present time. But once we have realized the absurdity of this absolute treatment, then it should become clear that with it goes most of the fabric of right and wrong, and nearly all those arbitrary standards by which we classify people into moral and immoral. Those last words are used when as a matter of fact we mean either conforming or failing to conform to changing laws and developing institutional customs we may or may not consider right or wrong. Their use imparts a flavour of essential wrong-doing and obliquity into acts and relations that may be in many cases no more than social indiscipline, which may be even conceivably a courageous act of defiance to an obsolescent limitation. Such, until a little while ago, was a man’s cohabitation with his deceased wife’s sister. This, which was scandalous yesterday, is now a legally honourable relationship, albeit I believe still regarded by the high Anglican as incestuous wickedness.

Now I will not deal here with the institutional changes that are involved in that general scheme of progress called Socialism. I have discussed the relation of Socialism to Marriage and the Family quite fully in my “New Worlds for Old” (“New Worlds for Old” (A. Constable and Co., 1908).) and to that I must refer the reader. Therein he will see how the economic freedom and independent citizenship of women, and indeed also the welfare of the whole next generation, hang on the idea of endowing motherhood, and he will find too how much of the nature of the marriage contract is outside the scope of Socialist proposals altogether.

Apart from the broad proposals of Socialism, as a matter of personal conviction quite outside the scope of Socialism altogether, I am persuaded of the need of much greater facilities of divorce than exist at present, divorce on the score of mutual consent, of faithlessness, of simple cruelty, of insanity, habitual vice or the prolonged imprisonment of either party. And this being so I find it impossible to condemn on any ground, except that it is “breaking ranks” and making a confusion, those who by anticipating such wide facilities as I propose have sinned by existing standards. How far and in what manner such breaking of ranks is to be condoned I will presently discuss. But it is clear it is an offence of a different nature from actions one believes to be............

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