A Hundred Years Hence: The Expectations of an OptimistRussell, T. Baron
Philosophy
A Hundred Years Hence: The Expectations of an Optimist
Russell, T. Baron
Forecasting; Twentieth century -- Forecasts
One subject which cannot be neglected in any attempt to foresee the
conditions of the law in the next century is the delicate and difficult
one of marriage laws: and on no subject are differences of opinion so
numerous and so acute. All that seems to be generally agreed is that
under the present system inconveniences and immoralities occur: and
it is (of course) supposed to be a corollary that if the system were
changed these inconveniences and immoralities would disappear. This is
the usual method of considering social difficulties. Hardly anyone will
consent to base plans for the future upon experience of the past. It
is always presumed that new laws can reform abuses, without changes
in the spirit of the age, which gives rise to the abuses. One class of
thinkers, despairing of moral improvement, considers that, immorality
being irremediable, the only thing to be done is to give it sanction;
as it must exist, it must be made respectable and unscandalous. Another
set of reformers would penalise immorality by forbidding the guilty
party in a divorce suit to re-marry, just as there are people who
would prevent the physically unfit from marrying at all. Both forget
that the prohibition of legal unions is much more likely to lead to an
increase of irregular connections than to produce any other effect. No
doubt we could improve the physical standard of the legitimately born
by the prohibition last digressively mentioned: but it would be at
the expense of an increase in illegitimate births accompanied by the
additional disadvantage of bodily weakness. Similarly, so far from
the prohibition of re-marriage restraining the immorally disposed,
it is much more likely that it would encourage them: the fact that a
co-respondent could not be called upon to marry the woman divorced
in consequence of her guilty association with him would hardly act
generally as a deterrent; while, if he had been willing to face the
probable consequences of publicity, expense and inconvenience attending
a liaison with a woman under coverture, the co-respondent would not
think it necessary to abandon his confederate, if he wished, and she
were willing, to continue their connection after all the penalties had
been suffered, merely because the law prevented a regular union. It
is agreed by all jurists that the only justification for the greater
severity with which matrimonial infidelity is visited on women
as compared with men is the greater social degradation with which
society visits women who have offended. To penalise their offence
by prohibiting re-marriage would only perpetuate their degradation,
and does in fact so perpetuate and increase it in countries where
the condemned party in a divorce is forbidden the altar.
Public-domain text, read in full here on John Shaqi.
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