Finally, marriage binds the wife to the husband and him to her, by the
fact that neither can obtain a divorce without the other’s consent
unless certain acts of ill-treatment or misconduct can be proved. Even
when married people agree to a divorce, it entails a painful procedure
for both of them and poor guarantees for the children’s welfare. If
the man refuses a divorce, the woman—owing to the above-mentioned
obligation of proof, frequently impossible—is forced to remain with
a man she despises, since only thus can she keep her children and
receive support. If the husband is no longer capable of providing this;
if, perhaps, he has squandered means belonging to her which would
have provided it; nay, if the wife, by her own work, is keeping him,
herself, and the children, he still retains the same authority over her
and them.
The unmarried woman, on the other hand, who has given her love
“freely”—that is, without legal compensation in the form of a right
of maintenance—retains full authority over her children, as well as
personal liberty, responsibility, and civil rights. In other words,
she retains all that gives her a dignified position as a human being
in society—but loses the respect of society and economic security.
The married woman, on the other hand, loses all that is important to a
member of society of full age, but retains the respect of society, her
right of inheritance, and her support.
Truly, society has not made it easy for woman to fulfil her “natural
mission”! That she nevertheless—under one or other of these two
alternatives—still gladly performs it, is strong evidence that
it must be the most powerful demand of her nature. If other needs
become stronger—as is already the case with some women—then the
conditions of either alternative will be unacceptable. And as the new
women are still less likely to content themselves with the two other
extremes—lifelong asceticism or prostitution—a new marriage has
become for them a condition of life.
The marriage law now in force is a geological formation, with
stratifications belonging to various phases of culture now concluded.
Our own phase alone has left few and unimportant traces in it.
It has been perceived in our time that love ought to be the moral
ground of marriage. And love rests upon equality. But the law of
marriage dates from a time when the importance of love was not yet
recognised. It, therefore, rests upon the inequality between a lord and
his dependent.
Our time has given to the unmarried woman the opportunity of making
her own living, a legal status, and civil rights. But the marriage law
dates from a time when women had none of these things. The married
woman, thus, under this law, now occupies a position in sharp contrast
to the independence of the unmarried, which has been acquired since
that time.
Public-domain text, read in full here on John Shaqi.
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