Many men now show their wives a delicacy of feeling and allow them a
freedom of action which render these fortunate wives unconscious of
the fact that—in the eyes of the law—they possess these only by the
grace of their husbands. It is not until relations become unhappy that
the wife discovers that all the legal power is placed in the hands of
one, who thus has judicial support if he wishes to use his power alone,
to the exclusion of his wife, or if he wishes to misuse it, to the
detriment of her and the children.
That, in spite of these circumstances, married men so often voluntarily
place themselves in a position of equality with their wives in regard
to authority in the home and with the children is the best proof of
the power of the feelings to protect essential values. And that men, in
spite of these marriage laws, have become more and more considerate,
redounds as much to their credit as their success in becoming human
beings—in spite of all hindrances—redounds to that of royal
personages. Just as the latter have more excuse than others when they
abuse their position, so the same is true of the husband, who must be a
very fair-minded person if an _I will_ is not to be the conclusion of
a difference of opinion between himself and his wife; for not even the
tenderest love will hinder the sense of mastery from flaring up in the
face of her obstinate resistance in one direction or another.
To the majority of men, however—and this is the more the case the
lower they are in other respects—the present marriage law still
forms the great hindrance in the way of their development to a higher
humanity. To have wife and child in his power makes of the wicked man
a torturer, of the low-minded a wretch. There is no exaggeration in
Stuart Mill’s words, that so long as the family is based upon laws
which are at variance with the first principles of social life in other
things, the law will be favouring what education and civilisation are
counteracting in other spheres, namely, the right of force instead of
that of personality. Everywhere—in morals as in politics—it is now
held that not what a man becomes through being born in a certain sex
or class, but what he is personally worth determines the respect he
should enjoy; that only his conduct and merits can be the source of his
power and authority. But marriage reverses the whole of this principle
of modern constitutional law and, therefore, the social application of
the principle of personality has not yet gone beyond the surface.
Public-domain text, read in full here on John Shaqi.
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