Not until an incorruptible realism establishes the principle within
the family as elsewhere, that each retains his own head and that every
labourer is worthy of his hire, will idealism find there a full field
for unforced generosity in the free will of mutual help.
While what is said above applies to all women who wish to work at
home, it need not apply to those who are able through the fortune they
brought with them to meet their household expenses and those of the
children and who wish in return to be free from the trouble of domestic
work.
Every attempt at mediation in the question of married women’s
property—such as an obligatory marriage settlement and similar
proposals—only introduces endless complications. It will be simple and
clear only when—as in Russia even from the time of Catherine II—the
woman simply retains her fortune. The law ought to express the great
principle, that either party owns what is his or hers, while those,
on the other hand, who desire to introduce another arrangement, must
decide by contract how much of the property is to be held jointly.
Only a separation of property carried out as a principle will be
able to form the new and clear ideas of justice that the present
time demands. A separate estate places two individuals side by side,
co-operating with the freedom that is enjoyed by a brother and sister
or two friends. Both parties retain full right of decision and full
responsibility. Either leaves transactions to the other only in that
degree that the other’s qualities have won his confidence. Both show
each other mutual consideration in the planning of joint undertakings
and neither can be drawn into such without a personal examination.
The rights of a third party are, in these circumstances, equally
well protected as when brothers and sisters or friends work or live
together. For the mutual transactions of married people must to this
end have the same publicity as all other similar transactions between
business partners.
Not only as regards her property, but also in her full civil rights
and the disposition of her person, the married woman must be placed on
an equal footing with the unmarried. It is true that the law is not so
favourable as many people believe to “conjugal rights.” But this belief
has survived for centuries and in turn influences morals; moreover,
it is not without a certain legal support, in case such a question is
brought into court. As a rule, of course, this does not happen, but, on
the other hand, the idea of legality—which is further encouraged by
the Bible—influences the husband’s sense of right and the wife’s sense
of duty. So long as the law maintains even a shadow of “rights” in that
relation which ought to be the most voluntary of all, it involves a
gross violation of love’s freedom.
Public-domain text, read in full here on John Shaqi.
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