This—like all other obsolete laws—is meaningless to the erotically
refined, who live above the law’s standpoint. But the lower the
level, the more certainly does the husband enforce his “right” under
circumstances the most repulsive or most dangerous to the wife, just
as—contrary to his present right—he extorts from her the earnings of
her labour.
No law will be able to hinder the wife from continuing voluntarily to
allow her husband to violate her person, squander her property, or ruin
her children; for the law cannot seal up the sources of weakness and
conflict which arise from the human being’s own nature.
But what we have a right to demand of the marriage law is that it shall
cease itself to extend these sources.
The law must be so contrived that it leaves to happiness the greatest
possible freedom for its own formative power, while, on the other hand,
it limits as far as possible the consequences of unhappiness; and this
can be brought about only by each party’s complete independence of the
other.
It is, therefore, not sufficient that the husband’s guardianship and
the wife’s legal incapacity should cease. Every provision also which
has for its object to bind the wife by her husband’s condition and
circumstances must be revoked.
The majority of men now cherish the belief that a wife who leaves her
husband’s house can be brought back with the aid of the law. This is,
doubtless, a mistake. But even if the letter of the law in this case
also is better than the popular idea of it, the whole spirit of the
law, nevertheless, entails the obligation of married people to live
together.
The more personality is developed, however, the more uncertain
it becomes that every person’s erotic needs are answered by this
arrangement. There are, on the contrary, such natures as would have
loved for life, if they had not, day after day, year after year, been
forced to adapt their wills, their habits, and their opinions to
one another. Nay, many misfortunes depend upon pure trifles, which
two people with courage and foresight might easily have dealt with,
if the instinct of happiness had not been silenced by consideration
for convention. The more a woman has enjoyed personal liberty before
marriage, the less she can endure not to have a moment or a corner in
her home which she can call her own. And the more the people of the
present day enlarge their individual freedom of movement, their need of
solitude in other respects, the more will both man and woman enlarge
them in marriage.
But even if those desiring solitude remain in the minority, they must
still be granted both by the law and by public opinion full liberty to
shape their married life according to their own requirements.
Public-domain text, read in full here on John Shaqi.
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