Marriage, As It Was, As It Is, and As It Should Be: A Plea for ReformBesant, Annie
Philosophy
Marriage, As It Was, As It Is, and As It Should Be: A Plea for Reform
Besant, Annie
Marriage -- Great Britain; Marriage law -- Great Britain
Looking at a woman's position both as wife and mother, it is impossible
not to recognise the fact that marriage is a direct disadvantage to her.
In an unlegalised union the woman retains possession of all her
natural rights; she is mistress of her own actions, of her body, of her
property; she is able to legally defend herself against attack; all the
Courts are open to protect her; she forfeits none of her rights as an
Englishwoman; she keeps intact her liberty and her independence; she has
no master; she owes obedience to the laws alone. If she have a child,
the law acknowledges her rights over it, and no man can use her love for
it as an engine of torture to force her into compliance with his will.
Two disadvantages, however, attach to unlegalised unions; first, the
woman has to face social disapprobation, although of late years, as
women have been coming more to the front, this difficulty has been very
much decreased, for women have begun to recognise the extreme injustice
of the laws, and both men and women of advanced views have advocated
great changes in the marriage contract. The second disadvantage is of
a more serious character: the children proceeding from an unlegalised
union have not the same rights as those born in legal wedlock, do not
inherit as of right, and have no legal name. These injustices can be
prevented by care in making testamentary dispositions protecting them,
and by registering the surname, but the fact of the original unfairness
still remains, and any carelessness on the parents' part will result in
real injury to the child. It must also be remembered that the father, in
such a case, has no rights over his children, and this is as unfair to
him as the reverse is to the mother. As the law now is, both legal and
illegal unions have disadvantages connected with them, and there is only
a choice between evils; these evils are however, overwhelmingly greater
on the side of legal unions as may be seen by the foregoing sketch of
the disabilities imposed on women by marriage. So great are these that
a wise and self-respecting woman may well hesitate to enter into a
contract of marriage while the laws remain as they are, and a man who
really honours a woman must reluctantly subject her to the disadvantages
imposed on the English wife, when he asks her to take him as literally
her master and, owner. The relative position is as dishonouring to the
man as it is insulting to the woman, and good men revolt against it as
hotly as do the most high-spirited women. In happy marriages all these
laws are ignored, and it is only at rare intervals that the married
pair become conscious of their existence. Some argue that this being so,
small practical harm results from the legal injustice; it would be as
sensible to argue that as honest people do not want to thieve, it would
not be injurious to public morality to have laws on the statute book
legalising garotting. Laws are made to prevent injustice being committed
Public-domain text, read in full here on John Shaqi.
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