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
in other contracts, and no further; the law has no right to dictate the
terms of the marriage contract; it is for the contracting parties to
arrange their own affairs as they will. While, however, the province of
the law should be thus limited in respect to the contracting parties,
it has a clear right to interfere in defence of the interests of any
children who may be born of the marriage, and to compel the parents to
clothe, feed, house, and educate them properly: this duty should, if
need be, be enforced on both parents alike, and the law should recognise
and impose the full discharge of the responsibilities of parents towards
those to whom they have given life. No marriage contract should be
recognised by the law which is entered into by minors; in this, as in
other legal deeds, there should be no capability to contract until the
contracting parties are of full age. A marriage is a partnership, and
should be so regarded by the law, and it should be the aim of those
who are endeavouring to reform marriage, to substitute for the present
semi-barbarous laws a scheme which shall be sober, dignified, and
practicable, and which shall recognise the vital interest of the
community in the union of those who are to be the parents of the next
generation.
Such a deed as I propose would have no legal force at the present time;
and here arises a difficulty: might not a libertine take advantage of
this fact to desert his wife and possibly leave her with a child, or
children, on her hands; to the cold mercy of society which would not
even recognize her as a married woman? Men who, under the present
state of the law, seduce women and then desert them, would probably
do the same if they had gone through a form of marriage which had no
legally binding force; but such men are, fortunately, the exception,
not the rule, and there is no-reason to apprehend an increase of
their number, owing to the proposed action on the part of a number of
thoughtful men and women who are dissatisfied with the present state
of the law, but who have no wish to plunge into debauchery. I freely
acknowledge that it is to be desired that marriage should be legally
binding, and that a father should be compelled to do his share towards
supporting his children; but while English law imposes such a weight of
disability on a married woman, and leaves her utterly in the power
of her husband, however unprincipled, oppressive, and wicked he may
be--short of legal crime--I take leave to think that women have a
fairer chance of happiness and comfort in an unlegalised than in a legal
marriage. There is many an unhappy woman who would be only too glad if
the libertine who has legally married her would desert her, and leave
her, even with the burden of a family, to make for herself and her
children, by her own toil, a home which should at least be pure,
peaceful, and respectable.
Public-domain text, read in full here on John Shaqi.
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