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
Next, the system of judicial separation should be entirely swept away.
Wherever divorce is granted at all, the divorce should be absolute. No
useful end is gained by divorcing people practically and regarding them
as married legally. A technical tie is kept up, which retains on the
wife the mass of disabilities which flow from marriage, while depriving
her of all the privileges, and which widows both man and woman, exiling
them from home-life and debarring them from love. Judicial separation is
a direct incentive to licentiousness and secret sexual intercourse; the
partially divorced husband, refused any recognised companion, either
indulges in promiscuous lust, to the ruin of his body and mind, or
privately lives with some woman whom the law forbids him to marry and
whom he is ashamed to openly acknowledge. Meanwhile the semi-divorced
wife can obtain no relief, and is compelled to live on, without the
freedom of the spinster or the widow, or the social consideration of the
married woman. She can only obtain freedom by committing what the law
and society brand as adultery; if she has any scruples on this head, she
must remain alone, unloved and without home, living a sad, solitary life
until death, more merciful than the law, sets her free.
It is hard to see what object there can be in separating a married
couple, in breaking up the home, dividing the children, and yet
maintaining the fact of marriage just so far as shall prevent the
separated couple from forming new ties; the position of those who regard
divorce as altogether sinful, is intelligible, however mistaken; but
the position of those who advocate divorce, but object to the divorced
couple having the right of contracting a new marriage, is wholly
incomprehensible. No one profits by such divorce, while the separated
couple are left in a dubious and most unsatisfactory condition; they are
neither married nor unmarried; they can never shake themselves free from
the links of the broken chain; they carry about with them the perpetual
mark of their misfortune, and can never escape from the blunder
committed in their youth. They would be the happier, and society would
be the healthier, if the divorce of life and of interests were also a
divorce which should set them free to seek happiness, if they will, in
other unions--free technically as well as really, free in law as well as
in fact.
Public-domain text, read in full here on John Shaqi.
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