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
arise in connection with the dual home, and these cannot be ignored by
sensible men and women. The contract does not touch with rude hands
the sensitive plant of love; it concerns itself only with the garden
in which the plant grows, and two people can no more live on love alone
than a plant can grow without earth around its roots. A contract which
removes occasions of disagreement in business matters shelters and
protects the love from receiving many a rude shock. "Society will ere
long," said Mr. Conway, "be glad enough to assimilate contracts between
man and woman to contracts between partners in business. Then love will
dispense alike with the bandage on its eyes and the constable's aid."
Some pre-nuptial arrangement seems necessary which shall decide as to
the right of inheritance of the survivor of the married pair. As common
property will grow up during the union, such property should pass to
the survivor and the children, and until some law be made which shall
prevent parents from alienating from their children the whole of their
property, a provision guarding their inheritance should find its place
in the proposed deed. A definite marriage contract is also desirable for
the sake of the children who may proceed from the union. Society has a
right to demand from those who bring new members into it, some
contract which shall enable it to compel them to discharge their
responsibilities, if they endeavour to avoid them. If all men and women
were perfect, no contract would be necessary, any more than it would be
necessary to have laws against murder and theft; but while men and women
are as they are, some compulsive power against evil-doers must be held
in reserve by the law. Society is bound to guard the interests of the
helpless children, and this can only be done by a clear and definite
arrangement which makes both father and mother responsible for the lives
they have brought into existence, and which shows the parentage in a
fashion which could go into a law-court should any dispute arise.
Again, if there were no contract, in whom would the guardianship of the
children be vested, in case of wrongdoing of either parent, of death,
or of separation? Suppose a brutal father: his wife leaves him and takes
the children with her; how is she to keep them if he claims and takes
them? If she has the legal remedy of divorce, the Court awards her the
guardianship and she is safe from molestation. If a wife elope,
taking the children with her, is the father to have no right to the
guardianship of his sons and daughters, but to remain passive while they
pass under the authority of another man? Application for divorce would
guard him from such a wrong. If the parents separate, and both desire to
have the children, how can such contest be decided, save by appeal to
an impartial law? Marriage, as before urged, is a partnership, and where
common duties, common interests, and common responsibilities grow up,
Public-domain text, read in full here on John Shaqi.
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