What actual changes in Law and Custom the collective sense of society
will bring about is a matter which in its detail we cannot of course
foresee or determine. But that the drift will be, and must be, towards
greater freedom is pretty clear. Ideally speaking it is plain that
anything like a perfect union must have perfect freedom for its
condition; and while it is quite supposable that a lover might out of
the fulness of his heart make promises and give pledges, it is really
almost inconceivable that anyone having that delicate and proud sense
which marks deep feeling, could possibly _demand_ a promise from his
loved one. As there is undoubtedly a certain natural reticence in
sex, so perhaps the most decent thing in true Marriage would be to say
nothing, make no promises--either for a year or a lifetime. Promises
are bad at any time, and when the heart is full silence befits it best.
Practically, however, since a love of this kind is slow to be realised,
since social custom is slow to change, and since the partial dependence
and slavery of Woman must yet for a while continue, it is likely for
such period that formal contracts of some kind will still be made; only
these (it may be hoped) will lose their irrevocable and rigid character,
and become in some degree adapted to the needs of the contracting
parties.
Such contracts might of course, if adopted, be very very various in
respect to conjugal rights, conditions of termination, division of
property, responsibility for and rights over children, etc. In some
cases* they might be looked upon as preliminary to a more permanent
alliance to be made later on; in others they would provide for
disastrous marriages, a remedy free from the inordinate scandals of the
present Divorce Courts. It may however be said that rather than adopt
any new system of contracts, public opinion in this country would tend
to a simple facilitation of Divorce, and that if the latter were made
(with due provision for the children) to depend on mutual consent,
it would become little more than an affair of registration, and the
scandals of the proceeding would be avoided. In any case we think that
marriage-contracts, if existing at all, must tend more and more to
become matters of private arrangement as far as the relations of husband
and wife are concerned, and that this is likely to happen in proportion
as woman becomes more free, and therefore more competent to act in her
own right. It would be felt intolerable, in any decently constituted
society, that the old blunderbuss of the Law should interfere in the
delicate relations of wedded life. As it is to-day the situation is
most absurd. On the one hand, having been constituted from times back in
favor of the male, the Law still gives to the husband barbarous rights
over the person of his spouse; on the other hand, to compensate for
this, it rushes in with the farcicalities of Breach of Promise; and in
any case, having once pronounced its benediction over a pair--however
Public-domain text, read in full here on John Shaqi.
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