hateful the alliance may turn out to be to both parties, and however
obvious its failure to the whole world--the stupid old thing blinks
owlishly on at its own work, and professes itself totally unable to undo
the knot which once it tied!
* As suggested by Mrs. H. Ellis in her pamphlet A Noviciate
for Marriage.
The only point where there is a permanent ground for
State-interference--and where indeed there is no doubt that the public
authority should in some way make itself felt--is in the matter of the
children resulting from any alliance. Here the relation of the pair
ceases to be private and becomes social; and the interests of the child
itself, and of the nation whose future citizen the child is, have to be
safe-guarded. Any contracts, or any proposals of divorce, before they
could be sanctioned by the public authority, would have to contain
satisfactory provisions for the care and maintenance of the children
in such casualties as might ensue; nor ought there to be maintained any
legal distinction between 'natural' and 'legitimate' children, since
it is clear that whatever individuals or society at large may, in the
former case, think of the conduct of the parents, no disability
should on that account accrue to the child, nor should the parents (if
identifiable) be able to escape their full responsibility for bringing
it into the world.
If it be objected that such private contracts, or such facilitations of
Divorce, as here spoken of, would simply lead to frivolous experimental
relationships entered into and broken-off _ad infinitum_, it must be
remembered that the responsibility for due rearing and maintenance of
children must give serious pause to such a career; and that to suppose
that any great mass of the people would find their good in a kind of
matrimonial game of General Post is to suppose that the mass of the
people have really never acquired or been taught the rudiments of common
sense in such matters--is to suppose a case for which there would hardly
be a parallel in the customs of any nation or tribe that we know of.
In conclusion, it is evident that no very great change for the better
in marriage-relations can take place except as the accompaniment of
deep-lying changes in Society at large; and that alterations in the
Law alone will effect but a limited improvement. Indeed it is not very
likely, as long as the present commercial order of society lasts,
that the existing Marriage-laws--founded as they are on the idea of
property--will be very radically altered, though they may be to some
extent. More likely is it that, underneath the law, the common practice
will slide forward into newer customs. With the rise of the new society,
which is already outlining itself within the structure of the old, many
of the difficulties and bugbears, that at present seem to stand in the
way of a more healthy relation between the sexes, will of themselves
disappear.
Public-domain text, read in full here on John Shaqi.
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