Perhaps there is not, strictly speaking, any such thing as “scientific”
ethics. It is not the province of science to decide on the ends of
life. Science can show that an ethic is unscientific, in the sense that
it does not minister to any desired end. Science also can show how to
bring the interest of the individual into harmony with that of society.
We make laws against theft, in order that theft may become contrary to
self-interest. We might, on the same ground, make laws to diminish the
number of imbecile children born into the world. There is no evidence
that existing marriage laws, particularly where they are very strict,
serve any social purpose; in this sense we may say that they are
unscientific. But to proclaim the ends of life, and make men conscious
of their value, is not the business of science; it is the business of
the mystic, the artist, and the poet.
Modern Marriage and Ancient Laws
By Arthur Garfield Hays
Arthur Garfield Hays
_is an attorney practicing in New York City. He was manager of the New
York State La Follette campaign, 1924._
MODERN MARRIAGE AND ANCIENT LAWS
BY ARTHUR GARFIELD HAYS
“Are we married?” This was a query recently put to a New York lawyer.
The woman wanted to have been married, but wished not to be married
any longer; at the same time she rather objected to a divorce. The man
did not care much about it, so long as he could marry, or marry again,
without too much inconvenience arising from the earlier entanglement.
The lawyer’s answer was so obvious that it might have been made by a
layman: “How do I know?”
The two had been living together, had called each other husband and
wife, and had in general passed as such, but at the beginning of the
relationship each had felt that if one wanted to be free the other
would not hold him or her; it was agreed that they should have no
financial responsibility for each other and that there should be
nothing about the arrangement which would make it last “till death
do us part.” In speaking of themselves as “husband and wife” they had
intended the words to represent merely a formula of their own.
Public-domain text, read in full here on John Shaqi.
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