The constitution violated : $b An essayButler, Josephine Elizabeth Grey
History
The constitution violated : $b An essay
Butler, Josephine Elizabeth Grey
Constitutional law -- Great Britain; Prostitutes -- Legal status, laws, etc. -- Great Britain
The object of representative government is to make the recognition of
the principle that the interests of all are identical, preventive rather
than remedial. What I mean by this will be best illustrated by the very
case with which we are dealing. The Contagious Diseases Acts are based
on the fundamental assumption that the interests of women, as a class,
can be neglected, while those of men can be cherished. It is an
erroneous basis on which to make any law, for it is a contradiction of
the law of God. Evil fruits must always follow for the whole nation
which permits its rulers to act on such an assumption. In the case in
point these evil fruits are easily detected, and the fatal operation of
the bad principle is easily traced; hence those who already possess the
franchise may be trusted to repeal these Acts. But though in this
instance the path of return from error may be short, still it is a path
of _return_. It is a retracing of our steps, the necessity of which has
been brought about by abnormal conditions; and there exists in our
representative government no guarantee against the repetition of such
errors in the future. The nation has to be recalled from error to
rectitude; it has to purge itself; to recover a great principle; and if
God grant that it returns to that principle from the expectation rather
than from the experience of the miseries of violating it, that result
will be one which does not flow naturally from our present partial
representative system, but which has been induced upon it from without.
The aim of representative government is to make the recognition of the
identity of the interests of all a continual and natural process; and
until women have votes, that which stands between this nation and the
evil consequences of violating this principle is only the precarious
barrier of “agitation.” Until women possess the franchise the system of
our government will be unstable and not self-corrective. And this is
much more evident in the present day than in former times, and is daily
becoming more evident. There are great social questions pressing for
consideration and for settlement; and so long as one sex undertakes to
consider these questions alone, we shall be hurried into errors similar
to the Contagious Diseases Acts, and into legislation based upon the
neglect of the interests of women—a neglect which in all instances will
prove, as in this it most emphatically proves, fatal to those imagined
interests on behalf of which these are neglected. Legislation can never
in these days, and at the stage of civilisation which we have reached,
be just and pure until women are represented. Do not let the reader here
for a moment suppose that I am attributing to men any intentional
injustice, or that I am supposing that they will be actuated in general
by anything but benevolent intentions towards women. But the safety and
stability of all that is done in the nation depends, not upon the
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