_Introductory._--The two chief purposes of human life are, first, the
maintenance of the individuals of the species, and, secondly, the
reproduction of the species. The laws relating to property subserve
the former aim; those relating to the family subserve the latter.
Property itself is the central feature of the former, and the family
is the central feature of the latter.
_Parental Authority and Marriage._--The laws of family life are based
upon a physiological or psychological foundation, the love of parents
for their children. In cases in which the legal regulation of family
life is unduly harsh--as in the case of the maintenance in former
times of parental authority in the interest of the parents--parental
love exercises a mitigating and counteracting influence.
To-day, the duty of parents to devote themselves to the careful
upbringing of their children is universally accepted on principle.
(There is but one exception to this generalisation: the duty of the
father to provide for the upbringing of an illegitimate child is
not as yet generally accepted on principle.) The duty of parents
to provide for the upbringing of their children is one prescribed,
not only by nature and morality, but also by the laws of human
society. And yet this duty is not directly established by law;
although it seems possible that children might be able to enforce by
legal process the duty of their parents to exercise their parental
authority in accordance with accepted rules. The obligation to
provide for the upbringing of their children is legally imposed
on parents, if only for the reason that the liabilities thus
incurred through the sexual act withhold many persons from needless
and excessive sexual indulgence--and such conditional abstinence
is advantageous, not merely to the individual, but also to the
community. The upbringing of children rests upon the legal basis of
parental authority. The suitable upbringing of the offspring is best
ensured when the legal relationships between the sexes are properly
regulated. In all times, the essence of such regulation has consisted
in the fact that a particular form of sexual union offers certain
advantages, but that the acceptance of these advantages involves the
performance of certain duties. This particular form of sexual union
is known as marriage.
_History of Marriage._--It is a debatable question whether matriarchy
ever really existed. The question interests us here only for the
reason that many modern scholars, including many Socialists, contend
that matriarchy did at one time really exist; and they infer from
this that a time will come in which the sexes will have equal rights.
In actual fact, in recent times, the importance of patriarchy--the
father right--has continually diminished.
Public-domain text, read in full here on John Shaqi.
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