_Reasons for these Legal Disabilities._--The defenders of the
existing legal order, when asked why it is that the civil law deals
so harshly with the illegitimate child, are accustomed to answer
as follows. Marriage is the foundation of society; if the legal
position of the illegitimate child were as good as that of the
legitimate child, this foundation would be shattered. Those who enter
into illegitimate sexual relationships, and even the issue of such
relationships, must incur serious legal disabilities; for otherwise
the principal motive to marriage would be removed, and people would
light-heartedly enter into illegitimate sexual unions. Ordinarily,
it is only upon the basis of permanent marriage that a groundwork
can be erected providing for those moral principles which are the
indispensable preconditions of the legal rights and duties of family
life; only in permanent marriage, and the family life which is the
outcome of permanent marriage, do we obtain adequate guarantees
for the fulfilment of these duties and for the proper exercise of
these rights. It is only in an insignificant minority of instances
that the natural association between an illegitimate child and its
father leads to the formation of a more intimate bond between the
two. In most cases, the father is indifferent and even hostile
to his illegitimate child. He regards it as a burden, and has no
interest in its well-being, or in its bodily and mental development.
Only in the rarest cases does an illegitimate child share directly
in the family life and in the property of the father; and if the
father does take over the care for and upbringing of the child,
he often does this solely in his own financial interest, in order
subsequently to hand over the care of the child to the person who
will undertake this at the cheapest rate. In such cases the moral
and circumstantial prerequisites to the foundation of true family
relationships are utterly lacking; and this is true above all of
those cases in which the fatherhood of the child is not voluntarily
acknowledged, but is admitted as the sequel of a successful bastardy
suit. It has also to be remembered that the proof of the fatherhood
of an illegitimate child, though it cannot be regarded as impossible,
is nevertheless beset by numerous and considerable practical
difficulties; and, in addition, that the adoption of legal measures
to enable the paternity of an illegitimate child to be established
with comparative ease would involve very grave social dangers, if
the acceptance of extensive family responsibilities were to be made
consequent upon such proof of paternity. The laws of inheritance
protect the institution of private property and the institution of
legal marriage; for the integrity of both of these institutions would
be threatened if the illegitimate child were endowed with the right
to inherit its father’s property.
Public-domain text, read in full here on John Shaqi.
Reviews
Reviews
No reviews yet
Be the first to share your thoughts on this work.
Elsewhere in the archive
Join the Discussion
Join the discussion
Sign in to leave a comment or review.
Sign InorCreate an account