_A Radical Reform._--Marriage will best be protected by preventing
the birth of illegitimate children. This can only be effected
by imposing upon the father of an illegitimate child the same
responsibilities that are now imposed upon the father of a legitimate
child. Men would be much more careful to avoid the procreation of
illegitimate children if they were unable to get off so cheaply as
they can to-day. The objection that in the moment of passion no
one thinks of consequences is unsound. In most cases, before the
sexual act there is a period in which the man has leisure to think
of the consequences of what he is going to do. The fact that in
countries in which inquiry into paternity is permitted the number
of illegitimate children is no smaller than in countries in which
such inquiry is forbidden, proves nothing. For other circumstances
besides this influence the number of illegitimate children, and in
the Teutonic countries it is probable that inquiry into paternity
is permitted only in order to counteract these other factors. The
objection that such regulations as have been proposed would promote
immorality, that they would make women far more ready than they are
at present to enter into an illicit sexual relationship, and would
thus lead to an increase in the number of illegitimate children, is
unsound. The present system tends to render inoperative factors which
might exercise a great influence on the conduct of the stronger sex.
Moreover, all these objections are rendered nugatory by the fact
that hitherto the most severe punishments and the most extreme moral
condemnation of illegitimate sexual relationships have not sufficed
to hinder these.
It is objected that the proposed reforms could only be introduced
in association with the abolition of monogamy and the introduction
of free love. If the legal consequences of marriage and of
illegitimate sexual union were made identical, there would be no
reason for entering the marriage state, for monogamy would be a
legal institution without any peculiar legal consequences. But in
marriage three distinct legal relationships have to be considered:
the mutual relationship of husband and wife, their relationship to
persons outside the family, and the relationship of the parents to
their children. The fact that the children resulting from a sexual
relationship are legitimised does not constitute that relationship a
marriage.
In the interest of the illegitimate child the argument is often
put forward that it is not right for the illegitimate child to be
punished for the errors of its parents. This argument is totally
false. If the interest of marriage and that of society really
demanded that the legal position of the illegitimate child should be
an unfavourable one, the circumstance that the child is blameless
is altogether irrelevant. The interest of society is paramount, and
in case of need even innocent children must be sacrificed to this
interest.
CHAPTER IV
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