The intelligent woman's guide to socialism and capitalismShaw, Bernard
General
The intelligent woman's guide to socialism and capitalism
Shaw, Bernard
Capitalism; Socialism
When we come to the courts of law the hopeless incompatibility of
inequality of income with justice is so plain that you must have been
struck by it if you ever notice such things. The very first condition
of legal justice is that it shall be no respecter of persons; that it
shall hold the balance impartially between the laborer’s wife and the
millionairess; and that no person shall be deprived of life or liberty
except by the verdict of a jury of her peers, meaning her equals.
Now no laborer is ever tried by a jury of his peers: he is tried by
a jury of ratepayers who have a very strong class prejudice against
him because they have larger incomes, and consider themselves better
men on that account. Even a rich man tried by a common jury has to
reckon with their envy as well as their subservience to wealth. Thus
it is a common saying with us that there is one law for the rich and
another for the poor. This is not strictly true: the law is the same
for everybody: it is the incomes that need changing. The civil law
by which contracts are enforced, and redress given for slanders and
injuries that are not dealt with by the police, requires so much legal
knowledge and artistic eloquence to set it in motion that an ordinary
woman with no legal knowledge or eloquence can get the benefit of
it only by employing lawyers whom she has to pay very highly, which
means, of course, that the rich woman can afford to go to law and the
poor woman cannot. The rich woman can terrorize the poor woman by
threatening to go to law with her if her demands are not complied with.
She can disregard the poor woman’s rights, and tell her that if she is
dissatisfied she can take her complaint into court, knowing very well
that her victim’s poverty and ignorance will prevent her from obtaining
proper legal advice and protection. When a rich woman takes a fancy
to a poor woman’s husband, and persuades him to abandon her, she can
practically buy him by starving the abandoned wife into divorcing
him for a sufficient allowance. In America, where the wife can sue
for damages, the price of the divorce is higher: that is all. When
the abandoned wife cannot be starved into the divorce court she can
stand out for an exorbitant price before setting her husband free to
remarry; and an abandoned husband can sell out likewise. Men and women
now trap one another into marriage with this object to such an extent
that in some States the word alimony has come to mean simply blackmail.
Mind: I am not disparaging either divorce or alimony. What is wrong is
that any woman should by mere superiority of income be able to make
another woman’s husband much more comfortable than his wife can, or
that any man should be able to offer another man’s wife luxuries that
her husband cannot afford: in short, that money should have any weight
whatever either in contracting or dissolving a marriage.
Public-domain text, read in full here on John Shaqi.
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