Getting Married

and coldness as by indulgence, and that the notion that natural parents are any worse than adopted parents is probably as complete an illusion as the notion that they are any better, see no serious likelihood that State action will detach children from their parents more than it does at present: nay, it is even likely that the present system of taking the children out of the parents’ hands and having the parental duty performed by officials, will, as poverty and ignorance become the exception instead of the rule, give way to the system of simply requiring certain results, beginning with the baby’s weight and ending perhaps with some sort of practical arts degree, but leaving parents and children to achieve the results as they best may. Such freedom is, of course, impossible in our present poverty-stricken circumstances. As long as the masses of our people are too poor to be good parents or good anything else except beasts of burden, it is no use requiring much more from them but hewing of wood and drawing of water: whatever is to be done must be done for them mostly, alas! by people whose superiority is merely technical. Until we abolish poverty it is impossible to push rational measures of any kind very far: the wolf at the door will compel us to live in a state of siege and to do everything by a bureaucratic martial law that would be quite unnecessary and indeed intolerable in a prosperous community. But however we settle the question, we must make the parent justify his custody of the child exactly as we should make a stranger justify it. If a family is not achieving the purposes of a family it should be dissolved just as a marriage should when it, too, is not achieving the purposes of marriage. The notion that there is or ever can be anything magical and inviolable in the legal relations of domesticity, and the curious confusion of ideas which makes some of our bishops imagine that in the phrase “Whom God hath joined,” the word God means the district registrar or the Reverend John Smith or William Jones, must be got rid of. Means of breaking up undesirable families are as necessary to the preservation of the family as means of dissolving undesirable marriages are to the preservation of marriage. If our domestic laws are kept so inhuman that they at last provoke a furious general insurrection against them as they already provoke many private ones, we shall in a very literal sense empty the baby out with the bath by abolishing an institution which needs nothing more than a little obvious and easy rationalizing to make it not only harmless but comfortable, honorable, and useful.

The Cost of Divorce

But please do not imagine that the evils of indissoluble marriage can be cured by divorce laws administered on our present plan. The very cheapest undefended divorce, even when conducted by a solicitor for its own sake and that of humanity, costs at least 30 pounds out-of-pocket expenses. To a client on business terms it costs about three times as much. Until divorce is as cheap as marriage, marriage will remain indissoluble for all except the handful of people to whom 100 pounds is a procurable sum. For the enormous majority of us there is no difference in this respect between a hundred and a quadrillion. Divorce is the one thing you may not sue for in forma pauperis.

Let me, then, recommend as follows:

1. Make divorce as easy, as cheap, and as private as marriage.

2. Grant divorce at the request of either party, whether the other consents or not; and admit no other ground than the request, which should be made without stating any reasons.

3. Confine the power of dissolving marriage for misconduct to the State acting on the petition of the king’s proctor or other suitable functionary, who may, however, be moved by either party to intervene in ordinary request cases, not to prevent the divorce taking place, but to enforce alimony if it be refused and the case is one which needs it.

4. Make it impossible for marriage to be used as a punishment as it is at present. Send the husband and wife to penal servitude if you disapprove of their conduct and want to punish them; but do not send them back to perpetual wedlock.

5. If, on the other hand, you think a couple perfectly innocent and well conducted, do not condemn them also to perpetual wedlock against their wills, thereby making the treatment of what you consider innocence on both sides the same as the treatment of what you consider guilt on both sides.

6. Place the work of a wife and mother on the same footing as other work: that is, on the footing of labor worthy of its hire; and provide for unemployment in it exactly as for unemployment in shipbuilding or an other recognized bread-winning trade.

7. And take and deal with all the consequences of these acts of justice instead of letting yourself be frightened out of reason and good sense by fear of consequences. We must finally adapt our institutions to human nature. In the long run our present plan of trying to force human nature into a mould of existing abuses, superstitions, and corrupt interests, produces the explosive forces that wreck civilization.

8. Never forget that if you leave your law to judges and your religion to bishops, you will presently find yourself without either law or religion. If you doubt this, ask any decent judge or bishop. Do not ask somebody who does not know what a judge is, or what a bishop is, or what the law is, or what religion is. In other words, do not ask your newspaper. Journalists are too poorly paid in this country to know anything that is fit for publication.

Conclusions

To sum up, we have to depend on the solution of the problem of unemployment, probably on the principles laid down in the Minority Report of