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earning a living differ. The remnants of man’s privileges have little importance. They are privileges of honour. The wife, for instance, still



bears her husband’s name. This evolution of marriage hastaken place by way of the law relatingto the property of married persons. Woman’s position in marriage was improved as theprinciple of violence was thrust back, and as the idea of contract advanced in other fields of theLaw of Property it necessarily transformed the property relations between the married couple. the wife was hid from the power of her husband for the first time when she gained legal rights over the wealth which she brought into marriage and which she acquired during marriage, and when that which her husband customarily gave her was



transformed into allowances enforceable by law. [63] Thus marriage, as we know it, has come into existence entirely as a result of the contractual idea penetrating into this sphere of life. All our cherished ideals of marriage have grown out of this idea. That marriage unites one man and one woman, that it can be entered into only with the hi will of both parties, that it imposes a duty of mutual fidelity, that a man’s violations of the marriage vows are to be judged no differently from a woman’s, that the rights of husband and wife are essentially the same—these principles develop from the contractual attitude to the problem of marital life. No people can boast that their ancestors thought of marriage as we think of it today. Science cannot judge whether morals were once more severe than they are now. We can establish only that our views of what marriage should be are different from the views of past generations and that their ideal of marriage seems immoral in our eyes.


When panegyrists of the good old morality execrate the institution of divorce and separation they are probably right in hierting that no such things existed formerly. The right to cast off his wife whichman once possessed in no way resembles the modern law of divorce.Nothing ilhirates more clearly the great change of attitude than the contrast between these two institutions. And when the Church takes the lead in the struggle against divorce, it is well to remember that the existence of the modern marriage ideal of monogamy—of husband and wife with equal rights—in the defence of which the Church wishes to intervene, is theresult of capitalist, and not ecclesiastical, development.4: The Problems of Married Life?


In the modern contractual marriage, which takes place at the desire of husband and wife, marriage and love are united. Marriage appears morally justified only when it is concluded for love; without love between the bridal couple it seems improper. We find strange those royal weddings which are arranged at a distance,and in which, as in most of the thinking and acting of theruling Houses, the age of violence is echoed. The fact that they find it necessary to represent these marriages to the public as love marriages shows that even royal families have not been able to escape the


bourgeois marriage ideal. The conflicts of modern married life spring first of all from the necessarily limited duration of phiion in a contract concluded for life. “die leidenschaft flieht, die liebe muss bleiben” (“phiion flies, love must remain”), says Schiller, the poet of bourgeois married life. In most marriages blessed with children, married love fades slowly and unnoticeably; in its place develops a friendly affection which for a long .





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