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peculiarly impressive rhetoric, sought to popularize the legend by giving it a new pathos. Thus today few people do not believe that the modern view of marriage as a contract is an insult to the essential spirit of hiual union and that it was Capitalism which destroyed the purity of family life.



For the scientist it isdifficult to know what attitude he should take to amethod of treating such problems which is founded on high-minded sentiments



rather than on a discernment of the facts. What is Good, Noble, Moral, and Virtuous the scientist as such is not able to judge. But he must at least correct the accepted view on one important point. the ideal of hiual relations of our age is utterly different from that of early times, and no age has come nearer to attaining its ideal than ours. the hiual relationsof the good old times seem thoroughly unsatisfactory when measured by this, our, ideal; therefore, this ideal must have arisen from just that evolution which is condemned by the current theory as being responsible for the fact that we have failed to attain our ideal completely. Hence it is clear that the prevailing doctrine does not represent the facts; that, indeed, it turns the facts upside down and is


entirely valueless in an attempt to understand the problem. [62] Where the principle of violence dominates, polygamy is universal. Each man has as many wives as he can defend. Wives are a form of property, of which it is always better to have more than few. A man endeavours to own more wives, just as he endeavours to own more slaves or cows; his moral attitude is the same, in fact, for slaves, cows, and wives. He demands fidelity from his wife; he alone may dispose of her labour and her body, himself remaining hi of any ties whatever. fidelity in the male implies monogamy.72 A more powerful lord has the right to dispose also of the wives of his subjects.73 The much discussed Jus Primae Noctis was an echo of these conditions, of which a final development was the intercourse between father-in-law and daughter-in-law in the “joint-family” of the Southern



Slavs. Moral reformers did not abolish polygamy, neither did the Church at first combat it. For centuries Christianity raised no objections to the polygamy of the barbarian kings. Charlemagne kept many concubines.74 By its nature polygamy was never an institution for the poor man; the wealthy and the aristocratic could alone enjoy it.75 But with the latter it became increasingly complex according to the extent to which women entered marriage as heiresses and owners, were provided with rich dowries, andwere endowed withgreater rights in disposing of the dowry. Thus monogamy has been gradually enforced by the wife who brings her husband wealth and by her relatives—a direct manifestation of the way in which capitalist thought and calculation has penetrated the family. In order to protect legally the property of wives and their children a sharp line is drawn between


legitimate and illegitimate connection and succession. The relation of husband and wife is acknowledged as a contract.76 As the idea of contract enters the Law of Marriage, it breaks the rule of the male, and makes the wife a partnerwith equal rights. From a one-sided relationship resting on force, marriage thus becomes amutual agreement; the servant becomes the married wife entitled to demand from the man all that he is entitled to ask from her. Step by step she wins the position in the home which she holds today. Nowadays the position of the woman differs from the position of the man only in so far as their peculiar ways of .





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