Many Socialists complain that British laws, and American laws too, are not collected and codified. Hence the citizen does not, and cannot, know the law. "What is called 'the law' is something that no lawyer can learn in a lifetime, both on account of the bulk of the Reports, and because he never can be absolutely certain what is good and what is bad law. The profession chooses rather than ascertains the law."[894] Owing to lack of a code of laws, the law is uncertain and exceedingly costly. Hence the poor man can obtain justice only with difficulty, if at all. Besides, "The fear of litigation is a weapon society places in the hands of the rich man to coerce the poor man, irrespective of the merits of the case, by dangling ruin before him."[895] There is much justification for these complaints.

We have seen in former Chapters that Socialism teaches that property is theft and that rich men are criminals. In the present Chapter we have learned that criminals are men wronged by society. The Socialist conception of law and justice should recommend itself to all criminals, and all criminals should be Socialists.

FOOTNOTES:

[874] Bax, _Outlooks from the New Standpoint_, p. 107.

[875] Blatchford, _Not Guilty_, p. 258.

[876] _Ibid._ p. 259.

[877] Bax, _Religion of Socialism_, p. 108.

[878] _Independent Labour Party Song Book_, p. 17.

[879] _Social-Democratic Federation Song Book_, p. 19.

[880] _King Henry VI._, Part II. Act IV. Scenes 2 and 7.

[881] Bax, _The Ethics of Socialism_, pp. 82, 83.

[882] _Ibid._ pp. 85, 86.

[883] Blatchford, _G.o.d and My Neighbour_, p. 100.

[884] Blatchford, _Not Guilty_, p. 19.

[885] _Ibid._ p. 23.

[886] Blatchford, _Not Guilty_, p. 251.

[887] Bax, _Outlooks from the New Standpoint_, p. 146.

[888] _Ibid._ p. 105.

[889] Bax, _Ethics of Socialism_, p. 59.

[890] Bax, _Outlooks from the New Standpoint_, p. 104.

[891] See Stirner, _Der Einzige und sein Eigentum_; Bakounine, _Dieu et l'etat_; Kropotkine, _Paroles d'un Revolte_, &c.

[892] Bax, _The Ethics of Socialism_, p. 88.

[893] _Ibid._ p. 89.

[894] Gronlund, _Co-operative Commonwealth_, p. 138.

[895] Bax, _Religion of Socialism_, p. 147.

CHAPTER XXV

SOCIALISM AND WOMAN, THE FAMILY AND THE HOME

Men in all cla.s.ses of society save and endeavour to become owners of some property, not so much for their own sake as for the sake of their wives and of their children, whom they wish to leave "provided for."

Married men are notoriously more provident and thrifty than unmarried ones. Property is the defence of the family. The fundamental aim of Socialism is the abolition of that private property which is the prop of the family. Consequently every prudent head of a family is likely to resist Socialism, and thus there exists a natural and innate hostility between Socialism and the family.

Besides, the idea of the family is not easily reconcilable with the idea of the Socialistic State. The maintenance of the family requires private capital, and the present capitalistic and individualistic system of society, the modern State and modern civilisation, are based upon the family and have sprung from it. The citizen of the modern civilised State places the interest of his family above the interest of the community. Socialism wishes to reverse the situation and to subordinate the interest of the family to the interest of the community.

Socialism strives after equality among the citizens. Therefore many British Socialists are avowed communists, as will be shown in Chapter XXIX. Now it is clear that a perfect equality among the citizens cannot be created by abolishing merely the inst.i.tution of private property. The man who envied his neighbour for the exclusive possession of his property may, after the abolition of private property, envy him for the exclusive possession of a particularly attractive wife. Therefore most of the great thinkers since Plato who have mapped out systems for the equalisation of fortunes, have logically insisted on the community of wives.

Lastly, the subordination of the private family under the State, the control of work and food for all by the State, must logically lead also to State control of the increase of the population. Two thousand two hundred years ago, when in Athens the idea of the equalisation of fortunes had come to the front, Aristotle wrote: "Whoever would regulate the extent of private fortunes must also regulate the increase of families. If children multiply beyond the means of supporting them, the intention of the law will be frustrated and families will be suddenly reduced from opulence to beggary, a revolution always dangerous to public tranquillity."[896] At the same time Aristophanes showed in his comedy "Ecclesiazusae" that the community of goods would necessarily lead to the community of wives.

The a.s.sertion of the opponents of Socialism that Socialism means the dissolution of the marriage tie and the abolition of the family has been met with an indignant denial by many Socialists: "Socialism does not 'threaten the sanct.i.ty of the home.' Socialism has no more to do with the marriage laws than Toryism has."[897] "No party--neither Socialist nor non-Socialist--has openly identified itself with the views of its prominent members on this question. The idea that marriage, as an inst.i.tution, ought to be abolished has never received the sanction of any political organisation in Great Britain."[898] "No Socialist entertains the remotest idea of 'abolishing' the family, whether by law or otherwise. Only the grossest misrepresentation can fasten upon them such a purpose; moreover, it takes a fool to imagine that any form of family can either be created or abolished by decree."[899]

The above is confirmed by an official declaration of recent date. At a meeting of the National Council of the Independent Labour Party, which took place in London on October 4 and 5, 1907, the following resolution was adopted:

"The National Council of the Independent Labour Party repudiates the attack upon Socialism on the ground that Socialism is opposed to religion, and declares that the Socialist movement embraces men and women of all religions and forms of belief, and offers the most complete freedom in this respect within its ranks. It further repudiates the charge that Socialism is antagonistic to the family organisation, and reminds the public that the disintegration of the family, which has been in progress for some generations, has been owing to the creation of slums, the employment of children in factories, the dragging of mothers into workshops and factories, owing to the economic pressure created by low wages, sweating, and other operations of capitalism which the anti-Socialist campaign is designed to support, and which it is the purpose of Socialism to supplant."

Now let us compare with these emphatic denials addressed to the general public the deliberate statements of the intellectual leaders of British and foreign Socialism regarding marriage and the family, addressed to their followers.

The celebrated "Manifesto" issued by the founder of modern international Socialism declares: "On what foundation is the present family, the bourgeois family, based? On capital, on private gain. The bourgeois family will vanish as a matter of course when its complement vanishes. Bourgeois marriage is in reality a system of wives in common, and thus, at the most, what the Communists might possibly be reproached with is that they desire to introduce, in subst.i.tution for a hypocritically concealed, an openly legalised, community of women."[900] The founders of British Socialism state: "Even now it is necessary that a certain code of morality should be supposed to exist, and to have some relation to that religion which, being the creation of another age, has now become a sham. With this sham, moreover, its accompanying morality is also stupid, and this is clung to with a determination, or even ferocity, natural enough, since its aim is the perpetuation of individual property in wealth, in workman, in wife, in child."[901]

"Like every other inst.i.tution of existing society, marriage, as we know it, is a consequence of private property. The primitive swag-monger could think of no better method of keeping his swag together after his death than by making the child of a particular slave-wife his heir. The chief pre-eminence of the Sultana of the harem lay in the fact that she acted, so to speak, as the conveyancer of the estate."[902] The spokesmen of the Social-Democratic Federation say: "What is the position of Socialism towards the question of marriage as at present const.i.tuted? The existing monogamic relation is simply the outcome of the inst.i.tution of private or individual property. It has developed, in proportion to the accentuation of the inst.i.tution of private, as against communal, property. When private property ceases to be the fulcrum around which the relations between the s.e.xes turn, any attempt at coercion, moral or material, in these relations must necessarily become repugnant to the moral sense of the community."[903]

The foregoing statements lead to the inevitable conclusion that "The transformation of the current family form into a freer, more real, and therefore a higher form, must inevitably follow the economic revolution which will place the means of production and distribution under the control of all for the good of all."[904]

Another authority informs us "Socialism, Communism, or whatever one chooses to call it, by converting private property into public wealth and subst.i.tuting co-operation for compet.i.tion, will restore society to its proper condition of a thoroughly healthy organism, and ensure the material well-being of each member of the community. It will, in fact, give life its proper basis and its proper environment. Socialism annihilates family life, for instance. With the abolition of private property, marriage in its present form must disappear. This is part of the programme."[905] A distinguished Fabian proclaims: "The Socialist no more regards the inst.i.tution of marriage as a permanent thing than he regards a state of compet.i.tive industrialism as a permanent thing."[906] The leading book of the Fabian Society states: "The economic independence of women and the supplanting of the head of the household by the individual as the recognised unit of the State will materially alter the status of children and the utility of the inst.i.tution of the family."[907] The leading periodical of the Fabians says: "Of all the stupid theories regarding the family, the most stupid is the belief that it is natural. On the contrary, the trinitarian family organisation is plainly a work of art, a deliberate device of man's. Nothing is more plain than the fact that the hierarchy of the family has been employed, and is still employed, as a model for the hierarchy of the State and of human society generally; in other words, as a prop of aristocracy."[908] A leading member of the Independent Labour Party tells us: "I do not believe it is desirable to cultivate the family idea as at present understood, which in the main is designed to teach the children to think more of their own family than any other; I want to see the broader family life of society taught in the spirit of the West Country motto, 'One for all and all for each.'"[909]

Marriage is, according to many Socialists, not only incompatible with Socialistic progress, but is also immoral. The philosopher of British Socialism, going a step further than did Marx in his Manifesto, endeavours to prove that marriage and prost.i.tution are equally immoral.

"Both legalised monogamic marriage and prost.i.tution are based essentially on commercial considerations. The one is purchase, the other hire. The higher and only really moral form of the marriage relation which transcends both is based neither on sale nor hire.

Prost.i.tution is immoral as implying the taking advantage by the woman of a monopoly which costs her no labour for the sake of extorting money from the man. But the condition of legal marriage--maintenance--does the same."[910] This opinion is shared by the leading American Socialist writer, who says: "The one has sold her person for money under cover of marriage, the other has done the same thing outside marriage."[911] Other Socialists express similar opinions: "The present marriage system cannot be claimed by anyone as a success. Complete economic independence of women will, however, solve the question. Under Communism will and affection will be supreme. Marriage will be infinitely holier and more permanent than it is to-day."[912] "Mere legal matrimony and familism could not survive the communalisation of property, and it may be well so. Marriage as we know it is merely one of the many unwholesome fungi that grow out of the reeking, rotting corpus of private property, and it would not be difficult to conceive of a s.e.xual order infinitely more angelic."[913]

There is no reason why an "infinitely more angelic s.e.xual order"

should not replace marriage as at present conceived and const.i.tuted, for "Marriage is no more a Christian ethic than it is a Mohammedan ethic, or a j.a.panese custom. We have already 'considered' the marriage laws and altered them. Where, then, is the immorality in demanding a further consideration? Our notions concerning the relations of men and women have changed with the changing times, and at each stage we have reached a more exalted plane of understanding. What right have we to a.s.sume, therefore, that the future does not hold a n.o.bler ideal than our present one?"[914]

The direction in which inter-s.e.xual relations should be changed in order to attain a n.o.bler ideal than the present one is obvious: "What we need is freedom from the restraints of an artificial existence; liberty to make the most of our inherent capacity, and human longing for a higher life will do all the rest."[915] "Socialism will strike at the root at once of compulsory monogamy and of prost.i.tution by inaugurating an era of marriage based on free choice and intention, and characterised by the absence of external coercion. For where the wish for the maintenance of the marriage relation remains, there external compulsion is unnecessary; where it is necessary, because the wish has disappeared, there it is undesirable."[916] "The present marriage system was based on the general supposition of the economic dependence of the woman on the man, and the consequent necessity for his making provision for her which she can legally enforce. This basis would disappear with the advent of social economic freedom, and no binding contract would be necessary between the parties as regards livelihood; while property in children would cease to exist, and every infant that came into the world would be born into full citizenship and would enjoy all its advantages, whatever the conduct of its parents might be. Thus a new development of the family would take place, on the basis not of a predetermined life-long business arrangement to be formally and nominally held to, irrespective of circ.u.mstances, but on mutual inclination and affection, an a.s.sociation terminable at the will of either party. There would be no vestige of reprobation weighing on the dissolution of one tie and the forming of another."[917]

Many Socialists, led by Bax, the philosopher of Socialism in Great Britain, and by Bebel, the head of the Social-Democratic party in Germany, take a very broad and a very primitive view with regard to marital relations and to the greater freedom in these relations in the Socialistic State of the future: "The whole of our s.e.xual morality (as such), in so far as it has a rational, as opposed to a mystical, basis, is nothing but a 'plant' to save the ratepayers' pockets by fixing the responsibility for the maintenance of children on the individuals responsible for the procreation of them. To the consistent Socialist, the s.e.xual relation is, _per se_, morally indifferent (neither moral nor immoral) like any other bodily function, but it may easily become immoral _per accidentem_, i.e., from the special circ.u.mstances under which it takes place, and whereby it acquires the character of an act of injustice or treachery, such as seduction of a friend's wife or daughter."[918] A very influential Socialist writer asks: "Is chast.i.ty a virtue, and is there such a vice as unchast.i.ty?"

and he answers his question by quoting the above statement of Bax.[919] "If it be asked, Is marriage a failure? the answer of any impartial person must be--monogamic marriage is a failure--the rest is silence. We know not what new form of the family the society of the future, in which men and women will be alike economically free, may evolve and which may be generally adopted therein. Meanwhile, we ought to combat by every means within our power the metaphysical dogma of the inherent sanct.i.ty of the monogamic principle. Economic development on the one side and the free initiative of individuals on the other will do the rest."[920]

Bebel thinks, "The satisfying of amatory desires is a law which every individual must fulfil as a sacred duty towards himself, if his development is to be healthy and normal, and he must refuse gratification to no natural impulse. The so-called animal pa.s.sions occupy no lower rank than the so-called mental pa.s.sions. A healthy manner of life, healthy employment, and a healthy education in the broadest sense of the word, combined with the natural gratification of natural and healthy instincts, must be brought within the reach of all."[921] Freedom of love is to be equal to men and women: "In the choice of love woman is free just as man is free. She woos and is wooed and has no other inducement to bind herself than her own free will.

The contract between the two lovers is of a private nature as in primitive times. The gratification of the s.e.xual impulse is as strictly the personal affair of the individual as the gratification of every other natural instinct. No one has to give an account of him or herself and no third person has the slightest right of intervention."[922]

A prominent British Socialist shares Bebel's views: "For the non-childbearing woman the s.e.x-relationship, both as to form and substance, ought to be a pure question of taste, a simple matter of agreement between the man and her, in which neither the society nor the State would have any need to interfere, a free s.e.xual union, a relation solely of mutual sympathy and affection, its form and direction varying according to the feelings and wants of the individuals."[923] The founders of British Socialism agree with the foregoing opinion. "Under a Socialistic system contracts between individuals would be free and unenforced by the community. This would apply to the marriage contract as well as others, and it would become a matter of simple inclination. Nor would a truly enlightened public opinion, freed from mere theological views as to chast.i.ty, insist on its permanently binding Nature in the face of any discomfort or suffering that might come of it."[924]