is in its essence a fact and not a contract, though
it may give rise to contracts, so long as such contracts
do not touch that essential fact. And in one
respect it will go beyond either the ecclesiastical
conception or the civil conception. Man has in
recent times gained control of his own procreative
powers, and that control involves a shifting of the
centre of gravity of marriage, in so far as marriage
is an affair of the State, from the vagina to the
child which is the fruit of the womb. Marriage
as a state institution will centre, not around the
sexual relationship, but around the child which is
the outcome of that relationship. In so far as
marriage is an inviolable public contract it will
be of such a nature that it will be capable of automatically
covering with its protection every child that is born
into the world, so that every child may possess a
legal mother and a legal father. On the one side,
therefore, marriage is tending to become less stringent;
on the other side it is tending to become more stringent.
On the personal side it is a sacred and intimate relationship
with which the State has no concern; on the social
side it is the assumption of the responsible public
sponsorship of a new member of the State. Some
among us are working to further one of these aspects
of marriage, some to further the other aspect.
Both are indispensable to establish a perfect harmony.
It is necessary to hold the two aspects of marriage
apart, in order to do equal justice to the individual
and to society, but in so far as marriage approaches
its ideal state those two aspects become one.
We have now completed the discussion of marriage as
it presents itself to the modern man born in what
in mediaeval days was called Christendom. It is
not an easy subject to discuss. It is indeed a
very difficult subject, and only after many years
is it possible to detect the main drift of its apparently
opposing and confused currents when one is oneself
in the midst of them. To an Englishman it is,
perhaps, peculiarly difficult, for the Englishman
is nothing if not insular; in that fact lie whatever
virtues he possesses, as well as their reverse sides.[374]
Yet it is worth while to attempt to climb to a height
from which we can view the stream of social tendency
in its true proportions and estimate its direction.
It is necessary to do so if we value our mental peace
in an age when men’s minds are agitated by many
petty movements which have nothing to do with their
great temporal interests, to say nothing of their
eternal interests. When we have attained a wide
vision of the solid biological facts of life, when
we have grasped the great historical streams of tradition,—which
together make up the map of human affairs,—we
can face serenely the little social transitions which
take place in our own age, as they have taken place
in every age.
FOOTNOTES:
[312] Rosenthal, of Breslau, from the legal side,
goes so far as to argue ("Grundfragen des Eheproblems,”
Die Neue Generation, Dec., 1908), that the
intention of procreation is essential to the conception
of legal marriage.