The same truth applies to marriage. The right of freely dissolving the tie, which was recognized in primitive society, has been gradually replaced by the absolute formulae of theology and mysticism which fancy that the “free will” can settle the destiny of a person by a monosyllable pronounced at a time when the physical equilibrium is as unstable as it is during courtship and at marriage. Later on the reversion to the spontaneous and primitive form of a union based on mutual consent imposes itself on men, and the matrimonial union, with the increase in the frequency and facility of divorce, reverts to its original forms and restores to the family, that it to say to the social cell, a healthier constitution.
This some phenomenon may be traced in the organization of property. Spencer himself has been forced to recognize that there has been an inexorable tendency to a reversion to primitive collectivism since ownership in land, at first a family attribute, then industrial, as he has himself demonstrated, has reached its culminating point, so that in some countries (Torrens act in Australia) land has become a sort of personal property, transferable as readily as a share in a stock-company.
Read as proof what such an individualist as Herbert Spencer has written:
“At first sight it seems fairly inferable that the absolute ownership of land by private persons, must be the ultimate state which industrialism brings about. But though industrialism has thus far tended to individualize possession of land, while individualizing all other possession, it may be doubted whether the final stage is at present reached. Ownership established by force does not stand on the same footing as ownership established by contract, and though multiplied sales and purchases, treating the two ownerships in the same way, have tacitly assimilated them, the assimilation may eventually be denied. The analogy furnished by assumed rights of possession over human beings, helps us to recognize this possibility. For while prisoners of war, taken by force and held as property in a vague way (being at first much on a footing with other members of a household), were reduced more definitely to the form of property when the buying and selling of slaves became general; and while it might, centuries ago, have been thence inferred that the ownership of man by man was an ownership in course of being permanently established;[52] yet we see that a later stage of civilization, reversing this process, has destroyed ownership of man by man. Similarly, at a stage still more advanced, it may be that private ownership of land will disappear."[53]
Moreover, this process of the socialization of property, though a partial and subordinate process, is nevertheless so evident and continuous that to deny its existence would be to maintain that the economic and consequently the juridical tendency of the organization of property is not in the direction of a greater and greater magnification of the interests and rights of the collectivity over those of the individual. This, which is only a preponderance to-day, will become by an inevitable evolution a complete substitution as regards property in land and the means of production.