N this question of divorce I do not profess to be impartial, for I have never perceived any intelligent meaning in the word. I merely (and most modestly) profess to be right. I also profess to be representative: that is, democratic. Now, one may believe in democracy or disbelieve in it. It would be grossly unfair to conceal the fact that there are difficulties on both sides. The difficulty of believing in democracy is that it is so hard to believe—like God and most other good things. The difficulty of disbelieving in democracy is that there is nothing else to believe in. I mean there is nothing else on earth or in earthly politics. Unless an aristocracy is selected by gods, it must be selected by men. It may be negatively and passively permitted, but either heaven or humanity must permit it; otherwise it has no more moral authority than a lucky pickpocket. It is baby talk to talk about “Supermen” or “Nature’s Aristocracy” or “The Wise Few.” “The Wise Few” must be either those whom others think wise—who are often fools; or those who think themselves wise—who are always fools.
Well, if one happens to believe in democracy as I do, as a large trust in the active and passive judgment of the human conscience, one can have no hesitation, no “impartiality,” about one’s view of divorce; and especially about one’s view of the extension of divorce among the democracy. A democrat in any sense must regard that extension as the last and vilest of the insults offered by the modern rich to the modern poor. The rich do largely believe in divorce; the poor do mainly believe in fidelity. But the modern rich are powerful and the modern poor are powerless. Therefore for years and decades past the rich have been preaching their own virtues. Now that they have begun to preach their vices too, I think it is time to kick.
There is one enormous and elementary objection to the popularising of divorce, which comes before any consideration of the nature of marriage. It is like an alphabet in letters too large to be seen. It is this: That even if the democracy approved of divorce as strongly and deeply as the democracy does (in fact) disapprove of it—any man of common sense must know that nowadays the thing will be worked probably against the democracy, but quite certainly by the plutocracy. People seem to forget that in a society where power goes with wealth and where wealth is in an extreme state of inequality, extending the powers of the law means something entirely different from extending the powers of the public. They seem to forget that there is a great deal of difference between what laws define and what laws do. A poor woman in a poor public-house was broken with a ruinous fine for giving a child a sip of shandy-gaff. Nobody supposed that the law verbally stigmatised the action for being done by a poor person in a poor public-house. But most certainly nobody will dare to pretend that a rich man giving a boy a sip of champagne would have been punished so heavily—or punished at all. I have seen the thing done frequently in country houses; and my host and hostess would have been very much surprised if I had gone outside and telephoned for the police. The law theoretically condemns any one who tries to frustrate the police or even fails to assist them. Yet the rich motorists are allowed to keep up an organised service of anti-police detectives—wearing a conspicuous uniform—for the avowed purpose of showing motorists how to avoid capture. No one supposes again that the law says in so many words that the right to organise for the evasion of laws is a privilege of the rich but not of the poor. But take the same practical test. What would the police say, what would the world say, if men stood about the streets in green and yellow uniforms, notoriously for the purpose of warning pickpockets of the presence of a plain-clothes officer? What would the world say if recognised officials in peaked caps watched by night to warn a burglar that the police were waiting for him? Yet there is no distinction of principle between the evasion of that police-trap and the other police-trap—the police-trap which prevents a motorist from killing a child like a chicken; which prevents the most frivolous kind of murder, the most piteous kind of sudden death.
Well, the Poor Man’s Divorce Law will be applied exactly as all these others are applied. Everybody must know that it would mean in practice that well-dressed men, doctors, magistrates, and inspectors, would have more power over the family lives of ill-dressed men, navvies, plumbers, and potmen. Nobody can have the impudence to pretend that it would mean that navvies, plumbers, and potmen would (either individually or collectively) have more power over the family lives of doctors, magistrates, and inspectors. Nobody dare assert that because divorce is a State affair, therefore the poor citizen will have any power, direct or indirect, to divorce a duchess from a duke or a banker from a banker’s wife. But no one will call it inconceivable that the power of rich families over poor families, which is already great, the power of the duke as landlord, the power of the banker as money-lender, might be considerably increased by arming magistrates with more powers of interference in private life. For the dukes and bankers often are magistrates, always the friends and relatives of magistrates. The navvies are not. The navvy will be the subject of the new experiments; certainly never the experimentalist. It is the poor man who will show to the imaginative eye of science all those horrors which, according to newspaper correspondents, cry aloud for divorce—drunkenness, madness, cruelty, incurable disease. If he is slow in working for his master, he will be “defective.” If he is worn out by working for his master, he will be “degenerate.” If he, at some particular opportunity, prefers to work for himself to working for his master, he will be obviously insane. If he never has any opportunity of working for any masters he will be “unemployable.” All the bitter embarrassments and entanglements incidental to extreme poverty will be used to break conjugal happiness, as they are already used to break parental authority. Marriage will be called a failure wherever it is a struggle; just as parents in modern England are sent to prison for neglecting the children whom they cannot afford to feed.
I will take but one instance of the enormity and silliness which is really implied in these proposals for the extension of divorce. Take the case quoted by many contributors to the discussion in the papers—the case of what is called “cruelty.” Now what is the real meaning of this as regards the prosperous and as regards the struggling classes of the community? Let us take the prosperous classes first. Every one knows that those who are really to be described as gentlemen all profess a particular tradition, partly chivalrous, partly merely modern and refined—a tradition against “laying hands upon a woman, save in a way of kindness.” I do not mean that a gentleman hates the cowing of a woman by brute force: any one must hate that. I mean he has a ritual, taboo kind of feeling about the laying on of a finger. If a gentleman (real or imitation) has struck his wife ever so lightly, he feels he has done one of those things that thrill the thoughts with the notion of a border-line; something like saying the Lord’s Prayer backwards, touching a hot kettle, reversing the crucifix, or “breaking the pledge.” The wife may forgive the husband more easily for this than for many things; but the husband will find it hard to forgive himself. It is a purely class sentiment, like the poor folks’ dislike of hospitals. What is the effect of this class sentiment on divorce among the higher classes?
The first effect, of course, is greatly to assist those faked divorces so common among the fashionable. I mean that where there is a collusion, a small pat or push can be remembered, exaggerated, or invented; and yet seem to the solemn judges a very solemn thing in people of their own social class. But outside these cases, the test is not wholly inappropriate as applied to the richer classes. For, all gentlemen feeling or affecting this special horror, it does really look bad if a gentleman has broken through it; it does look like madness or a personal hatred and persecution. It may even look like worse things. If a man with luxurious habits, in artistic surroundings, is cruel to his wife, it may be connected with some perversion of sex cruelty, such as was alleged (I know not how truly) in the case of the millionaire Thaw. We need not deny that such cases are cases for separation, if not for divorce.
But this test of technical cruelty, which is rough and ready as applied to the rich, is absolutely mad and meaningless as applied to the poor. A poor woman does not judge her husband as a bully by whether he has ever hit out. One might as well say that a schoolboy judges whether another schoolboy is a bully by whether he has ever hit out. The poor wife, like the schoolboy, judges him as a bully by whether he is a bully. She knows that while wife-beating may really be a crime, wife-hitting is sometimes very like just self-defence. No one knows better than she does that her husband often has a great deal to put up with; sometimes she means him to; sometimes she is justified. She comes and tells all this to magistrates again and again; in police court after police court women with black eyes try to explain the thing to judges with no eyes. In street after street women turn in anger on the hapless knight-errant who has interrupted an instantaneous misunderstanding. In these people’s lives the rooms are crowded, the tempers are torn to rags, the natural exits are forbidden. In such societies it is as abominable to punish or divorce people for a blow as it would be to punish or divorce a gentleman for slamming the door. Yet who can doubt, if ever divorce is applied to the populace, it would be applied in the spirit which takes the blow quite seriously? If any one doubts it, he does not know what world he is living in.