Now what will be the nature of the Utopian contract of matrimony?
From the first of the two points of view named above, that of parentage, it is obvious that one unavoidable condition will be the chastity of the wife. Her infidelity being demonstrated, must at once terminate the marriage and release both her husband and the State from any liability for the support of her illegitimate offspring. That, at any rate, is beyond controversy; a marriage contract that does not involve that, is a triumph of metaphysics over common sense. It will be obvious that under Utopian conditions it is the State that will suffer injury by a wife's misconduct, and that a husband who condones anything of the sort will participate in her offence. A woman, therefore, who is divorced on this account will be divorced as a public offender, and not in the key of a personal quarrel; not as one who has inflicted a private and personal wrong. This, too, lies within the primary implications of marriage.
Beyond that, what conditions should a marriage contract in Utopia involve?
A reciprocal restraint on the part of the husband is clearly of no importance whatever, so far as the first end of matrimony goes, the protection of the community from inferior births. It is no wrong to the State. But it does carry with it a variable amount of emotional offence to the wife; it may wound her pride and cause her violent perturbations of jealousy; it may lead to her neglect, her solitude and unhappiness, and it may even work to her physical injury. There should be an implication that it is not to occur. She has bound herself to the man for the good of the State, and clearly it is reasonable that she should look to the State for relief if it does occur. The extent of the offence given her is the exact measure of her injury; if she does not mind nobody minds, and if her self-respect does not suffer nothing whatever is lost to the world; and so it should rest with her to establish his misconduct, and, if she thinks fit, to terminate the marriage.
A failure on either side to perform the elementary duties of companionship, desertion, for example, should obviously give the other mate the right to relief, and clearly the development of any disqualifying habit, drunkenness, or drug-taking, or the like, or any serious crime or acts of violence, should give grounds for a final release. Moreover, the modern Utopian State intervenes between the sexes only because of the coming generation, and for it to sustain restrictions upon conduct in a continually fruitless marriage is obviously to lapse into purely moral intervention. It seems reasonable, therefore, to set a term to a marriage that remains childless, to let it expire at the end of three or four or five unfruitful years, but with no restriction upon the right of the husband and wife to marry each other again.
These are the fairly easy primaries of this question. We now come to the more difficult issues of the matter. The first of these is the question of the economic relationships of husband and wife, having regard to the fact that even in Utopia women, at least until they become mothers, are likely to be on the average poorer than men. The second is the question of the duration of a marriage. But the two interlock, and are, perhaps, best treated together in one common section. And they both ramify in the most complicated manner into the consideration of the general morale of the community.
§ 5
This question of marriage is the most complicated and difficult in the whole range of Utopian problems. But it is happily not the most urgent necessity that it should be absolutely solved. The urgent and necessary problem is the ruler. With rulers rightly contrived and a provisional defective marriage law a Utopia may be conceived as existing and studying to perfect itself, but without rulers a Utopia is impossible though the theory of its matrimony be complete. And the difficulty in this question is not simply the difficulty of a complicated chess problem, for example, in which the whole tangle of considerations does at least lie in one plane, but a series of problems upon different levels and containing incommensurable factors.
It is very easy to repeat our initial propositions, to recall that we are on another planet, and that all the customs and traditions of the earth are set aside, but the faintest realisation of that demands a feat of psychological insight. We have all grown up into an invincible mould of suggestion about sexual things; we regard this with approval, that with horror, and this again with contempt, very largely because the thing has always been put to us in this light or that. The more emancipated we think ourselves the more subtle are our bonds. The disentanglement of what is inherent in these feelings from what is acquired is an extraordinary complex undertaking. Probably all men and women have a more or less powerful disposition to jealousy, but what exactly they will be jealous about and what exactly they will suffer seems part of the superposed factor. Probably all men and women are capable of ideal emotions and wishes beyond merely physical desires, but the shape these take are almost entirely a reaction to external images. And you really cannot strip the external off; you cannot get your stark natural man, jealous, but not jealous about anything in particular, imaginative without any imaginings, proud at large. Emotional dispositions can no more exist without form than a man without air. Only a very observant man who had lived all over the planet Earth, in all sorts of social strata, and with every race and tongue, and who was endowed with great imaginative insight, could hope to understand the possibilities and the limitations of human plasticity in this matter, and say what any men and any women could be induced to do willingly, and just exactly what no man and no woman could stand, provided one had the training of them. Though very young men will tell you readily enough. The proceedings of other races and other ages do not seem to carry conviction; what our ancestors did, or what the Greeks or Egyptians did, though it is the direct physical cause of the modern young man or the modern young lady, is apt to impress these remarkable consequences merely as an arrangement of quaint, comical or repulsive proceedings.
But there emerges to the modern inquirer certain ideals and desiderata that at least go some way towards completing and expanding the crude primaries of a Utopian marriage law set out in § 4.