It is the same conception of woman as property which, even to the present, has caused the retention in many legal codes of clauses rendering a man liable to pay pecuniary damages to a woman, previously a virgin, whom he has intercourse with and subsequently forsakes (Natalie Fuchs, "Die Jungfernschaft im Recht und Sitte," Sexual-Probleme, Feb., 1908). The woman is "dishonored" by sexual intercourse, depreciated in her market value, exactly as a new garment becomes "second-hand," even if it has but once been worn. A man, on the other hand, would disdain the idea that his personal value could be diminished by any number of acts of sexual intercourse.
This fact has even led some to advocate the "abolition of physical virginity." Thus the German authoress of Una Poenitentium (1907), considering that the protection of a woman is by no means so well secured by a little piece of membrane as by the presence of a true and watchful soul inside, advocates the operation of removal of the hymen in childhood. It is undoubtedly true that the undue importance attached to the hymen has led to a false conception of feminine "honor," and to an unwholesome conception of feminine purity.
Custom and law are slowly changing in harmony with changed social conditions which no longer demand the subjection of women either in their own interests or in the interests of the community. Concomitantly with these changes a different ideal of womanly personality is developing. It is true that the ancient ideal of the lordship of the husband over the wife is still more or less consciously affirmed around us. The husband frequently dictates to the wife what avocations she may not pursue, what places she may not visit, what people she may not know, what books she may not read. He assumes to control her, even in personal matters having no direct concern with himself, by virtue of the old masculine prerogative of force which placed a woman under the hand, as the ancient patriarchal legists termed it, of a man. It is, however, becoming more and more widely recognized that such a part is not suited to the modern man. The modern man, as Rosa Mayreder has pointed out in a thoughtful essay,[[292]] is no longer equipped to play this domineering part in relation to his wife. The "noble savage," leading a wild life on mountain and in forest, hunting dangerous beasts and scalping enemies when necessary, may occasionally bring his club gently and effectively on to the head of his wife, even, it may be, with grateful appreciation on her part.[[293]] But the modern man, who for the most part spends his days tamely at a desk, who has been trained to endure silently the insults and humiliations which superior officials or patronizing clients may inflict upon him, this typical modern man is no longer able to assume effectually the part of the "noble savage" when he returns to his home. He is indeed so unfitted for the part that his wife resents his attempts to play it. He is gradually recognizing this, even apart from any consciousness of the general trend of civilization. The modern man of ideas recognizes that, as a matter of principle, his wife is entitled to equality with himself; the modern man of the world feels that it would be both ridiculous and inconvenient not to accord his wife much the same kind of freedom which he himself possesses. And, moreover, while the modern man has to some extent acquired feminine qualities, the modern woman has to a corresponding extent acquired masculine qualities.
Brief and summary as the preceding discussion has necessarily been, it will have served to bring us face to face with the central fact in the sexual morality which the growth of civilization has at the present day rendered inevitable: personal responsibility. "The responsible human being, man or woman, is the centre of modern ethics as of modern law;" that is the conclusion reached by Hobhouse in his discussion of the evolution of human morality.[[294]] The movement which is taking place among us to liberate sexual relationships from an excessive bondage to fixed and arbitrary regulations would have been impossible and mischievous but for the concomitant growth of a sense of personal responsibility in the members of the community. It could not indeed have subsisted for a single year without degenerating into license and disorder. Freedom in sexual relations involves mutual trust and that can only rest on a basis of personal responsibility. Where there can be no reliance on personal responsibility there can be no freedom. In most fields of moral action this sense of personal responsibility is acquired at a fairly early stage of social progress. Sexual morality is the last field of morality to be brought within the sphere of personal responsibility. The community imposes the most varied, complicated, and artificial codes of sexual morality on its members, especially its feminine members, and, naturally enough, it is always very suspicious of their ability to observe these codes, and is careful to allow them, so far as possible, no personal responsibility in the matter. But a training in restraint, when carried through a long series of generations, is the best preparation for freedom. The law laid on the earlier generations, as old theology stated the matter, has been the schoolmaster to bring the later generations to Christ; or, as new science expresses exactly the same idea, the later generations have become immunized and have finally acquired a certain degree of protection against the virus which would have destroyed the earlier generations.
The process by which a people acquires the sense of personal responsibility is slow, and perhaps it cannot be adequately acquired at all by races lacking a high grade of nervous organization. This is especially the case as regards sexual morality, and has often been illustrated on the contact of a higher with a lower civilization. It has constantly happened that missionaries—entirely against their own wishes, it need not be said—by overthrowing the strict moral system they have found established, and by substituting the freedom of European customs among people entirely unprepared for such freedom, have exerted the most disastrous effects on morality. This has been the case among the formerly well-organized and highly moral Baganda of Central Africa, as recorded in an official report by Colonel Lambkin (British Medical Journal, Oct. 3, 1908).
As regards Polynesia, also, R. L. Stevenson, in his interesting book, In the South Seas (Ch. V), pointed out that, while before the coming of the whites the Polynesians were, on the whole, chaste, and the young carefully watched, now it is far otherwise.
Even in Fiji, where, according to Lord Stanmore—who was High Commissioner of the Pacific, and an independent critic—missionary effort has been "wonderfully successful," where all own at least nominal allegiance to Christianity, which has much modified life and character, yet chastity has suffered. This was shown by a Royal Commission on the condition of the native races in Fiji. Mr. Fitchett, commenting on this report (Australasian Review of Reviews, Oct., 1897) remarks: "Not a few witnesses examined by the commission declare that the moral advance in Fiji is of a curiously patchy type. The abolition of polygamy, for example, they say, has not told at every point in favor of women. The woman is the toiler in Fiji; and when the support of the husband was distributed over four wives, the burden on each wife was less than it is now, when it has to be carried by one. In heathen times female chastity was guarded by the club; a faithless wife, an unmarried mother, was summarily put to death. Christianity has abolished club-law, and purely moral restraints, or the terror of the penalties of the next world, do not, to the limited imagination of the Fijian, quite take its place. So the standard of Fijian chastity is distressingly low."
It must always be remembered that when the highly organized primitive system of mixed spiritual and physical restraints is removed, chastity becomes more delicately and unstably poised. The controlling power of personal responsibility, valuable and essential as it is, cannot permanently and unremittingly restrain the volcanic forces of the passion of love even in high civilizations. "No perfection of moral constitution in a woman," Hinlon has well said, "no power of will, no wish and resolution to be 'good,' no force of religion or control of custom, can secure what is called the virtue of woman. The emotion of absolute devotion with which some man may inspire her will sweep them all away. Society, in choosing to erect itself on that basis, chooses inevitable disorder, and so long as it continues to choose it will continue to have that result."
It is necessary to insist for a while on this personal responsibility in matters of sexual morality, in the form in which it is making itself felt among us, and to search out its implications. The most important of these is undoubtedly economic independence. That is indeed so important that moral responsibility in any fine sense can scarcely be said to have any existence in its absence. Moral responsibility and economic independence are indeed really identical; they are but two sides of the same social fact. The responsible person is the person who is able to answer for his actions and, if need be, to pay for them. The economically dependent person can accept a criminal responsibility; he can, with an empty purse, go to prison or to death. But in the ordinary sphere of everyday morality that large penalty is not required of him; if he goes against the wishes of his family or his friends or his parish, they may turn their backs on him but they cannot usually demand against him the last penalties of the law. He can exert his own personal responsibility, he can freely choose to go his own way and to maintain himself in it before his fellowmen on one condition, that he is able to pay for it. His personal responsibility has little or no meaning except in so far as it is also economic independence.
In civilized societies as they attain maturity, the women tend to acquire a greater and greater degree alike of moral responsibility and economic independence. Any freedom and seeming equality of women, even when it actually assumes the air of superiority, which is not so based, is unreal. It is only on sufferance; it is the freedom accorded to the child, because it asks for it so prettily or may scream if it is refused. This is merely parasitism.[[295]] The basis of economic independence ensures a more real freedom. Even in societies which by law and custom hold women in strict subordination, the woman who happens to be placed in possession of property enjoys a high degree alike of independence and of responsibility.[[296]] The growth of a high civilization seems indeed to be so closely identified with the economic freedom and independence of women that it is difficult to say which is cause and which effect. Herodotus, in his fascinating account of Egypt, a land which he regarded as admirable beyond all other lands, noted with surprise that, totally unlike the fashion of Greece, women left the men at home to the management of the loom and went to market to transact the business of commerce.[[297]] It is the economic factor in social life which secures the moral responsibility of women and which chiefly determines the position of the wife in relation to her husband.[[298]] In this respect in its late stages civilization returns to the same point it had occupied at the beginning, when, as has already been noted, we find greater equality with men and at the same time greater economic independence.[[299]]