We have been led to this new ideal of the conjugal union by the civilizing struggles of the church against divorce and repudiation. In its nature, marriage is indissoluble, but in the existing state of things in which the ideal is but very exceptionally realized, the legislator has deemed it right to render possible the separation of the spouses: this measure is immoral and unfortunate both for the partners and for their children. The only remedy for family difficulties is divorce, a question with which the church has nothing to do.
The whole of the last chapter of the third book is a condemnation of fickleness in love, and an affirmation of the indissolubility of marriage and of the sanctity of the conjugal tie.
The fourth book, "The Mother," comprises six chapters.
Until a late day, it was believed that woman was only the soil in which man, the creator of the species, deposited the human germ. Modern science has overthrown this false doctrine, and elevated woman by demonstrating these three incontestable facts: 1st, that, dating from the moment of conception, the human germ passes through successive degrees of animal life until it acquires its proper form; 2d, that the female sex is the conserver of the race, since it always brings them to its own type, as well in the human as in the animal and vegetable species; 3d, that woman is physiologically of a nature superior to man, since it is now demonstrated that the higher the respiratory apparatus is placed in the organism, the more elevated is the species in the scale of beings; and that woman breathes from the upper, and man from the lower part of the lungs.
Maternity does not give to women rights over their children, but contributes, notwithstanding, to their emancipation; thus, in India, a woman who had borne sons could not be repudiated, and at Rome, a woman emerged from tutelage at maternity.
It is iniquitous to give the paternal authority to the father alone; the mother should have an equal right with him over her children. Supremacy of direction belongs indeed to the father, but this direction should be limited and superintended by a family council, and transferred to the mother in case of the unworthiness of her spouse.
The education of the children belongs of right to the mother, because she understands them best, and because it is necessary that she should acquire that entire influence over her sons which she will need afterwards to counsel and to console them. Public education is not fit for boys until they have attained their twelfth year; younger, it is injurious in its results to their character. The author demands that the maternal grand-parents shall not be made inferior in guardianship, as is the case now in the law; and he considers it as sacrilege not to give to the mother an equal right with respect to consent to the marriage of their children.
Legitimate maternity is happiness to the rich woman; want, often grief, to the poor woman. Illegitimate maternity is to women of all ranks a source of sorrow, shame and crime. To the rich girl it is dishonor, an eternal bar to marriage; to the poor girl it is poverty, shame if she keeps her child; crime, if she destroys it. Yet the law dares grant impunity to the corrupter, to the seducer, to the man who has not hesitated to sacrifice to a moment of passion the whole future of a woman, the whole future of a child! The State ought to come to the aid of all poor mothers, because it is for its interest that the race should be strong and vigorous, and because mothers are the preservers of the race. Let the genius of women be set to work; let infant schools and infant asylums be founded in every quarter of France.
The Hindoo widow was burned; the Jewish widow was bound to re-marry certain men designated by the law; the Grecian and the Gothic widow passed under the guardianship of her son, and the latter could not even re-marry without his permission; the Christian widow was condemned to seclusion; none of these women had any rights over their children. The French code restores full liberty to the widow, renders to her the right of majority, appoints her the guardian and directress of her children; it is a preliminary step to liberty in marriage.
The fifth book, Woman, is divided into five chapters.