This raises the question as to why a marriage should not be dissolved as soon as for any reason the union becomes intolerable to either party. The answer must be as follows. From the dominant position of the man in the economic life it is clear that the woman would not be able to loose the bonds of marriage at her pleasure, except in the case provided by law, inasmuch as the man could not permit so grave an assault upon his authority. From this point of view monogamy and the ancient forms of marriage are alike, for the woman has never been able to secure a divorce at her own pleasure except among the lower agriculturists, where, on account of her importance in the economic life she enjoyed the same rights as the man. The present organization of society prevents the man, for his part, from getting a divorce except in certain cases provided by law, for if it were possible for the husband to break the marriage at will, society today would not have the necessary solidity and stability; marriage would be a very hazardous enterprise for the woman, since, from the nature of her occupation, she is generally not in a position to provide for her own needs by herself; and the support and education of the children by their parents would also be less assured. But even this is not all. As we have seen, monogamy was created as soon as private property became general. Reciprocally monogamy is one of the causes which support and increase the spirit of property in men. It is in the narrow circle of the family, away from the contact with society, that a keen desire to possess is developed among children.
The deepest roots of marriage as it exists today are found in our present state of society, based as it is on private property; and, in its turn, marriage is a support for that society. Here is also the reason for the disapprobation of free unions felt by the majority, even if the motives of these unions are the most noble. And this also is why the more conservative a man is as to the institution of private property, the more he holds to the existing form of marriage, a fact otherwise inexplicable.
An examination of the modifications made during the last century in the matrimonial law and in matters pertaining to it, shows that the position of the married woman has improved gradually. To cite [[301]]only a few examples, the French civil code gave to the married woman the right of divorce in the case of adultery on the part of her husband only if he kept a concubine in the common dwelling (art. 230). In 1884 this article was modified so that the woman now has the same right of divorce in case of adultery as the man. (Article 337 of the penal code, however, punishes the adulterous wife by an imprisonment of from three months to two years, while article 339 punishes the adulterous husband only if he has been keeping a concubine in the common dwelling, and then only by a fine of from one hundred to two thousand francs.) In England before 1870 the married woman was in a position of dependence. The right of possession of personal property as well as the administration of real estate and the benefit of revenues from it devolved upon the husband. Since 1870 and 1882 there has been a great change in the matrimonial law, to the great advantage of the woman who has become, among other things, the sole owner of her fortune, etc.[44] In the countries where there have been no modifications in the last century, public opinion is such that we may be sure that the condition of women will be better in case of an eventual revision of the matrimonial law.
In searching for the causes of the changes of opinion upon this question we discover that here again they are due in the last analysis to the economic life. This springs from the fact that the number of women who work independently, who gain their own bread, increases continually. The causes which bring this about are of diverse kinds but can be reduced to the following. In the first place, the number of marriages contracted is in general diminishing, and this decrease is due to the continually diminishing number of marriages among the moneyed classes, and to the fact that these marriages take place later in life than formerly.[45] It is not difficult to see that a retrograde movement in the marriages of the bourgeoisie must tell. Marriage brings an increase of expenses indeed, but among the proletariat it brings also an increase of revenue (the woman may earn something by working away from home, or save by doing the work of the house herself). Among the bourgeoisie, on the other hand, it brings with it pecuniary disadvantages only, at least if we except those cases in which the wife is more or less rich. The struggle for existence becomes [[302]]more and more difficult, and especially among the members of the petty bourgeoisie and those who practice the liberal professions marriage does not take place until later in life, and in general the number of marriages diminishes.[46] To this it is still necessary to add the fact that in Europe and in some of the states of North America the number of women exceeds that of the men.[47]
The diminishing opportunity for women of the more or less well-to-do classes to marry forces them to earn their own living. The change that housekeeping has undergone and is still undergoing must also be taken into consideration. The importance of housekeeping continually decreases in consequence of the extension of manufacturing, which absorbs the special tasks of the household one after another. While formerly clothes were made at home, bread was baked there, etc., at present there remains for the work of the household only the care of the house and the preparation of the food. And even these occupations may soon be taken out of the house.[48] Unmarried women of the bourgeoisie used formerly often to be able to find a home with members of their family, since they were able to be of service. At present they are in general only superfluous persons in the household.
Even the married women of the bourgeoisie find themselves more and more forced to contribute to the revenues of the family by working for money,[49] and this for reasons already cited in speaking of unmarried women: the increasing difficulty of the struggle for existence, and the diminution of the importance of household occupations. Outside of those whose economic situation forces them to work for money, the number of women who seek to earn something is becoming greater and greater. With these it is not necessity that forces them, but the spirit of independence awakened in them by the example of the others. If, on the one hand, the supply of women’s labor increases, on the other hand the demand is increasing also; for though it has been asserted that women are incapable of anything beyond housekeeping, they have proved their aptitude for many of the professions. And besides, the labor of women is much sought after, for not being yet organized like men, the wages they can obtain are not so large. [[303]]
And if the women of the bourgeoisie are engaging more and more in paid labor, the women of the proletariat were forced into it long ago. The labor of women became possible through the development of mechanical processes, as our exposition of the present economic system has shown. Since then this form of labor has assumed larger and larger proportions. The unmarried women of the proletariat are all obliged to provide for their needs, while the married women also often are, and the number of these is continually increasing.[50]
By what has gone before it has been indicated how important a change has taken place and is still taking place in the economic position of women. This change is in the last analysis the reason why women have revolted more and more against the inferior position in which the law places them, and why their opposition has already taken the form of deeds. This is the reason also why the legal position of woman is best in general in those countries where she has freed herself most by her independent work, as, for example, in the United States.
Up to this point we have examined only the legal side of the question. We must go on to add some observations concerning the material side. The civil codes rest, among other things, upon the fiction that all persons are equal. No mention is made of the division into distinct classes; and it is the same with marriage. Before the law all marriages are equal, while in reality they are not so. It is necessary, therefore to treat of the conjugal conditions of the different classes.[51]