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Table of contents
THE CONQUEST OF THE VENEREAL DISEASES-8.1
THE CONQUEST OF THE VENEREAL DISEASES-8.2
THE CONQUEST OF THE VENEREAL DISEASES-8.3
THE CONQUEST OF THE VENEREAL DISEASES-8.4
THE CONQUEST OF THE VENEREAL DISEASES-8.5
THE CONQUEST OF THE VENEREAL DISEASES-8.6
FOOTNOTES
SEXUAL MORALITY-9.1
SEXUAL MORALITY-9.2
SEXUAL MORALITY-9.3
SEXUAL MORALITY-9.4
SEXUAL MORALITY-9.5
SEXUAL MORALITY-9.6
SEXUAL MORALITY-9.7
SEXUAL MORALITY-9.8
SEXUAL MORALITY-9.9
MARRIAGE-10.1
MARRIAGE-10.2
MARRIAGE-10.3
MARRIAGE-10.4
MARRIAGE-10.5
MARRIAGE-10.6
MARRIAGE-10.7
MARRIAGE-10.8
MARRIAGE-10.9
MARRIAGE-10.10
MARRIAGE-10.11
MARRIAGE-10.12
FOOTNOTES
THE ART OF LOVE-11.1
THE ART OF LOVE-11.2
THE ART OF LOVE-11.3
THE ART OF LOVE-11.4
THE ART OF LOVE-11.5
THE ART OF LOVE-11.6
THE ART OF LOVE-11.7
THE ART OF LOVE-11.8
THE ART OF LOVE-11.9
THE ART OF LOVE-11.10
THE ART OF LOVE-11.11
FOOTNOTES
THE SCIENCE OF PROCREATION-12.1
THE SCIENCE OF PROCREATION-12.2
THE SCIENCE OF PROCREATION-12.3
THE SCIENCE OF PROCREATION-12.4
THE SCIENCE OF PROCREATION-12.5
THE SCIENCE OF PROCREATION-12.6
THE SCIENCE OF PROCREATION-12.7
THE SCIENCE OF PROCREATION-12.8
THE SCIENCE OF PROCREATION-12.9
FOOTNOTES
INDEX OF AUTHORS

Protestants and Puritans. No definition of marriage is indeed usually laid 

down by the States, but, Howard says (op. cit., vol. ii, p. 395), "in 

effect matrimony is treated as a relation partaking of the nature of both 

status and contract." 

 

[358] This point of view has been vigorously set forth by Paul and Victor 

Margueritte, _Quelques Idees_. 

 

[359] I may remark that this was pointed out, and its consequences 

vigorously argued, many years ago by C.G. Garrison, "Limits of Divorce," 

_Contemporary Review_, Feb., 1894. "It may safely be asserted," he 

concludes, "that marriage presents not one attribute or incident of 

anything remotely resembling a contract, either in form, remedy, 

procedure, or result; but that in all these aspects, on the contrary, it 

is fatally hostile to the principles and practices of that division of the 

rights of persons." Marriage is not contract, but conduct. 

 

[360] See, e.g., P. and V. Margueritte, op. cit. 

 

[361] As quoted by Howard, op. cit., vol. ii, p. 29. 

 

[362] Ellen Key similarly (_Ueber Liebe und Ehe_, p. 343) remarks that to 

talk of "the duty of life-long fidelity" is much the same as to talk of 

"the duty of life-long health." A man may promise, she adds, to do his 

best to preserve his life, or his love; he cannot unconditionally 

undertake to preserve them. 

 

[363] Hobhouse, op. cit., vol. 1, pp. 159, 237-9; cf. P. and V. 

Margueritte, _Quelques Idees_. 

 

[364] "Divorce," as Garrison puts it ("Limits of Divorce," _Contemporary 

Review_, Feb., 1894), "is the judicial announcement that conduct once 

connubial in character and purpose, has lost these qualities.... Divorce 

is a question of fact, and not a license to break a promise." 

 

[365] See, _ante_, p. 425. 

 

[366] It has been necessary to discuss reproduction in the first chapter 

of the present volume, and it will again be necessary in the concluding 

chapter. Here we are only concerned with procreation as an element of 

marriage. 

 

[367] Nietzold, _Die Ehe in AEgypten zur Ptolemaeisch-roemischen Zeit_, 1903, 

p. 3. This bond also accorded rights to any children that might be born 

during its existence. 

 

[368] See, e.g., Ellen Key, _Mutter und Kind_, p. 21. The necessity for 

the combination of greater freedom of sexual relationships with greater 

stringency of parental relationships was clearly realized at an earlier 

period by another able woman writer, Miss J.H. Clapperton, in her notable 

book, _Scientific Meliorism_, published in 1885. "Legal changes," she 

wrote (p. 320), "are required in two directions, viz., towards greater 

freedom as to marriage and greater strictness as to parentage. The 

marriage union is essentially a private matter with which society has no 

call and no right to interfere. Childbirth, on the contrary, is a public 

event. It touches the interests of the whole nation." 

 

[369] Ellen Key, _Liebe und Ehe_, p. 168; cf. the same author's _Century 

of the Child_. 

 

[370] In Germany alone 180,000 "illegitimate" children are born every 

year, and the number is rapidly increasing; in England it is only 40,000 

per annum, the strong feeling which often exists against such births in 

England (as also in France) leading to the wide adoption of methods for 

preventing conception. 

 

[371] "Where are real monogamists to be found?" asked Schopenhauer in his 

essay, "Ueber die Weibe." And James Hinton was wont to ask: "What is the 

meaning of maintaining monogamy? Is there any chance of getting it, I 

should like to know? Do you call English life monogamous?" 

 

[372] "Almost everywhere," says Westermarck of polygyny (which he 

discusses fully in Chs. XX-XXII of his _History of Human Marriage_) "it is 


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