H G Wells Omnibus, page 811
But compulsory pairing is one thing, and the maintenance of general limiting conditions is another, and one well within the scope of State activity. The State is justified in saying, before you may add children to the community for the community to educate and in part to support, you must be above a certain minimum of personal efficiency, and this you must show by holding a position of solvency and independence in the world; you must be above a certain age, and a certain minimum of physical development, and free of any transmissible disease. You must not be a criminal unless you have expiated your offence. Failing these simple qualifications, if you and some person conspire and add to the population of the State, we will, for the sake of humanity, take over the innocent victim of your passions, but we shall insist that you are under a debt to the State of a peculiarly urgent sort, and one you will certainly pay, even if it is necessary to use restraint to get the payment out of you: it is a debt that has in the last resort your liberty as a security, and, moreover, if this thing happens a second time, or if it is disease or imbecility you have multiplied, we will take an absolutely effectual guarantee that neither you nor your partner offend again in this matter.
“Harsh!” you say, and “Poor Humanity!”
You have the gentler alternative to study in your terrestrial slums and asylums.
It may be urged that to permit conspicuously inferior people to have one or two children in this way would be to fail to attain the desired end, but, indeed, this is not so. A suitably qualified permission, as every statesman knows, may produce the social effects without producing the irksome pressure of an absolute prohibition. Amidst bright and comfortable circumstances, and with an easy and practicable alternative, people will exercise foresight and self-restraint to escape even the possibilities of hardship and discomfort; and free life in Utopia is to be well worth this trouble even for inferior people. The growing comfort, self-respect, and intelligence of the English is shown, for example, in the fall in the proportion of illegitimate births from 2.2 per 1,000 in 1846-50 to 1.2 per 1,000 in 1890-1900, and this without any positive preventive laws whatever. This most desirable result is pretty certainly not the consequence of any great exaltation of our moral tone, but simply of a rising standard of comfort and a livelier sense of consequences and responsibilities. If so marked a change is possible in response to such progress as England has achieved in the past fifty years, if discreet restraint can be so effectual as this, it seems reasonable to suppose that in the ampler knowledge and the cleaner, franker atmosphere of our Utopian planet the birth of a child to diseased or inferior parents, and contrary to the sanctions of the State, will be the rarest of disasters.
And the death of a child, too, that most tragic event, Utopia will rarely know. Children are not born to die in childhood. But in our world, at present, through the defects of our medical science and nursing methods, through defects in our organisation, through poverty and carelessness, and through the birth of children that never ought to have been born, one out of every five children born dies within five years. It may be the reader has witnessed this most distressful of all human tragedies. It is sheer waste of suffering. There is no reason why ninety-nine out of every hundred children born should not live to a ripe age. Accordingly, in any Modern Utopia, it must be insisted they will.
3.
All former Utopias have, by modern standards, erred on the side of over regulation in these matters. The amount of State interference with the marriage and birth of the citizens of a modern Utopia will be much less than in any terrestrial State. Here, just as in relation to property and enterprise, the law will regulate only in order to secure the utmost freedom and initiative.
Up to the beginning of this chapter, our Utopian speculations, like many Acts of Parliament, have ignored the difference of sex. “He” indeed is to be read as “He and She” in all that goes before. But we may now come to the sexual aspects of the modern ideal of a constitution of society in which, for all purposes of the individual, women are to be as free as men. This will certainly be realised in the Modern Utopia, if it can be realised at all—not only for woman’s sake, but for man’s.
But women may be free in theory and not in practice, and as long as they suffer from their economic inferiority, from the inability to produce as much value as a man for the same amount of work—and there can be no doubt of this inferiority—so long will their legal and technical equality be a mockery. It is a fact that almost every point in which a woman differs from a man is an economic disadvantage to her, her incapacity for great stresses of exertion, her frequent liability to slight illnesses, her weaker initiative, her inferior invention and resourcefulness, her relative incapacity for organisation and combination, and the possibilities of emotional complications whenever she is in economic dependence on men. So long as women are compared economically with men and boys they will be inferior in precisely the measure in which they differ from men. All that constitutes this difference they are supposed not to trade upon except in one way, and that is by winning or luring a man to marry, selling themselves in an almost irrevocable bargain, and then following and sharing his fortunes for “better or worse.”
But—do not let the proposition in its first crudity alarm you—suppose the Modern Utopia equalises things between the sexes in the only possible way, by insisting that motherhood is a service to the State and a legitimate claim to a living; and that, since the State is to exercise the right of forbidding or sanctioning motherhood, a woman who is, or is becoming, a mother, is as much entitled to wages above the minimum wage, to support, to freedom, and to respect and dignity as a policeman, a solicitor-general, a king, a bishop in the State Church, a Government professor, or anyone else the State sustains. Suppose the State secures to every woman who is, under legitimate sanctions, becoming or likely to become a mother, that is to say who is duly married, a certain wage from her husband to secure her against the need of toil and anxiety, suppose it pays her a certain gratuity upon the birth of a child, and continues to pay at regular intervals sums sufficient to keep her and her child in independent freedom, so long as the child keeps up to the minimum standard of health and physical and mental development. Suppose it pays more upon the child when it rises markedly above certain minimum qualifications, physical or mental, and, in fact, does its best to make thoroughly efficient motherhood a profession worth following. And suppose in correlation with this it forbids the industrial employment of married women and of mothers who have children needing care, unless they are in a position to employ qualified efficient substitutes to take care of their offspring. What differences from terrestrial conditions will ensue?
This extent of intervention will at least abolish two or three salient hardships and evils of the civilised life. It will abolish the hardship of the majority of widows, who on earth are poor and encumbered exactly in proportion as they have discharged the chief distinctive duty of a woman, and miserable, just in proportion as their standard of life and of education is high. It will abolish the hardship of those who do not now marry on account of poverty, or who do not dare to have children. The fear that often turns a woman from a beautiful to a mercenary marriage will vanish from life. In Utopia a career of wholesome motherhood would be, under such conditions as I have suggested, the normal and remunerative calling for a woman, and a capable woman who has borne, bred, and begun the education of eight or nine well-built, intelligent, and successful sons and daughters would be an extremely prosperous woman, quite irrespective of the economic fortunes of the man she has married. She would need to be an exceptional woman, and she would need to have chosen a man at least a little above the average as her partner in life. But his death, or misbehaviour, or misfortunes would not ruin her.
Now such an arrangement is merely the completed induction from the starting propositions that make some measure of education free and compulsory for every child in the State. If you prevent people making profit out of their children—and every civilised State—even that compendium of old-fashioned Individualism, the United States of America—is now disposed to admit the necessity of that prohibition—and if you provide for the aged instead of leaving them to their children’s sense of duty, the practical inducements to parentage, except among very wealthy people, are greatly reduced. The sentimental factor in the case rarely leads to more than a solitary child or at most two to a marriage, and with a high and rising standard of comfort and circumspection it is unlikely that the birth-rate will ever rise very greatly again. The Utopians will hold that if you keep the children from profitable employment for the sake of the future, then, if you want any but the exceptionally rich, secure, pious, unselfish, or reckless to bear children freely, you must be prepared to throw the cost of their maintenance upon the general community.
In short, Utopia will hold that sound childbearing and rearing is a service done, not to a particular man, but to the whole community, and all its legal arrangements for motherhood will be based on that conception.
4.
And after these preliminaries we must proceed to ask, first, what will be the Utopian marriage law, and then what sort of customs and opinions are likely to be superadded to that law?
The trend of our reasoning has brought us to the conclusion that the Utopian State will feel justified in intervening between men and women on two accounts, first on account of paternity, and secondly on account of the clash of freedoms that may otherwise arise. The Utopian State will effectually interfere with and prescribe conditions for all sorts of contract, and for this sort of contract in particular it will be in agreement with almost every earthly State, in defining in the completest fashion what things a man or woman may be bound to do, and what they cannot be bound to do. From the point of view of a statesman, marriage is the union of a man and woman in a manner so intimate as to involve the probability of offspring, and it is of primary importance to the State, first in order to secure good births, and secondly good home conditions, that these unions should not be free, nor promiscuous, nor practically universal throughout the adult population.
Prolific marriage must be a profitable privilege. It must occur only under certain obvious conditions, the contracting parties must be in health and condition, free from specific transmissible taints, above a certain minimum age, and sufficiently intelligent and energetic to have acquired a minimum education. The man at least must be in receipt of a net income above the minimum wage, after any outstanding charges against him have been paid. All this much it is surely reasonable to insist upon before the State becomes responsible for the prospective children. The age at which men and women may contract to marry is difficult to determine. But if we are, as far as possible, to put women on an equality with men, if we are to insist upon a universally educated population, and if we are seeking to reduce the infantile death-rate to zero, it must be much higher than it is in any terrestrial State. The woman should be at least one-and-twenty; the man twenty-six or twenty-seven.
One imagines the parties to a projected marriage first obtaining licenses which will testify that these conditions are satisfied. From the point of view of the theoretical Utopian State, these licenses are the feature of primary importance. Then, no doubt, that universal register at Paris would come into play. As a matter of justice, there must be no deception between the two people, and the State will ensure that in certain broad essentials this is so. They would have to communicate their joint intention to a public office after their personal licenses were granted, and each would be supplied with a copy of the index card of the projected mate, on which would be recorded his or her age, previous marriages, legally important diseases, offspring, domiciles, public appointments, criminal convictions, registered assignments of property, and so forth. Possibly it might be advisable to have a little ceremony for each party, for each in the absence of the other, in which this record could be read over in the presence of witnesses, together with some prescribed form of address of counsel in the matter. There would then be a reasonable interval for consideration and withdrawal on the part of either spouse. In the event of the two people persisting in their resolution, they would after this minimum interval signify as much to the local official and the necessary entry would be made in the registers. These formalities would be quite independent of any religious ceremonial the contracting parties might choose, for with religious belief and procedure the modern State has no concern.
So much for the preliminary conditions of matrimony. For those men and women who chose to ignore these conditions and to achieve any sort of union they liked the State would have no concern, unless offspring were born illegitimately. In that case, as we have already suggested, it would be only reasonable to make the parents chargeable with every duty, with maintenance, education, and so forth, that in the normal course of things would fall to the State. It would be necessary to impose a life assurance payment upon these parents, and to exact effectual guarantees against every possible evasion of the responsibility they had incurred. But the further control of private morality, beyond the protection of the immature from corruption and evil example, will be no concern of the State’s. When a child comes in, the future of the species comes in; and the State comes in as the guardian of interests wider than the individual’s; but the adult’s private life is the entirely private life into which the State may not intrude.
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.
