SIR: In the foregoing letter I have examined the theory of the connection between equality and justice, with the view of showing that the only real connection between the two ideas is to be found in the fact that, as justice implies general rules, it also implies an impartial application of those rules to all the particular cases to which they may apply. I also showed that when equality is spoken of as being just or unjust in any more general sense than this, the expression can mean nothing else than that it is or is not generally expedient. The doctrine upon this subject which I deny, and which I am disposed to think Mr. Mill affirms—though, if he does, it is with somewhat less than his usual transparent vigor and decision is that equality is in itself always expedient, or, to say the very least, presumably expedient, and that in every case of inequality the burden of proof lies on those who justify its maintenance.
If I had time to do so, I might give in proof or illustration of this the whole of his essay on the “Subjection of Women,” a work from which I dissent from the first sentence to the last, but which I will consider on the present occasion only with reference to the particular topic of equality, and as the strongest distinct illustration known to me of what is perhaps one of the strongest, and what appears to me to be by far the most ignoble, contemptible, and mischievous of all the popular feelings of the age.
The object of Mr. Mill’s essay is to explain the grounds of the opinion that “the principle which regulates the existing social relations between the two sexes, the legal subordination of one sex to the other, is wrong in itself, and now one of the chief hindrances to human improvement; and that it ought to he replaced by a principle of perfect equality, admitting no power or privilege on the one side, nor disability on the other.”
Mr. Mill is fully aware of the difficulty of his task. He admits that he is arguing against “an almost universal opinion,” but he urges that it and the practice founded on it is a relic of a by-gone state of things. “We now live—that is to say, one or two of the most advanced nations of the world now live—in a state in which the law of the strongest seems to be entirely abandoned as the regulating principle of the world’s affairs. Nobody professes it, and, as regards most of the relations between human beings, nobody is permitted to practise it…. This being the ostensible state of things, people flatter themselves that the rule of mere force is ended.” Still they do not know how hard it dies, and in particular they are unaware of the fact that it still regulates the relations between men and women. It is true that the actually existing generation of women do not dislike their position. The consciousness of this haunts Mr. Mill throughout the whole of his argument, and embarrasses him at every turn. He is driven to account for it by such assertions as that “each individual of the subject class is in a chronic state of bribery and intimidation combined,” by reference to the affection which slaves in classical times felt for their masters in many cases, and by other suggestions of the same sort. His great argument against the present state of things is that it is opposed to what he calls “the modern conviction, the fruit of a thousand years of experience”—
“That things in which the individual is the person directly interested never go right but as they are left to his own discretion, and that any regulation of them by authority except to protect the rights of others is sure to be mischievous . .
. . The peculiar character of the modern world . . . is that human beings are no longer born to their place in life and chained down by an inexorable bond to the place they are born to, but are free to employ their faculties and such favorable chances as offer, to achieve the lot which may appear to them most desirable. Human society of old was constituted on a very different principle. All were born to a fixed social position, and were mostly kept in it by law or interdicted from any means by which they could emerge from it . . . . In consonance with this doctrine it is felt to be an overstepping of the proper bounds of authority to fix beforehand on some general presumption that certain persons are not fit to do certain things. It is now thoroughly known and admitted that if some such presumptions exist no such presumption is infallible . . . . Hence we ought not . . . to ordain that to be born a girl instead of a boy shall decide the person’s position all through life.”
The result is that “the social subordination of women thus stands out as an isolated fact in modern social institutions.” It is in “radical opposition” to “the progressive movement, which is the boast of the modern world.” This fact creates a “prima-facie presumption” against it, “far outweighing any which custom and usage could in such circumstances create” in its favor.
I will not follow Mr. Mill through the whole of his argument, much of which consists of matter not relevant to my present purpose, and not agreeable to discuss, though many of his assertions provoke reply. There is something—I hardly know what to call it, indecent is too strong a word, but I may say unpleasant in the direction of indecorum—in prolonged and minute discussions about the relations between men and women, and the characteristics of women as such. I will therefore pass over what Mr. Mill says on this subject with a mere general expression of dissent from nearly every word he says. The following extracts show the nature of that part of his theory which bears on the question of equality:
“The equality of married persons before the law . . . is the only means of rendering the daily life of mankind in any high sense a school of moral cultivation. Though the truth may not be felt or generally acknowledged for generations to come, the only school of genuine moral sentiment is society between equals. The moral education of mankind has hitherto emanated chiefly from the law of force, and is adapted almost solely to the relations which force creates. In the less advanced states of society, people hardly recognize any relation with their equals. To be an equal is to be an enemy. Society, from its highest place to its lowest, is one long chain, or rather ladder, where every individual is either above or below his nearest neighbor, and wherever he does not command he must obey. Existing moralities, accordingly, are mainly fitted to a relation of command and obedience. Yet command and obedience are but unfortunate necessities of human life; society in equality is its normal state. Already in modern life, and more and more as it progressively improves, command and obedience become exceptional facts in life, equal association its general rule .
. . . “We have had the morality of submission and the morality of chivalry and generosity; the time is now come for the morality of justice.”
In another part of the book this doctrine is stated more fully in a passage of which it will be enough for my purpose to quote a very few lines:
“There are many persons for whom it is not enough that the inequality” (between the sexes) “has no just or legitimate defence; they require to be told what express advantage would be obtained by abolishing it. To which let me first answer, the advantage of having all the most universal and pervading of all human relations regulated by justice instead of injustice. The vast amount of this gain to human nature it is hardly possible by any explanation or illustration to place in a stronger light than it is placed in by the bare statement to any one who attaches a moral meaning to words.”
These passages show what Mr. Mill’s doctrine of equality is, and how it forms the very root, the essence, so to speak, of his theory about the subjection of women. I consider it unsound in every respect. I think that it rests upon an unsound view of history, an unsound view of morals, and a grotesquely distorted view of facts, and I believe that its practical application would be as injurious as its theory is false.
The theory may be shortly restated in the following propositions, which I think are implied in or may be collected from the extracts given above. They are as follows:
1. Justice requires that all people should live in society as equals.
2. History shows that human progress has been a progress from a “law of force” to a condition in which command and obedience become exceptional.
3. The “law of the strongest” having in this and one or two other countries been “entirely abandoned” in all other relations of life, it may be presumed not to apply to the relation between the sexes.
4. The notorious facts as to the nature of that relation show that in this particular case the presumption is, in fact, well founded.
I dissent from each of these propositions. In the present letter I shall examine the first and the fourth, which may be regarded as an illustration of the first. On a subsequent occasion I shall consider the second and third. First, as to the proposition that justice requires that all people should live in society as equals. I have already shown that this is equivalent to the proposition that it is expedient that all people should live in society as equals. Can this be proved? for it is certainly not a self-evident proposition.
I think that if the rights and duties which laws create are to be generally advantageous, they ought to be adapted to the situation of the persons who enjoy or are subject to them. They ought to recognize both substantial equality and substantial inequality, and they should from time to time be so moulded and altered as always to represent fairly well the existing state of society. Government, in a word, ought to fit society as a man’s clothes fit him. To establish by law rights and duties which assume that people are equal when they are not is like trying to make clumsy feet look handsome by the help of tight boots. No doubt it may be necessary to legislate in such a manner as to correct the vices of society, or to protect it against special dangers or diseases to which it is liable. Law in this case is analogous to surgery, and the rights and duties imposed by it might be compared to the irons which are sometimes contrived for the purpose of supporting a weak limb or keeping it in some particular position. As a rule, however, it is otherwise. Rights and duties should be so moulded as to clothe, protect, and sustain society in the position which it naturally assumes. The proposition, therefore, that justice demands that people should live in society as equals may be translated thus: “It is inexpedient that any law should recognize any inequality between human beings.” This appears to me to involve the assertion, “There are no inequalities between human beings of sufficient importance to influence the rights and duties which it is expedient to confer upon them.” This proposition I altogether deny. I say that there are many such differences, some of which are more durable and more widely extended than others, and of which some are so marked and so important that, unless human nature is radically changed, we cannot even imagine their removal; and of these the differences of age and sex are the most important.
The difference of age is so distinct a case of inequality that even Mr. Mill does not object to its recognition. He admits, as every one must, that perhaps a third or more of the average term of human life—and that the portion of it in which the strongest, the most durable, and beyond all comparison the most important impressions are made on human beings, the period in which character is formed— must be passed by every one in a state of submission, dependence, and obedience to orders the objects of which are usually most imperfectly understood by the persons who receive them. Indeed, as I have pointed out in previous letters, Mr. Mill is disposed rather to exaggerate than to underrate the influence of education and the powers of educators. Is not this a clear case of inequality of the strongest kind, and does it not at all events afford a most instructive precedent in favor of the recognition by law of a marked natural distinction? If children were regarded by law as the equals of adults, the result would be something infinitely worse than barbarism. It would involve a degree of cruelty to the young which can hardly be realized even in imagination. The proceeding, in short, would be so utterly monstrous and irrational that I suppose it never entered into the head of the wildest zealot for equality to propose it. Upon the practical question all are agreed; but consider the consequences which it involves. It involves the consequence that, so far from being “unfortunate necessities,” command and obedience stand at the very entrance to life, and preside over the most important part of it. It involves the consequence that the exertion of power and constraint is so important and so indispensable in the greatest of all matters that it is a less evil to invest with it every head of a family indiscriminately, however unfit he may be to exercise it, than to fail to provide for its exercise. It involves the consequence that, by mere lapse of time and by following the promptings of passion, men acquire over others a position of superiority and of inequality which all nations and ages, the most cultivated as well as the rudest, have done their best to surround with every association of awe and reverence. The title of Father is the one which the best part of the human race have given to God, as being the least inadequate and inappropriate means of indicating the union of love, reverence, and submission. Whoever first gave the command or uttered the maxim, “Honor thy father and thy mother, that thy days may be long in the land,” had a far better conception of the essential conditions of permanent national existence and prosperity than the author of the motto “Liberty, Equality, and Fraternity.”
Now, if society and government ought to recognize the inequality of age as the foundation of an inequality of rights of this importance, it appears to me at least equally clear that they ought to recognize the inequality of sex for the same purpose, if it is a real inequality. Is it one? There are some propositions which it is difficult to prove, because they are so plain, and this is one of them. The physical differences between the two sexes affect every part of the human body, from the hair of the head to the sole of the feet, from the size and density of the bones to the texture of the brain and the character of the nervous system. Ingenious people may argue about any thing, and Mr. Mill does say a great number of things about women which, as I have already observed, I will not discuss; but all the talk in the world will never shake the proposition that men are stronger than women in every shape. They have greater muscular and nervous force, greater intellectual force, greater vigor of character. This general truth, which has been observed under all sorts of circumstances and in every age and country, has also in every age and country led to a division of labor between men and women, the general outline of which is as familiar and as universal as the general outline of the differences between them. These are the facts, and the question is, whether the law and public opinion ought to recognize this difference. How it ought to recognize it, what difference it ought to make between men and women as such, is quite another question. The first point to consider is, whether it ought to treat them as equals, although, as I have shown, they are not equals, because men are the stronger. I will take one or two illustrations. Men, no one denies, may, and in some cases ought to, be liable to compulsory military service. No one, I suppose, would hesitate to admit that, if we were engaged in a great war, it might become necessary, or that if necessary it would be right, to have a conscription both for the land and for the sea service. Ought men and women to be subject to it indiscriminately? If any one says that they ought, I have no more to say, except that he has got into the region at which argument is useless. But if it is admitted that this ought not to be done, an inequality of treatment founded on a radical inequality between the two sexes is admitted, and, if this admission is once made, where are you to draw the line? Turn from the case of liability to military service to that of education, which in Germany is rightly regarded as the other great branch of state activity, and the same question presents itself in another shape. Are boys and girls to be educated indiscriminately, and to be instructed in the same things? Are boys to learn to sew, to keep house, and to cook, as girls unquestionably ought to be, and are girls to play at cricket, to row, and be drilled like boys? I cannot argue with a person who says Yes. A person who says No admits an inequality between the sexes on which education must be founded, and which it must therefore perpetuate and perhaps increase.
Follow the matter a step further to the vital point of the whole question— marriage. Marriage is one of the subjects with which it is absolutely necessary both for law and morals to deal in some way or other. All that I need consider in reference to the present purpose is the question whether the laws and moral rules which relate to it should regard it as a contract between equals, or as a contract between a stronger and a weaker person involving subordination for certain purposes on the part of the weaker to the stronger. I say that a law which proceeded on the former and not on the latter of these views would be founded on a totally false assumption, and would involve cruel injustice in the sense of extreme general inexpediency, especially to women. If the parties to a contract of marriage are treated as equals, it is impossible to avoid the inference that marriage, like other partnerships, may be dissolved at pleasure. The advocates of women’s rights are exceedingly shy of stating this plainly. Mr. Mill says nothing about it in his book on the “Subjection of Women,” though in one place he comes very near to saying so, but it is as clear an inference from his principles as any thing can possibly be, nor has he ever disavowed it. If this were the law, it would make women the slaves of their husbands. A woman loses the qualities which make her attractive to men much earlier than men lose those which make them attractive to women. The tie between a woman and young children is generally far closer than the tie between them and their father. A woman who is no longer young, and who is the mother of children, would thus be absolutely in her husband’s power, in nine cases out of ten, if he might put an end to the marriage when he pleased. This is one inequality in the position of the parties which must be recognized and provided for beforehand if the contract is to be for their common good. A second inequality is this: When a man marries, it is generally because he feels himself established in life. He incurs, no doubt, a good deal of expense, but he does not in any degree impair his means of earning a living. When a woman marries, she practically renounces in all but the rarest cases the possibility of undertaking any profession but one, and the possibility of carrying on that one profession in the society of any man but one. Here is a second inequality. It would be easy to mention others of the deepest importance, but these are enough to show that to treat a contract of marriage as a contract between persons who are upon an equality in regard of strength and power to protect their interest is to treat it as being what it notoriously is not.
Again, the contract is one which involves subordination and obedience on the part of the weaker party to the stronger. The proof of this is, to my mind, as clear as that of a proposition in Euclid, and it is this:
1. Marriage is a contract, one of the principal ones of which is the government of a family.
2. This government must be vested either by law or by contract in the hands of one of the two married persons.
3. If the arrangement is made by contract, the remedy for breach of it must either be by law or by a dissolution of the partnership at the will of the contracting parties.
4. Law could give no remedy in such a case. Therefore the only remedy for breach of the contract would be dissolution of the marriage.
5. Therefore, if marriage is to be permanent, the government of the family must be put by law and by moral rules in the hands of the husband, for no one proposes to give it to the wife.
Mr. Mill is totally unable to meet this argument, and apparently embraces the alternative that marriage ought to be dissoluble at the pleasure of the parties. After much argument as to contracts which appear to be visionary, his words are these: “Things never come to an issue of downright power on one side and obedience on the other except where the connection has been altogether a mistake, and it would be a blessing to both parties to be relieved from it.”
This appears to me to show a complete misapprehension of the nature of family government, and of the sort of cases in which the question of obedience and authority can arise between husband and wife. No one contends that a man ought to have power to order his wife about like a slave, and beat her if she disobeys him. Such conduct in the eye of the law would be cruelty, and ground for a separation. The question of obedience arises in quite another way. It may, and no doubt often does, arise between the very best and most affectionate married people, and it need no more interfere with their mutual affection than the absolute power of the captain of a ship need interfere with perfect friendship and confidence between himself and his first-lieutenant. Take the following set of questions: “Shall we live on this scale or that? Shall we associate with such and such persons? Shall I, the husband, embark in such an undertaking, and shall we change our place of residence in order that I may do so? Shall we send our son to college? Shall we send our daughters to school or have a governess? For what profession shall we train our sons?” On these and a thousand other such questions the wisest and the most affectionate people might arrive at opposite conclusions. What is to be done in such a case? for something must be done. I say the wife ought to give way. She ought to obey her husband, and carry out the view at which he deliberately arrives, just as, when the captain gives the word to cut away the masts, the lieutenant carries out his orders at once, though he may be a better seaman and may disapprove them. I also say that, to regard this as a humiliation, as a wrong, or as an evil in itself, is a mark not of spirit and courage, but of a base, unworthy, mutinous disposition—a disposition utterly subversive of all that is most worth having in life. The tacit assumption involved in it is that it is a degradation ever to give up one’s own will to the will of another, and to me this appears the root of all evil, the negation of that which renders any combined efforts possible. No case can be specified in which people unite for a common object, from making a pair of shoes up to governing an empire, in which the power to decide does not rest somewhere; and what is this but command and obedience? Of course the person who for the time being is in command is of all fools the greatest if he deprives himself of the advantage of advice, if he is obstinate in his own opinion, if he does not hear as well as determine; but it is also practically certain that his inclination to hear will be proportioned to the degree of importance which he has been led to attach to the function of determining.
To sum the matter up, it appears to me that all the laws and moral rules by which the relation between the sexes is regulated should proceed upon the principle that their object is to provide for the common good of two great divisions of mankind who are connected together by the closest and most durable of all bonds, and who can no more have really conflicting interests than the different members of the same body, but who are not and never can be equals in any of the different forms of strength.
This problem law and morals have solved by monogamy, indissoluble marriage on the footing of the obedience of the wife to the husband, and a division of labor with corresponding differences in the matters of conduct, manners, and dress. Substantially this solution appears to me to be right and true; but I freely admit that in many particulars the stronger party has in this, as in other cases, abused his strength, and made rules for his supposed advantage, which, in fact, are greatly to the injury of both parties. It is, needless to say any thing in detail of the stupid coarseness of the laws about the effects of marriage on property—laws which might easily be replaced by a general statutory marriage settlement analogous to those which every prudent person makes who has any thing to settle. As to acts of violence against women, by all means make the law on this head as severe as it can be made without defeating itself.
As to throwing open to women the one or two employments from which they are at present excluded, it is rather a matter of sentiment than of practical importance. I need not revive in this place a trite discussion. My object at present is simply to establish the general proposition that men and women are not equals, and that the laws which affect their relations ought to recognize that fact.
In my next letter I shall examine the opinion that laws which recognize any sort of inequality between human beings are mere vestiges of the past, against which as such there lies the strongest of all presumptions.—I am, sir, your obedient servant,
Becoming America, Wendy Kurant, ed., CC-BY-SA