CATECHISM
OF MARRIAGE
[from Justice in the Revolution and in the Church,
New Edition, Vol. IV]
Question. — What is the conjugal couple?
Answer. — Every power of nature, every faculty of life,
every affection of the soul, every category of the intelligence, needs an organ,
in order to manifest itself and act. The sentiment of Justice can be no
exception to that law. But Justice, which rules all the other faculties and
surpasses liberty itself, not being able to have its organ in the individual,
would remain for man a notion without efficacy, and society would be
impossible, if nature had not provided the juridical organism by making each
individual half of a higher being, whose androgynous duality becomes an organ
of Justice.
Q. — Why is the individual incapable of serving
as an organ of Justice?
A. —
Because individuals possess only the sense of their own dignity, which is enough
for free will, while Justice is necessarily dual, because it supposes at least
two consciences in unison. The dignity of the individual subject would appear
only as the first term of Justice, and become respectable even for the
individual only insofar as it interests the dignity of others. It is through
marriage that man learns, from nature itself, to sense himself as double. His
social education and his elevation in Justice will just be the development of
this dualism.
Q. — Why, in the juridical organism, are the two
persons dissimilar.
A. —
Because, if they were similar, they would not complete one another. They would
both be independent, without reciprocal action, and they would be incapable,
for that reason, of producing Justice.
Q. — How do men and women differ from one
another?
A. — In
principle, there is no difference between men and women but a simple diminution
in the faculties. Man is stronger, and woman weaker. In fact, that decrease of
energy creates for the woman, in the moral and physical realms, a qualitative
distinction which allows us to give this definition to the two: Man represents
the power of that of which woman represents the ideal, and reciprocally, woman
represents the ideal of that of which man represents the power. Before the
Absolute, man and woman are two equivalent persons, because the strength and
the beauty of which they are the incarnations are equivalents.
Q. — What is love?
A. —
Love is the attraction that Strength and Beauty inevitably feel for one another.
Its nature is consequently not the same in men and women. Moreover, it is
through love that both of their consciences work for Justice, and each becomes
for the other at once a witness, a judge and a second self.
Q. — How do you define marriage?
A. — Marriage
is the sacrament of Justice, the living mystery of universal harmony, and the
form given by nature itself to the religion of the human race. In a less
elevated sphere, marriage is the act by which men and women, elevating
themselves above love and the senses, declare their will to unite according to
right, and to pursue, as much as they are capable, the accomplishment of social
destiny, by working for the progress of Justice. That definition is related to
the definition of Modestin, Juris humani
et divini communicatio, which M. Ernest Legouvé translated, with less pomp,
as School of mutual perfection.
In this
religion of the family we could say that the husband or the father is the
priest, the woman is the idol, and the children are the people. There are
several initiations: the wedding, the
hearth or the table, birth, puberty, the advice, the will and the funeral. All are in the hands of the
father. They are nourished by his labor, protected by his sword, subject to his
government and his tribunal, inheritors and upholders of his thought. Here is justice,
complete, organized and armed. In the father, wife and children, its has found its
apparatus, which will only be extended by the increase of families and the
development of the city. Authority is there as well, but only temporarily. When
the children reach majority, the father preserves only an honorific title with
regard to them. Finally, religion is also preserved. While the interpretation
of symbols, the habits of science and the exercise of reasoning steadily weaken
it everywhere else, it remains in the family, is distilled there, and fears no
attack. The revelation of women, entirely ideal, cannot be analyzed, nor denied,
nor extinguished.
Q. — How, redeemed by this religion in which it
is easy to recognize the embryo of all those that have followed it, does woman
remain nonetheless subordinate to man?
A. — It
is precisely because women are objects of worship, and because there is no
common measure between force and the ideal. In no way does the woman enter into
balance with the man. As an industrialist, philosopher or public functionary,
she cannot. As a goddess, she must not. She is always too high or too low. The
man will die for her, as he died for his faith and his gods, but he will keep
the command and responsibility.
A. — Why is marriage, on both sides, monogamous?
A. — Because
conscience is shared between the two spouses, and it cannot, without dissolving
itself, admit a third participant. Conscience for conscience, like love for
love, life for life, soul for soul, liberty for liberty: such is the law of marriage.
Introduce another person, and the ideal dies, the religion is lost, the
unanimity expires and Justice fades away.
Q. — Why is marriage indissoluble?
A. —
Because conscience is immutable. The woman, expression of the ideal, may well, with
regard to love, have a double in another woman, and be replaced by that living
being; the man, expression of power, may as well. But with regard to the
justification of which men and women are agents for one another, they cannot,
apart from the case of death, leave one another and mutually give one another an
alternative, since that would be to admit their common indignity, to unjustify each other, if we can put it
thus; in other words, to become sacrilegious. The man who changes his wife creates
a new conscience; he does not improve, but rather corrupts himself.
Q. — Thus you reject divorce?
A. —
Absolutely. The civil and religious laws have posited the cases of nullity and
of the dissolution of marriage, such individual error, clandestiness, crime,
castration and death: these exceptions suffice. As for those tormented by
lassitude, the thirst for pleasure, incompatibility of temperament, lack of
charity, let them make, as they say, a separation.
The worthy spouse only has to heal the wounds to his conscience and heart; the
other no longer has the right to aspire to marriage: what he requires is
concubinage.
Q. — Is it moral to prohibit the separated from
remarrying, casting them into a union of concubinage?
A. —
Cohabitation, or concubinage, is a natural combination, freely contracted by
two individuals, without the intervention of society, with a view only to
amorous enjoyment and subject to separation ad
libitum. Apart from some exceptions, produced by the hazards of society and
the difficulties of existence, cohabitation is the mark of a weak conscience,
and it is with reason that the legislator refuses it the rights and
prerogatives of marriage.
But
society is not the work of one day; virtue is a difficult practice, without
speaking of those to whom marriage is inaccessible. Now, the mission of the
legislators, when they cannot obtain the best, is to avoid the worst. At the
same time that we rule out divorce, the tendency of which will be to demean marriage
by bringing it closer to concubinage, it is advisable, in the interest of women,
illegitimate children and public mores, to impose certain obligations on
concubinage which lifts it and pushes it towards legitimate union. All of
antiquity accepted these principles. The emperor Augustus created a legal state in concubinage; Christianity
tolerated it for a long time, and has still never been about to distinguish it
from marriage. Consequently, everyone should be declared by law to be
concubinaires who, apart from cases of adultery, incest, fornication and
prostitution, maintain a commerce in love, whether or not they have a common
domicile. Every child born in concubinage will bear by right the name of his
father, following the maxim Pater est
quem concubinatus demonstrat. The father in concubinage, just like the
married father, will also be held to provide for the subsistence and education of
his offspring. The neglected concubine would be entitled to compensation, unless she has
first engaged in another concubinage.
Q. — What are the forms of marriage?
A. — The
are reduced to two: the announcement or publication, and the celebration. Society
is involved in these, is the first rank, in the person of the magistrate and
witnesses; the families of the couples form the second line, in the person of
the parents.
Q. — What do these formalities signify?
A. — We
have said that marriage is instituted for the sanctification of love: it is a
pact of chastity, charity and justice, by which the spouses declare themselves publically
to be freed, both of them by one another, from the tribulations of the flesh
and the cares of gallantry. Consequently, it is sacred to all and inviolable. That
is why, apart from some stipulations of interest also require publicity, the
family and the city appear in the ceremony: the engagement of the couple, made
in view of Justice, carries farther than their persons; their conjugal
conscience becomes part of the social conscience, and, as the marriage insures
their dignity, it is for the society that proclaims it a glory and a progress.
Our flawed mores and our ignorance make us misunderstand things: while the
concubine, who delivers herself without contract, without guarantee, on a word
secretly given, for an allowance of food or a present in coins, like some
rented jewelry, hides the secret of her loves and is no longer modest, the
bride appears, calm and dignified, without blushing: if she blushed, she would
love her innocence.
Q. — This theory of marriage is very specious; but
why ask metaphysics for an explanation that nature placed right at hand? Marriage
has been instituted in the interest of children and inheritances: we don’t have
to look further.
A. — Doubtless,
children enter into things; but if the law of generation itself has only been
established with an eye to Justice, if the multiplication of humans, their
replacement and death is also only explained by juridical purposes, we must
admit that the distinction between the sexes, that love and marriage, which
enter into that economy, are related to the same ends. The same law which has
made the conjugal couple an organ of generation had previously made it an
apparatus of Justice: such is the truth.
Q. — Explain more.
A. —
Every being is determined in its existence according to the place where it must
live and the mission that it has to accomplish. It is thus, for example, that the
figure of a sovereign been measured according to the dimensions of the land he
exploits. Humanity, before operating at once on all points of the globe, cannot
be reduced to a single, gigantic individual: it is necessary that it be
multiple, proportioned consequently, in its body and in its faculties, with the
extent of its domain and the labors that it has to make there.
Humanity
thus being given as a collectivity, two consequences have followed. First, in
order to make this multitude of free and intelligent subjects operate together,
a law of Justice, written in souls and organized in persons, was necessary:
that is the object of marriage. Second, the individuals of which the great
humanitary body is composed are replaced successively, after having furnished a
career proportional to their vital energy and to the power of their faculties:
that is to what nature has provided by generation, and that of which it is now
easy for us to penetrate the reasons.
The
living being, whatever its liberty, by that same that it is limited, defined in
its constitution and in its form, has and can only have one manner of feeling,
of thinking and acting, one idea, one aim, one object, one plan, one end, one
function, consequently one function, consequently one formula, one style, one
tone, one note, expression of its absolute individuality, to which it strives
to reduce all natural and social laws. Suppose that the human race was composed
of immortal individuals: at some point, civilization would no longer advance; all
these individualities, after having been driven by contradictions for some time,
will end up balancing each other in a pact of absolutism, and the movement will
cease. Death, by renewing the types, produces the same effect here as the war
of ideas, organized by the Revolution as the necessary condition of public
reason and faith (Study VII).
But it
is not only to social progress that death is necessary: it is necessary to the
felicity of the individual.
It is
not only the case that, to the degree that he advances, man locks himself away
in his individualism and becomes an impediment to others; he will end, in this
intractable solitude, by becoming an obstacle to himself, to his vitality, to
the exercise of his intelligence, to the conquests of his genius, and to the
affections of his heart. Even without growing old, by the influence alone of
the routine to which he will have been long condemned, he will fall into idiocy:
his happiness and glory, as much as the progress of society, demand that he
moves on. At that hour, his death is a gain; let him accept it with joy, and
make his final hour his last sacrifice rendered to the homeland. Every last one
of us, after devoting ourselves to science, Justice, friendship and labor, should
end up like Leonidas, Cynaegirus, Curtius, Fabius, Arnold von Winkelried, and the
Chevalier d'Assas. Would we complain that death comes to soon?
What
pride! We will not even wait, if the occasion presents itself, for old age to
give us the sign; we will go while we are young, like Barra and Viala.
Moreover,
in leading man to death, to depersonalization, Justice does not destroy him
entirely. Justice balances and renews individualities; it does not abolish them.
It collects the ideas and works of man; it will preserve, by modifying them, even
his character and physiognomy; and it is the interested [individual] himself
that justice will charge with his own transmission. It is to him that It will
entrust the care of his immortality, by establishing generation and the
testament.
Thus man
is reproduced in his body and his soul, in his thought, in his affections, in
his action, by a dismemberment of his being; and as woman makes a shared
conscience with him, she will also make a common generation. The family,
extension of the conjugal couple, only develops the organ of jurisdiction; the
city, formed by the growth of families, is reproduced in its turn with a higher
power. Marriage, family, city, are a single organ; the social destiny is
solidary with the matrimonial destiny, and each of us, through this universal
communion, lives as much as the human race.
Q. — At base, the assumption of a conscience
formed by two stems from the same metaphysics which has already made you suppose a collective reason and collective
being. But that metaphysics has a serious fault; it shakes our faith in the
whole order of existences, by rendering more and more problematic the
simplicity of the soul, the indivisibility of thought, the identity and
immutability of the self, and consequently denying their reality.
A. — Why
don’t you say instead that this metaphysics, by it series and its antinomies, by
the power of its analysis and the productivity of its synthesis, tends to
establish the reality of things which hitherto remained pure fictions? It is
the principle of composition which makes it possible for man to known; it is to
this principle that we owe our certainty. All that we possess of positive
science come from it, and nothing which has once been provided by it can be overturned.
Why would the same principle not also make being possible? God himself, conceived
as the higher, immanent thought of the worlds, and the expression of their
harmony, would again become possible with that metaphysics: let us shudder at
what its original sin would be...
Q. — Are all members of a society are called
to marriage?
A. — No;
but all take part in it and receive its influence, by filiation, consanguinity,
adoption, love, which, universal in essence, has no need, to act, of union or
cohabitation.
Q. — According to this, you do not judge marriage
indispensable to happiness?
A. — We
must distinguish: from the psychic or spiritual point of view, marriage is a
condition of felicity for all of us; the mystical wedding rites celebrated by
the religious are an example. Every adult, of sound body and mind, that
solitude or abstraction does not sequester from the rest of the living, loves, and,
by virtue of that love, makes a marriage in their heart. Physically, that
necessity is no longer true: Justice, which is the aim of marriage, and which
can be obtained either by domestic initiation, civic communion, or, finally, by
mystical love, is sufficient for happiness in all conditions of age and
fortune.
Q. — What is the role of women in domestic and
social economy?
A. — The
care of the household, the education of childhood, the instruction of young
girls under the supervision of the magistrates, the service of public charity; we
would not dare to add, today, the national holidays and spectacles, that we
could describe as the seed-time of love. Aristocratic immorality and the
decadence of religious ideas have made the presence of women in these public
solemnities an occasion for libertinage: that could change, and it is necessary
that it does change.
Q. — No industry, no art, seems to you specially reserved
for women?
A. — This
is always, in veiled terms, to repeat the question of the political and social equality
of the sexes, and to protest against the title of housewife, which, better than that of matron, expresses the
vocation of women.
The wife
can make herself useful in a wide variety of things, and she must; but, just as
her literary production is always reduced to an intimate novel, whose full value is to serve, by love and sentiment, in the
popularization of Justice;
just so, in the last analysis, her industrial production amounts to secondary
labors or housework: she never leaves that circle.
Man is a
worker, and woman a housewife: what does she complain about? The more that
developing Justice levels conditions and fortunes, the more they will be raised
up, one by work, and the other by housework. When the man casts off all
exploitation and all bosses, will the woman demand a servant? Where will she
find one? Both sexes are born in equal numbers: is that clear?
The household is the full manifestation of the woman. The man, out of wedlock, can do without a home: at college, in the barracks, at
the hotels, he finds himself and shows himself complete; lack of privacy does
not affect him. For the woman, housework is a necessity of honor, let us say
even of toilette. It is at home that the woman is judged; when she goes
elsewhere, we do not see her. Daughter, mother, the household is her triumph or
her condemnation. Who will tidy her nest, if not her? Does this odalisque
require quartermasters, livery, chambermaids, bellhops, some midgets and apes?...
We are no longer in a democracy, and we are no longer in marriage; we fall back into feudalism and concubinage.
Q. — What is freedom for women?
A. — The truly free woman is the chaste woman. The chaste women feel no amorous emotion for anyone,
not even for her husband. Why does the young virgin appear so lovely, so desirable,
so worthy? She does not feel love; and not feeling love, she is the living
image of liberty.
Q. — What part does love play in the marriage
contract?
A. — The
smallest possible part. When two people come together in marriage, love is
supposed to have accomplished its work; the crisis is past, the tempest has
dispersed, passion has flown, hyems
transiit, imber abiit, as the Song of Songs says. That is why the marriage of
pure inclination is so close to shame, and why the father who consents to it is
blameworthy. The duty of the father is to establish his children in integrity and
Justice; it is the reward of his labors and the joy of his old age to give his
daughter, to choose a wife for his son with his own hand. Let young people
marry without reluctance, at the right time; but let the fathers not let
familial dignity be violated by anyone, and let them remember that physical
reproduction is only half of paternity. When a son or a daughter, to satisfy
their own inclination, tramples the wishes of their father under foot,
disinheritance is for them the first of rights and the holiest of duties.
Q. — What is the earliest age at which it is
appropriate to marry?
A. — When
the man is made, the laborer formed; when ideas begin to come and Justice to
subordinate the ideal: what we can express, following the example of the code, by
an arithmetic minimum:
“Men
before twenty-six years have passed, and women before twenty-one years, can
contract marriage.”
Q. — What can the average period of intimacy be between
the two partners?
A. — While
the children are very young, the man owes the woman a tribute of caresses:
nature wishes it this way, in the interest of the offspring. The child profits
from all the love that the father shows to the mother: let us ask no more. When
the eldest reach puberty, then, prudent partners, domestic modesty and the
defense of your heart command you to abstain. Do not wait for the return of
age, the apoplexy and the infirmities of old age to restrain you. You would
reach that forced continence only to be pursued to the grave by obscene dreams and
tribulations against nature.
Q. — Who, in general, is the man that a young
woman should prefer for her husband?
A. — The
most righteous.
Q. — Who, in general, is the woman that a man
should prefer for his spouse?
A. — The
most diligent. — In the man, the most important qualities for the woman are
labor and affection: these qualities are guaranteed by la Justice. In the
woman, the most important qualities for the man are chastity and devotion: they
are guaranteed by diligence.
Q. — What consolation do you offer to those who
love unhappily?
A. — To
practice Justice with zeal, to that end to marry, after having paid to the lost
love a just tribute of mourning. Justice is the heaven where their aching
hearts will find one another, and, of all the ways of practicing Justice, the
fullest and most perfect is marriage. Such is even, setting aside some other
domestic considerations, the only legitimate motive for a second marriage. It
is good that of two spouses, two fiancés, separated forever by a premature
death, the survivor keeps faith with the deceased, and that faith is especially
suited to the wife; but an excessive sadness in a young person betrays more illusion
and selfishness than Justice; it would degenerate into a sin against love
itself, if the afflicted lover refused the remedy.
Q. — What are, in order of gravity, the principal
acts that you consider crimes and offenses against marriage?
A. —
Adultery, incest, debauchery, seduction, rape, onanism, fornication and
prostitution.
Q. — What is it, apart from general considerations
of personal dignity, of respect for other, and of sworn faith, constitutes the
culpability of these acts?
A. The
common character that distinguishes them is to strike the family in its most
sacred aspect, namely the domestic religion, consequently to annihilate, among
the guilty and their accomplices, Justice in its source.
Thus adultery is, according the expression of
the ancients, the violation of every divine and human law, a crime which
contains in itself all the others, slander, treason, plunder, parricide,
sacrilege. Ancient tragedy, like the epic, unfolds almost entirely on this
ground, as demonstrated by the legends of Helen, Clytemnestra, Penelope, etc.
Incest, though less monstrous, is more
base; mockery of familial decency and the maternal initiation; its counterpart
is sodomy.
Debauchery, more common every day and
treated with so much indifference, is the abuse of a minor, a destruction of Justice, if we may put it this way, in the bud, for
which jurors should never allow extenuating circumstances.
By what unimaginable materialism has the legislator treated rape so severely, while he did not say a word against seduction? It seems that the first could often be placed in
the category of blows and wounds which only affect the body, while the second
kills the soul.
To these
two kinds of crimes, we will assimilate the incitement to immorality by books, songs, carvings, statues, etc.
Onanism has bestiality for a corollary. A curious thing! Conjugal onanism
conjugal has been proposed by the defenders of human exploitation to serve as
an emunctory for the population; the same doctrine which makes the worker a
beast of burden, should also make the lover a stallion.
Fornication is the temporary pleasure of two free people, not engaged in concubinage. It is incomparably more reprehensible
than prostitution. Prostitution, remnant of the ancient state of war and
feudalism, also has poverty as an excuse, and the prostitute, cut off like a
rotten branch from the family, has betrayed no one. The fornicators cheat
everyone and have no excuse; they should be blamed, if not punished. The
hypocrisy of our customs have decided otherwise; secret fornication is
applauded; the man caught in a brothel is deemed infamous.
If we
consider adultery, seduction, rape, fornication, prostitution, divorce, polygamy
concubinage as forming the pathology of love and marriage, incest, debauchery,
pederasty, onanism and bestiality would be its teratology.
The
flood of all the crimes and offences against marriage is the most active cause
of the decadence of modern societies; it is to that cause that it is necessary
to relate, in the last analysis, bourgeois cowardice, popular imbecility,
republican ineptitude, depravity in literature, and despotism in government.
Every
attack on marriage and the family is a profanation of Justice, a treason
against the people and liberty, an insult to the Revolution.
Q. — How has the philosophy of right been so long
without an understanding of marriage?
A. — Because
the philosophers have always sought the right in religion, and every religion
being essentially idealist and erotic, love in the religious soul is placed above
Justice, and marriage reduced to concubinage.
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