THE FAMILY AND THE STATE.

Dominion, Volume 6, Issue 1658, 27 January 1913, Page 4

THE FAMILY AND THE STATE.

Fnon the very fact, proved in the records of the history of nations, that majorities arc by no means infallible, and that (he insistent clamour of tho minority has, in tho long run, frequently triumphed in tho vindication of somo great principlo or other, more than passing attention is due to tho, views expressed in tho mlngrity report of tho Oritinh Diyoroo Commissioc. We havo jjrevi-

ously discussed llic main points of the Commission's findings, having regard both to the. conclusions set forth in tho majority report and in the minority report, but \vc think it desirable to givo some further attention to tho view of those who think with the minority that the adoption of tho proposals of the majority may prove to be the beginning of the end of marriage. In rosponse to an invitation by, the editor of the Nineteenth Century magazine, Mit. W. S. Lilly, the well-known publicist, and secretary of the British Catholic Union since 1874, has contributed to tho December issue of that some considerations suggested to liiin by the reports of the Divorce Commission. Mr. Lilly, of coursc, and very .rightly we think, supports with certain reservations, tho view of tho minority section of the Commission,, but even those who dissent from that view will recognise that in one particular ho is entitled to bo hoard with attention, and that is in fegard to his observations with respcct to the integrity, of fcho family as tho unit of our social system, tho true foundation of tho State. It is cortain, if any fact be certain, says Mn, Lilly, that the dignity of woman is bound up with that indissoluble wedlock which alone is worthy of the. name of marriage. What but tho "consortium omnis vitac," he asks, makes a wife to differ from a concubine or a courtesan 1 "The knowledge that the union of a man aiid woman must persist until death parts them, is the best security for their finding in it, if not happiness, some 'settled law content.' The stability of tho family, then, ia the pillar upon which tho social fabric rests, and tho concern of those to whom legislative responsibility is entrusted. On this point Dk. Chat-terton-Hill, _ in The Sociolof/ical Value of Christianity, expresses himself admirably: . '

"No society can hope to be strong if the family is weak. For the family is by far the most cffioacioiis of, all the social subdivisions, such as the class, tho profession, tho syndicate, the wrporation, : etc., the function of which is to adapt the individual to social life by integrating him in a group tq which ho attached by ties of especial affection or interest—society as a wliolo being too large, too far: removed from the individual, to be able to influence him sufficiently., Tho family differs,from other social subdivisions, for the members of the family aro linked together by ties sui generis: ties at once of; £ "physiological and psychological nature,/ which' do - not exist between the members' of any. othet group, or of any othertorganisation.'Henco tho supreme importanco of maintaining tho family structure, without' whioh tho family functions cannot be performed." J

Taine has observed that thoso who propose legislation should picture it to themselves, as applied in the.actual world, that they snould endeavour to contomplato tho affected by it, a proceeding which ;"rare talent for observation, and at every, step exquisito tact." Mr. Lilly makes no question that tho ladies and gentlemen selected for the Divorce Commission wore amply endowed with, these gifts, but doubts whether they have used them sufficiently, or, ( nt all, in tho execution of their task. .The minority report of tho Commission, for example,; supported the proposal of thfe majority' that the sexes should be placed upon an equality-in the mattor of infidelity: that is to say, thatproof of the simple infidelity of; the husband, should.'cntitle tho wife to a divorco. This, on the face of Ht, ap-. pears to be simple justice, too long deferred." But Mn. Lilly takes a different viow, which lie advances on physiological and practical' grounds: The expression: "The holy law of equality," appears to mo the. veriest ■ balderdnsh;« .Np such law exists, and if it did exist, it would be by no means holy, but most unholy, as opposed to tho plainest facts of life, and tho most elementary principles of. justice. In_ disputing the question of according 'equality of treatment to the pexes; in this, matter, Mr. Lilly, it appears to us, has'overlooked a,n important, point, namely,-that, if is restraint jjut upon him by the' laws of society in_ regard to the marriage state and its obligations that has fos'-. terod the development of his higher nature, his aesthetm \ sense, and his intellectual activities, while at the same time stiffening his moral fibre. The same development has not been noted in polygamous communities. There can bo no doubt at all that to accept Mr. Lilly's differentiation, and tacitly- condone the lioenso which'it implies, even if. unethical, would be a fatal blow at tho stability of the family, for its cohesion as a social entity would cor-, tainly relax. ' : '