independence, arising from her ability
to support herself in shop and factory, has had some influence on this
social attitude. Also, one can imagine the feelings of the tax-payers of
a small community when the father of several small children deserted his
wife and the expenses of supporting his family devolved upon them. It
would call for little imagination to picture these respectable members
of society scrambling to pass laws for the punishment of the errant one
and to force him back to his wife and support-producing labor. But,
basically, the legal favoritism which has arisen in the past thirty
years in America, is probably due to a desire on the part of the
employing class to protect and make secure the mothers of children for
the sake of the future labor supply. Only recently a great national
reform body, dedicated to child welfare, declared frankly that there are
"no illegitimate" children; that the misdeeds of parents can remove
nothing from the legality of birth and that unmarried mothers must be
granted some legal status and a measure of economic security for the
sake of the future supply of labor.
It is evident, whether due to one cause or to many, that the law, which
usually protects those who possess bestowable favors, has gradually
built up strong protective measures for women. Among the rich, men and
women find protection for their property in the laws, according to the
measure of their economic power, but among the wage working and middle
classes, woman occupies a privileged legal position.
As long as a husband possesses anything, his wife may be certain of
support or an "adequate" income at least. The husband may be punished
for his lack of possessions, or his failure to produce an income.
THE MARRIAGE CONTRACT
Of course, every one knows that marriage is a legal contract; but whom
does it bind? Certainly not the woman, nor any woman in America. For she
may easily free herself and even divorce and penalize her husband if she
is dissatisfied either with him or his earnings; or she may evade all
the obligations she is supposed to meet, almost always with absolute
impunity.
Whatever she may do or leave undone in the marriage relation, if it but
be with sufficient pretense and discretion, in America, at least, the
world and the courts absolve her from all blame.
If she be discreet, she may entertain lovers galore; she may refuse to
perform any of the theoretical duties of the home; she may refus
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