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SEXUAL ETHICS WHERE THE SEXES HAVE EQUAL RIGHTS
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4. SEXUAL ETHICS WHERE THE SEXES HAVE EQUAL RIGHTS

WHERE the sexes have equal rights, sexual ethics are characterised by complete equality of sexual rights and duties for the two sexes. The duplex morality met with under monosexual dominance is replaced by a code which is precisely the same for men and for women. Now, sexual equality can manifest itself in either of two ways. Every phase of equal rights for the sexes is preceded by a particular phase of monosexual dominance. The transition from one phase to another is not sudden but gradual. One phase develops out of the other. When, as to-day, a society where men hold sway is yielding place to one in which men and women have equal rights, attentive observation will show that there are two distinct trends in the evolution of sexual morality. The starting point in each case is the demand for the abolition of the sexual privileges of the male, but two ways of achieving this present themselves. Women may be granted like sexual freedoms to those which men already possess, or the rigid canons of sexual behaviour which are already imposed upon women may be imposed upon men also.

Both these trends are conspicuously in evidence to-day. The remarkable fact is that the former trend has more champions among women, the latter among men. Pre-eminently it is women who seek to realise


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sexual equality through the extension of masculine sexual freedom to women. Women's standpoint in this respect is manifestly an outcome of the hitherto prevalent condition of male predominance. A subordinate sex will invariably attempt to win for itself the same rights as those of the heretofore dominant sex; it will not endeavour to impose upon the latter the code that has up to now regulated its own conduct.

It is less easy to understand why men would rather see the restrictions of female sexual morality imposed upon their own sex, than see the sexual freedoms of men granted to women also. If future events should confirm the supposition that this is so, we shall at least be able to infer that men think it more important to restrict the sexual freedom of women than to preserve their own. We cannot venture to say whether the uncertainties of paternity play their part in determining such a masculine outlook.[1]

It is obvious, however, that, under monosexual dominance, monogamy must always be fictitious. The monogamic code is continually being infringed owing to the perpetual resurgence of the duplex morality inseparably associated with the sway of one sex over the other. Schopenhauer[2] writes: "It is futile to make a contentious matter of polygamy. We must accept it as a universal fact, and our task is merely to regulate it. Where are genuine monogamists to be found? We are all polygamists, for a time at least, and most of us always." Schopenhauer is right for every phase of monosexual dominance. This, owing to the duplex morality that characterises it, invariably

[1] Of course there are numerous exceptions to the foregoing generalisation: women who demand monogamy for both sexes; and men who demand sexual freedom for both sexes.

[2] Parerga und Paralipomena.


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leads to polygamy. But Schopenhauer is wrong in believing monogamy to be impossible. It is only impossible where monosexual dominance prevails. Where the sexes have equal rights, monogamy is provided with opportunities for a genuine development, in virtue of the disappearance of the trend towards duplex sexual morality. It has not hitherto been recognised that equality of rights for the two sexes is the essential prerequisite to true monogamy. The general belief has been that monogamy is the outcome of the refinement of the amatory life which attends the higher stages of civilisation.[3] Some have taught that monogamy arose through an increase in paternal authority (Lewis Morgan, Engels, etc.). But such forces are quite incompetent to bring genuine monogamy into being. There is only one factor that can do this—equality of rights for the sexes. It is an essential factor, though not the only factor. We shall learn that polygamy sometimes exists even when the sexes have equal rights.

Equality of rights is of such fundamental importance in relation to monogamic morality, that perhaps the former has to be regarded as the real originator of the latter. Nations wherein the idea of monogamy is conspicuous have unquestionably passed through a phase in which the sexes have had equal rights; the monogamic principle is a vestige of such a phase. We shall see in due course that the phase of equal rights for men and women creates the economic conditions that are the indispensable antecedents of monogamy.

For the strict carrying out of monogamy there are two requisites: premarital chastity in both sexes; and faithfulness after marriage in the case of both parties.

[3] See, for instance, Reitzenstein, Urgeschichte der Ehe.


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Waitz[4] tells us that among the Creeks, a Red Indian tribe, both the men and the women could be chiefs. The sexes held equal sway. Strict monogamy prevailed. Severe punishment was visited upon all married persons, of either sex, who permitted themselves any sexual license. Among the Cingalese, during the period when the sexes had equal rights (and according to Friedenthal's description sexual equality was thoroughly established in the case of this people), both polyandry and polygamy were forbidden. There were two kinds of marriage. In some cases the wife took a husband to herself; in other cases the wife entered the husband's house. We see that in this instance, as the outcome of sexual equality, Men's-State customs and Women's-State customs had an equal vogue. In Egypt, during the days of sexual equality, monogamy seems to have been likewise strictly enforced. The same statement is true of the early Teutons. At the time when, in all probability, the sexes had equal positions among this people, a strictly monogamic code regulated sexual relationships. Premarital chastity and fidelity in marriage were demanded of both sexes alike. St. Boniface reports of the Saxons that seducer and seduced were both punished with death. Among the ancient Teutons marital infidelity was visited with the same punishment whatever the sex of the offender. Among the Babylonians in the days of Cyrus and Cambyses the sexes were equal, and according to Kohler[5] at this period strict monogamy was practised. Some parts of the Judaic law, where sexual morality is concerned, remind us of the period when the sexes were on an equal foot-

[4] Op. cit., pp. 101 et seq.

[5] Zum neubabylonischen Recht.

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ing, inasmuch as they treat both sexes alike. Thus we read in Deuteronomy 23, 17: "There shall be no harlot of the daughters of Israel, neither shall there be a sodomite of the sons of Israel." According to the laws of Moses, those who were found in fornicatory intercourse, must marry. The ordinance that every man visiting a harlot was punishable with forty lashes seems to date from a period when the transition from equal rights to masculine dominance was in progress. Very characteristic of the suggestive influence which monosexual dominance exercises upon the view taken of other phases in the sociology of sex relations is the fact that Reitzenstein,[6] who strongly favours monogamy for both sexes, draws from the before-mentioned sections of the Judaic law the conclusion that at this period "virginity was made the ideal of the unmarried woman. Esteem for virginity was inculcated as the best bulwark against extramarital sexual intercourse." But Reitzenstein has not, a word to say concerning the interest in masculine chastity which is equally manifest in the laws we are now considering. He applies to this phase of sexual equality a yardstick belonging to the phase of masculine dominance—the phase to which he himself belongs. For this reason, even where the monogamic ethic of equal rights is conspicuous, he can see nothing but the customary duplex morality characteristic of masculine predominance, with its one-sided esteem for female chastity.

Conversely, in the transition to the simpler ethic of sex equality, the polygamic principle which represents the other trend of the duplex morality characteristic of monosexual dominance, may gain the victory over

[6] Op. cit., pp. 85 et seq.


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the monogamic. Then we have a simultaneous prevalence of polygamy and polyandry. Among many primitive folk, when first discovered, this type of equal sexual rights was in full force, as for instance among the indigens of Venezuela, in the Sandwich Islands, and elsewhere[7] Westermarck[8] tells us that many savage peoples allow complete freedom to both sexes before marriage. Strabo relates of the Medes that every man had five wives and every woman five husbands. We shall subsequently consider the fate of this passage in the hands of translators imbued with the Men's-State ideology.

The polygamic principle can also exist side by side with the monogamic principle in this way, that both sexes may be perfectly free before marriage, whereas as soon as marriage has taken place monogamy becomes a strict obligation.

Apparently, in the phase of equal sexual rights, the monogamic principle has a better chance of success than the polygamic principle or the mixed polygamic and monogamic. The probable explanation is that in human beings the monogamic trend is stronger than the polygamic. Elsewhere the present authors have proved this as regards males.[9] Moreover, it is probable that the intensity of the monogamic trend runs parallel with the development of the understanding— a relationship to be further considered in the sequel. This gives us some reason for hoping that in the coming days of sex equality the prospects of a victory of the monogamic principle are greater than those of a

[7] Cf. Lewis Morgan, Ancient Society. 1877, pp. 409 et seq.

[8] Origin and Development of Moral Ideas, 2nd ed., vol. ii (1917), p. 423.

[9] Die monogame Veranlagung des Mannes, "Zeitschrift für Sexual wissenschaft," 1917.


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victory of polygamy. But no practical decision of the problem is possible to-day. We live in the transitional phase, when the various principles are fighting the matter out. On the one hand we have a struggle going on between the old duplex morality of monosexual dominance and the unified ethic that springs from the new sex equality. On the other hand the monogamic principle wrestles with the polygamic principle for victory within the domain of the newly unified sexual ethic.