Overruled - Bernard Shaw - E-Book

Overruled E-Book

Bernard Shaw

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Overruled by Emma Chase - Emma Chase, New York Times bestselling author of the Tangled series, returns with the first installment of the Legal Briefs series!

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Bernard Shaw

 

 

 

 

 

 

 

 

 

 

 

 

THE ALLEVIATIONS OF MONOGAMY.

 

This piece is not an argument for or against polygamy. It is a clinical study of how the thing actually occurs among quite ordinary people, innocent of all unconventional views concerning it. The enormous majority of cases in real life are those of people in that position. Those who deliberately and conscientiously profess what are oddly called advanced views by those others who believe them to be retrograde, are often, and indeed mostly, the last people in the world to engage in unconventional adventures of any kind, not only because they have neither time nor disposition for them, but because the friction set up between the individual and the community by the expression of unusual views of any sort is quite enough hindrance to the heretic without being complicated by personal scandals. Thus the theoretic libertine is usually a person of blameless family life, whilst the practical libertine is mercilessly severe on all other libertines, and excessively conventional in professions of social principle.

 

What is more, these professions are not hypocritical: they are for the most part quite sincere. The common libertine, like the drunkard, succumbs to a temptation which he does not defend, and against which he warns others with an earnestness proportionate to the intensity of his own remorse. He (or she) may be a liar and a humbug, pretending to be better than the detected libertines, and clamoring for their condign punishment; but this is mere self-defence. No reasonable person expects the burglar to confess his pursuits, or to refrain from joining in the cry of Stop Thief when the police get on the track of another burglar. If society chooses to penalize candor, it has itself to thank if its attack is countered by falsehood. The clamorous virtue of the libertine is therefore no more hypocritical than the plea of Not Guilty which is allowed to every criminal. But one result is that the theorists who write most sincerely and favorably about polygamy know least about it; and the practitioners who know most about it keep their knowledge very jealously to themselves. Which is hardly fair to the practice.

 

INACCESSIBILITY OF THE FACTS.

 

Also it is impossible to estimate its prevalence. A practice to which nobody confesses may be both universal and unsuspected, just as a virtue which everybody is expected, under heavy penalties, to claim, may have no existence. It is often assumed—indeed it is the official assumption of the Churches and the divorce courts that a gentleman and a lady cannot be alone together innocently. And that is manifest blazing nonsense, though many women have been stoned to death in the east, and divorced in the west, on the strength of it. On the other hand, the innocent and conventional people who regard the gallant adventures as crimes of so horrible a nature that only the most depraved and desperate characters engage in them or would listen to advances in that direction without raising an alarm with the noisiest indignation, are clearly examples of the fact that most sections of society do not know how the other sections live. Industry is the most effective check on gallantry. Women may, as Napoleon said, be the occupation of the idle man just as men are the preoccupation of the idle woman; but the mass of mankind is too busy and too poor for the long and expensive sieges which the professed libertine lays to virtue. Still, wherever there is idleness or even a reasonable supply of elegant leisure there is a good deal of coquetry and philandering. It is so much pleasanter to dance on the edge of a precipice than to go over it that leisured society is full of people who spend a great part of their lives in flirtation, and conceal nothing but the humiliating secret that they have never gone any further. For there is no pleasing people in the matter of reputation in this department: every insult is a flattery; every testimonial is a disparagement: Joseph is despised and promoted, Potiphar's wife admired and condemned: in short, you are never on solid ground until you get away from the subject altogether. There is a continual and irreconcilable conflict between the natural and conventional sides of the case, between spontaneous human relations between independent men and women on the one hand and the property relation between husband and wife on the other, not to mention the confusion under the common name of love of a generous natural attraction and interest with the murderous jealousy that fastens on and clings to its mate (especially a hated mate) as a tiger fastens on a carcase. And the confusion is natural; for these extremes are extremes of the same passion; and most cases lie somewhere on the scale between them, and are so complicated by ordinary likes and dislikes, by incidental wounds to vanity or gratifications of it, and by class feeling, that A will be jealous of B and not of C, and will tolerate infidelities on the part of D whilst being furiously angry when they are committed by E.

 

THE CONVENTION OF JEALOUSY

 

That jealousy is independent of sex is shown by its intensity in children, and by the fact that very jealous people are jealous of everybody without regard to relationship or sex, and cannot bear to hear the person they "love" speak favorably of anyone under any circumstances (many women, for instance, are much more jealous of their husbands' mothers and sisters than of unrelated women whom they suspect him of fancying); but it is seldom possible to disentangle the two passions in practice. Besides, jealousy is an inculcated passion, forced by society on people in whom it would not occur spontaneously. In Brieux's Bourgeois aux Champs, the benevolent hero finds himself detested by the neighboring peasants and farmers, not because he preserves game, and sets mantraps for poachers, and defends his legal rights over his land to the extremest point of unsocial savagery, but because, being an amiable and public-spirited person, he refuses to do all this, and thereby offends and disparages the sense of property in his neighbors. The same thing is true of matrimonial jealousy; the man who does not at least pretend to feel it and behave as badly as if he really felt it is despised and insulted; and many a man has shot or stabbed a friend or been shot or stabbed by him in a duel, or disgraced himself and ruined his own wife in a divorce scandal, against his conscience, against his instinct, and to the destruction of his home, solely because Society conspired to drive him to keep its own lower morality in countenance in this miserable and undignified manner.

 

Morality is confused in such matters. In an elegant plutocracy, a jealous husband is regarded as a boor. Among the tradesmen who supply that plutocracy with its meals, a husband who is not jealous, and refrains from assailing his rival with his fists, is regarded as a ridiculous, contemptible and cowardly cuckold. And the laboring class is divided into the respectable section which takes the tradesman's view, and the disreputable section which enjoys the license of the plutocracy without its money: creeping below the law as its exemplars prance above it; cutting down all expenses of respectability and even decency; and frankly accepting squalor and disrepute as the price of anarchic self-indulgence. The conflict between Malvolio and Sir Toby, between the marquis and the bourgeois, the cavalier and the puritan, the ascetic and the voluptuary, goes on continually, and goes on not only between class and class and individual and individual, but in the selfsame breast in a series of reactions and revulsions in which the irresistible becomes the unbearable, and the unbearable the irresistible, until none of us can say what our characters really are in this respect.

 

THE MISSING DATA OF A SCIENTIFIC NATURAL HISTORY OF MARRIAGE.

 

Of one thing I am persuaded: we shall never attain to a reasonable healthy public opinion on sex questions until we offer, as the data for that opinion, our actual conduct and our real thoughts instead of a moral fiction which we agree to call virtuous conduct, and which we then—and here comes in the mischief—pretend is our conduct and our thoughts. If the result were that we all believed one another to be better than we really are, there would be something to be said for it; but the actual result appears to be a monstrous exaggeration of the power and continuity of sexual passion. The whole world shares the fate of Lucrezia Borgia, who, though she seems on investigation to have been quite a suitable wife for a modern British Bishop, has been invested by the popular historical imagination with all the extravagances of a Messalina or a Cenci. Writers of belles lettres who are rash enough to admit that their whole life is not one constant preoccupation with adored members of the opposite sex, and who even countenance La Rochefoucauld's remark that very few people would ever imagine themselves in love if they had never read anything about it, are gravely declared to be abnormal or physically defective by critics of crushing unadventurousness and domestication. French authors of saintly temperament are forced to include in their retinue countesses of ardent complexion with whom they are supposed to live in sin. Sentimental controversies on the subject are endless; but they are useless, because nobody tells the truth. Rousseau did it by an extraordinary effort, aided by a superhuman faculty for human natural history, but the result was curiously disconcerting because, though the facts were so conventionally shocking that people felt that they ought to matter a great deal, they actually mattered very little. And even at that everybody pretends not to believe him.

 

ARTIFICIAL RETRIBUTION.