IV. ALWAYS THE
"INJURED INNOCENT" .
80
V.
THE "CHIVALRY " FAKE . .
. .
98
VI. SOME
FEMINIST LIES AND FALLACIES .
109
VII. THE
PSYCHOLOGY OF THE MOVEMENT .
140
VIII. THE
INDICTMENT . .
. . .
161
PREFACE TO REISSUE
THE following essay was
published at the end of
1913 and is now reissued as originally
written.
Since the year before the World War the situation
of woman has,
of course, changed. Feminism in this
and in some other countries
has won well-nigh [near]
all its formal demands. Mr Asquith, who
before
the war declared he would have nothing to do
with a House of
Commons elected by a female
vote, during the war, for no assignable
reason,
suddenly made a volte-face [about-face] and became
a strong advocate of female franchise. The acquisition
of the
suffrage has as its result carried with it the
right to all occupations and
offices, as decreed by
the "Sex-Disability Repeal Act," and so the
pitch-
forking of women into administrative posts proceeds
galore.
But the main contentions of The Fraud of
Feminism have not been
affected by the change in
question. Though women have been
conceded
all the rights of men, their privileges as females
have remained
untouched, while the sentimental
"pull" they have over men, and the
favouritism
shown them in the courts, civil and criminal,
often in
flagrant violation of elementary justice,
continues as before. The
result of their position
ix
on juries, as evinced in certain trials, has rather
confirmed the remarks made in Chapter II. anent
[concerning]
hysteria than otherwise. The sex-bias of men in
favour
of women and the love of the advanced
woman towards her sex-self show no sign
of
abatement. Proposals to the effect that in the
event of
infanticide by a mother the putative
father should be placed in the dock
merely because
he is a man are received with applause. The
other
day, at a court held in a fashionable town of the
south coast, on a
prostitute being brought up
charged with soliciting, a female "justice,"
recently
appointed, declaimed against the wickedness
of punishing
prostitutes for soliciting while men
were never brought up charged with the
offence.
(Needless to say, there was the usual male fool to
be found in
the body of the court, who shouted:
"Hear ! Hear !") Now is it
conceivable, I ask, that
anybody can be so infatuated with Feminism as
not
to see that a prostitute who solicits nightly in the
exercise of her
trade-- i.e . for the purpose of
money-making--is in a different
position from a man
who, once in a way, may, urged by natural
passion,
make advances to a woman? Such a person must
be unable to
see distinctions in anything, one would
think. Besides, it is not true
that men, if charged
with the annoyance or molestation of women,
cannot
be, and have not been, prosecuted for the offence.
The lady
"justice" in question would probably
x
like to see a man
paired with a prostitute in the
dock every time the latter gave occasion for
police
action. Such is the Feminist notion of
justice.
There are a vast number of men who
cultivate
the pretence of having a contempt for, or a preju-
dice against,
their own sex. The idea seems to be
to pander to the sex-vanity of the
"New Woman."
Every popular writer caters for this prejudice. No
one
can have failed to notice the persistent journal-
istic and literary "stunt"
by which the man is por-
trayed in the light of a miserable and abject living
creature as a foil [frustration] to the "noble animal"
woman. There
is scarcely a play, short story or
novel the plot of which in any way admits
of it
where this now stale device is not dragged in in
some form or
shape. Even Shaw, with all his some-
what ostentatious flouting of
convention, cannot
resist the temptation of yielding to it in one or
two
of his plays--e.g. Catherine the Great. This sort
of
thing is not without its influence on the course of
justice, as the
daily papers still continue to show us.
Times have not changed in this
respect. The war,
which has altered the face of things otherwise
and
in the matter of the social and political aspect of
sex-relations, has
been the occasion of revolutionary
transformation in the shape of political
sex-equality,
has left female privilege, civil and criminal, as it
was in
1913. There is no indication that the
general public has a dawning
sense that, to adapt
xi
the
common metaphor, "What is sauce for the goose
is sauce for the gander."
Everywhere we hear the
same old bogus grievances of the
female sex trotted
out as crying for remedy, but never the injustice
of a
man being compelled, whatever his economic
position, to keep his wife, while
a woman is under no
corresponding obligation to keep her husband.
No
urgency is suggested for removing the anomaly that
a husband is
amenable for his wife's libels and
slanders; none that a boy of fourteen is
punish-
able for a sexual offence to which he has been
incited by a girl
of sixteen, who gets off scot-free;
none that the obligation of a husband,
whose wife
wishes to bring an action for divorce against him,
to furnish
her with the money to fight him, should
be abolished. On the other
hand, every law, every
judicial decision, every case in the courts, civil
and
criminal, that on the most superficial view can be
exploited by the
conventional Feminist claptrap to
prove the wickedness of "man-made law"
to
woman, is gripped by the beak of the Feminist
harpy to help build up
her nest of lying sex-
prejudice, whence she and her confraternity
may
sally forth and by their raids on male sentiment not
merely help to
buttress up existing female privi-
lege, but wherever possible to increase
the already
one-sided injustice of the law and its administration
towards
men in the interest of the other
sex.
August, 1921
xii
PREFACE
The present volume aims at furnishing a
succinct ex-
posure of the pretensions of the Modern Feminist
Move-
ment. It aims at presenting the case against it with
an
especial view to tracking down and gibbetting the
in-
famous falsehoods, the conventional statements, which
are
not merely perversions of the truth, but which are
directly
and categorically contrary to the truth, but which
pass
muster by sheer force of uncontradicted repetition. It
is
by this kind of bluff that the claims of Feminism
are
sustained. The following is a fair example of the
state-
ments of Feminist writers:-- "As for accusing the world
at large of fatuous indulgence for womanhood in
general,
the idea is too preposterous for words. The true '
legends
of the Old Bailey [ Central Criminal Court]' tell, not of
women
absurdly
acquitted, but of miserable girls sent to the gallows
for
murders committed in half delirious dread of the
ruthless-
ness of hypocritical Society." Now it is this sort of
legend
that it is one of the chief objects of the following
pages
to explode. Of course the "fatuous indulgence"
for
"womanhood in general," practised by the "world
at
large," is precisely one of the most conspicuous
features
1
of our time, and the person who denies it, if he is
not
deliberately prevaricating, must be a veritable Rip
van
Winkle awakening out of a sleep lasting at least
two
generations. Similarly the story of the "miserable
girls
sent to the gallows," etc., is, as far as living
memory
is concerned, a pure legend. It is well known that
in
the cases referred to of the murder of their
new-born
children by girls, at the very outside a year or
two's
tight imprisonment is the only penalty actually
inflicted.
The acquittal of women on the most serious
charges,
especially where the victims are men, in the teeth
of
the strongest evidence, is, on the other hand, an
every-
day occurrence. Now it is statements like the above
on
which, as already said, the Feminist Movement
thrives;
its most powerful argumentative weapon with the
man
in the street is the legend that woman is oppressed
by
man. It is rarely that anyone takes the trouble to
refute
the legend in general, or any specific case adduced as
an
illustration of it. When, however, the bluff is
exposed,
when the real facts of the case are laid bare to
public
notice, and woman is shown, not only as not
oppressed
but as privileged, up to the top of her bent, then
the
apostles of feminism, male and female, being unable
to
make even a plausible case out in reply, with one
consent
resort to the boycott, and by ignoring what they
cannot
answer, seek to stop the spread of the unpleasant truth
so
2
dangerous to their
cause. The pressure put upon publishers
and editors by the influential
Feminist sisterhood is well
known.
For
the rest, it must not be supposed that this little book
makes any
claim to exhaust the subject or to be a scientific
treatise. It
is, and is meant to be, a popular refutation of
the current arguments
in favour of Feminism, and a brief
statement of the case against
Feminism. Sir Almroth
Wright's short treatise, "The Unexpurgated
Case against
Woman's Suffrage," which deals with the question
from
a somewhat different standpoint, may be consulted
with
advantage by the reader.
An
acknowledgment should be made to the editor of
The New Age for the
plucky stand made by that journal
in the attempt to dam the onrush of
sentimental slush set
free by the self-constituted champions of
womanhood. I
have also to thank two eminent medical authorities
for
reading the proofs of my second chapter.
3
INTRODUCTION
IN the following pages it is not intended to
furnish
a treatise on the evolution of woman generally or
of her place in
society, but simply to offer a
criticism on the theory and practice of what
is
known as Modern Feminism.
By Modern Feminism I
understand a certain
attitude of mind towards the female sex.
This
attitude of mind is often self-contradictory and
illogical.
While on the one hand it will claim, on
the ground of the intellectual
and moral equality
of women with men, the concession of female
suffrage,
and commonly, in addition thereto, the
admission of women to all professions,
offices and
functions of public life; on the other it will strenu-
ously
champion the preservation and intensification
of the privileges
and immunities before the
law, criminal and civil, in
favour of women, which
have grown up in the course of the
nineteenth
century.
The above attitude, with all its
inconsistencies,
has at its back a strong sex-conscious
party,
5
or sex union, as we may term it, among women,
and a floating
mass of inconsequent, slushy
sentiment among men. There is more than
one
popular prejudice which obscures the meaning and
significance of
Modern Feminism with many people.
There is a common theory, for instance,
based upon
what really obtained to some extent before the
prevalence of
Modern Feminism, that in any case
of antagonism between the two sexes,
women
always take the man's side against the woman.
Now this theory, if it
ever represented the true
state of the case, has long ceased to do
so.
The powerful female sex union spoken of, in
the
present day, exercises such a strong pressure in
the formation of
public opinion among women, that
it is rapidly becoming next to impossible,
even in
the most flagrant cases, where man is the victim,
to get any woman
to acknowledge that another
woman has committed a wrong. On the
other
hand it may be noted, that the entire absence of
any consciousness
of sex antagonism in the attitude
of men towards women, combined with an
intensi-
fication of the old-world chivalry prescribed by
tradition
towards the so-called weaker sex, exer-
cises, if anything, an increasing
sway over male
public opinion. Hence the terrific force Feminism
has
obtained in the world of the early twentieth
century.
It is again often supposed, and this is also
a
mistake, that in individual cases of dispute between
6
the sexes, the verdict, let us say of a jury
of men, in
favour of the female prisoner or the female litigant
is solely
or even mainly determined by the fact of
the latter's good
looks. This may indeed play
a part; but it is easy to show from records
of
cases that it is a subordinate one--that, whatever
her looks or her age
may be, the verdict is given
her not so much because she is a pretty
woman as
because she is a woman. Here again the question
of
attractiveness may have played a more potent
part in determining male
verdicts in the days
before Feminist sentiment and Feminist views
had
reached their present dominance. But now the
question of sex
alone, of being a woman, is
sufficient to determine judgment in her
favour.
There is a trick with which votaries of
Feminism
seek to prejudice the public mind against its critics,
and that
is the "fake" that any man who ventures
to criticise the pretensions of
Feminism, is actuated
by motives of personal rancour against the
female
sex, owing to real or imaginary wrongs suffered by
him at the hands
of some member or members of
the sex. I suppose it may be possible that
there are
persons, not precisely microcephalous [abnormally
small headed]
idiots, who could be made to believe
such stuff as this in disparagement of
him who ventures
an independent judgment on these questions;
otherwise
the conduct of Feminists in adopting this line of
argument would
be incomprehensible. But we
7
would fain [gladly] believe that the
number of these
feebleminded persons, who believe there is any
connection between a man having independent judg-
ment enough to refuse
to bend the knee to Modern
Feminist dogma, and his having quarrelled with
any
or all of his female friends or relations, cannot be
very
numerous. As a matter of fact there is not
one single prominent
exponent of views hostile to
the pretensions of what is called the
"Woman's
Movement" of the present day, respecting whom
there is a tittle
of evidence of his not having lived
all his life on the best of terms with
his woman-
kind. There is only one case known of indirectly
by the
present writer, and that not of a prominent
writer or speaker on the subject,
that would afford
any plausible excuse whatever for alleging
anti-
Feminist views to have been influenced by personal
motives of this
kind. I am aware, of course, that
Feminists, with their usual
mendacity, have made
lying statements to this effect respecting
well-nigh
every prominent writer on the anti-Feminist side,
in the hope of
influencing the aforesaid feeble-
minded members of the public against
their
opponents. But a very little investigation suffices
to show in
every case the impudent baselessness
of their allegations. The
contemptible silliness of
this method of controversy should render it
un-
worthy of serious remark, and my only excuse for
alluding to it is the
significant sidelight it casts
8
upon the
intellectual calibre of those who resort
to it, and of the confidence or want
of confidence
they have in the inherent justice of their cause and
the
logical strength of their case.
9
CHAPTER I
HISTORICAL
THE position of
women in social life was for a
long time a matter of course. It did not
arise as
a question, because it was taken for granted. The
dominance
of men seemed to derive so obviously
from natural causes, from the possession
of faculties
physical, moral and intellectual, in men,
which
were wanting in women, that no one thought of
questioning the
situation. At the same time, the
inferiority of woman was never
conceived as so
great as to diminish seriously, much less to
eliminate
altogether, her responsibility for crimes she might
commit.
There were cases, of course, such as that
of offences committed by
women under coverture
[legal "covering" by the husband], in which a
diminution
of responsibility was recognised and was given effect to
in
condonation of the offence and in mitigation of the
punishment. But
there was no sentiment in general in
favour of a female more than of a male
criminal. It
entered into the head of no one to weep tears of pity
over the murderess of a lover or husband rather than
over the murderer of
a sweetheart or wife. Simi-
11
larly, minor offenders, a female blackmailer, a female
thief, a
female perpetrator of an assault, was not
deemed less guilty or worthy of
more lenient
treatment than a male offender in like cases. The
law,
it was assumed, and the assumption was acted
upon, was the same for both
sexes. The sexes
were equal before the law. The laws
were
harsher in some respects than now, although not
perhaps in all.
But there was no special line of
demarcation as regards the punishment of
offences
as between men and women. The penalty
ordained
by the law for crime or misdemeanour
was the same for both and in general
applied
equally to both. Likewise in civil suits, pro-
ceedings were
not specially weighted against the
man and in favour of the woman.
There was, as
a general rule, no very noticeable sex partiality
in
the administration of the law.
This state of affairs
continued in England till
well into the nineteenth century.
Thenceforward
a change began to take place. Modern
Feminism
rose slowly above the horizon. Modern Feminism
has two
distinct sides to it: (1) an articulate
political and economic side
embracing demands for
so-called rights; and (2) a sentimental side
which
insists in an accentuation of the privileges
and
immunities which have grown up, not articulately
or as the result of
definite demands, but as the
consequence of sentimental pleading in
particular
12
cases. In this way, however, a public opinion
became
established, finding expression in a sex favouritism
in the law and
even still more in its administration,
in favour of women as against
men.
These two sides of Modern Feminism are
not
necessarily combined in the same person. One may,
for example,
find opponents of female suffrage
who are strong advocates of sentimental
favourit-
ism towards women in matters of law and its
administration.
On the other hand you may find,
though this is more rare, strong
advocates of political
and other rights for the female sex, who
sincerely
deprecate the present inequality of the law in
favour of women.
As a rule, however, the two
sides go together, the vast bulk of the
advocates
of "Women's Rights" being equally keen on the
retention
and extension of women's privileges.
Indeed, it would seem as though the main
object
of the bulk of the advocates of the "Woman's
Movement" was to
convert the female sex into the
position of a dominant sexe noblesse [sex
nobility].
The two sides of Feminism have advanced hand in
hand for the last two generations, though it was the
purely sentimental
side that first appeared as a
factor in public
opinion.
The attempt to paint women in a different
light
to the traditional one of physical, intellectual and
moral
inferiority to men, probably received its
first literary expression in a
treatise published in
13
1532 by Cornelius Agrippa of Nettesheim entitled
De
Nobilitate et Praecellentia Feminei Sexus and
dedicated to Margaret,
Regent of the Netherlands,
whose favour Agrippa was at that time desirous
of
courting. The ancient world has nothing to offer
in the shape of
literary forerunners of Modern
Feminism, although that industrious collector
of
historical odds and ends, Valerius Maximus, re-
lates the story of one
Afrania who, with some of her
friends, created disturbances in the Law Courts
of
ancient Rome in her attempt to make women's
voices heard before the
tribunals. As regards
more recent ages, after Agrippa, we have to
wait
till the early years of the eighteenth century for
another instance
of Feminism before its time, in an
essay on the subject of woman by Daniel
Defoe.
But it was not till the closing years of the
eighteenth century
that any considerable ex-
pression of opinion in favour of changing
the
relative positions of the sexes, by upsetting the
view of their
respective values, founded on the
general experience of mankind, made itself
notice-
able.
The names of Mary Wollstonecraft in
English
literature and of Condorcet in French, will hardly fail
to occur
to the reader in this connection. During
the French Revolution the
crazy Olympe de
Gouges achieved ephemeral notoriety by her claim
for the
intellectual equality of women with men.
14
Up to this time (the close of the
eighteenth
century) no advance whatever had been made
by legislation in
recognising the modern theory
of sex quality. The claims of women and
their
apologists for entering upon the functions of men,
political, social
or otherwise, although put forward
from time to time by isolated individuals,
received
little countenance from public opinion, and still
less from the
law. What I have called, how-
ever, the sentimental aspect of Modern
Feminism
undoubtedly did make some headway in public
opinion by the end of
the eighteenth century, and
grew in volume during the early years of
the
nineteenth century. It effectuated in the Act
passed in 1820 by
the English Parliament abolish-
ing the punishment of flogging for female
criminals.
This was the first beginning of the differentiation of
the
sexes in the matter of the criminal law. The
parliamentary debate on
the Bill in question shows
clearly enough the power that Sentimental
1 Femi-
1 I
should explain that I attach a distinct meaning to the
word
sentimental ; as used by me it does not signify, as it
does
with most people, an excess of sentiment over and above
what
I feel myself, but a sentiment unequally distributed.
As used
in this sense, the repulsion to the flogging of
women while no
repulsion is felt to the flogging of men
is sentimentalism
pure
and simple. On the other hand the objection to
flogging
altogether as punishment for men or women could not
be de-
scribed as sentimentalism, whatever else it might
be. In the
same way the anti-vivisectionist's aversion
to "physiological"
experiments on animals, if confined to
household pets and not
15
extended to other
animals, might be justly described as senti-
mentalism; but
one who objected to such experiments on all
animals, no matter
whether one agreed with his point of view
or not, could not be
justly charged with sentimentalism (or at
least, not unless,
while objecting to vivisection, he or she were
prepared to
condone other acts involving an equal amount of
cruelty to
animals).
nism had acquired in public opinion in the course
of
a generation, for no proposal was made at the
same time to abolish the
punishment of flogging
so far as men were concerned. Up to this
time
the criminal law of England, as of other countries,
made no
distinction whatever between the sexes
in the matter of crime and punishment,
or at least
no distinction based on the principle or sentiment
of sex
privilege. (A slight exception might be
made, perhaps, in the crime of
"petty treason,"
which distinguished the murder of a husband by
his wife
from other cases of homicide.) But from
this time forward, legislation
and administration
have diverged farther and farther from the principle
of
sex equality in this connection in favour of
female immunity, the result
being that at the
present day, assuming the punishment meted out
to the
woman for a given crime to represent a
normal penalty, the man receives an
additional
increment over and above that accorded to the
crime, for the
offence of having been born a
man and not a
woman.
The Original Divorce Law of 1857 in
its
16
provisions respecting costs and alimony,
constitutes
another landmark in the matter of female privilege
before the
law. Other measures of unilateral
sex legislation followed in the years
ensuing until
the present state of things, by which the whole
power of the
State is practically at the disposal of
woman to coerce and oppress
men. But this side
of the question we propose to deal with later
on.
The present actual movement of Feminism
in
political and social life may be deemed to
have begun in the early sixties,
in the agitation
which preceded the motion of John Stuart Mill in
1867, on
the question of conferring the parliament-
ary franchise upon women.
This was coincident
with an agitation for the opening of various
careers
to women, notably the medical faculty. We are
speaking, of
course, here of Great Britain, which
was first in the field in Europe, alike
in the theory
and practice of Modern Feminism. But the publica-
tion
by the great protagonist of the movement,
John Stuart Mill, of his book, "The
Subjection of
Women," in 1868, endowed the cause with a
literary gospel
which was soon translated into the
chief languages of the Continent, and
corresponding
movements started in other countries.
Strangely
enough, it made considerable headway in Russia,
the
awakening of Russia to Western ideas hav-
ing, recently begun to make itself
felt at the
time of which we are speaking. The
movement
17
henceforth took its place as a permanent factor
in the political
and social life of this and other
countries. Bills for female suffrage
were intro-
duced every year into the British House of
Commons with, on
the whole, yearly diminishing
majorities against these measures, till a few
years
back the scale turned on the other side, and the
Women's
Enfranchisement Bill passed every year its
second reading until 1912, when
for the first time
for many years it was rejected by a small
majority.
Meanwhile both sides of the Feminist movement,
apart from the
question of the franchise, had been
gaining in influence. Municipal
franchise "on the
same terms as for men" had been conceded.
Women
have voted for and sat on School Boards, Boards
of Guardians,
and other public bodies. Their
claim to exercise the medical profession
has been
not merely admitted in law but recognised in
public opinion for
long past. All the advantages
of an academic career have been opened to
them,
with the solitary exception of the actual confer-
ment of degrees at
Oxford and Cambridge. Such
has been the growth of the articulate and
political
side of the theory of Modern Feminism.
The
sentimental side of Feminism, with its
practical result of the overweighting
of justice in
the interests of women in the courts, civil as well
as
criminal, and their practical immunity from the
operation of the criminal law
when in the dock
[place in court where the accused stands],
18
has advanced correspondingly; while at the same
time the sword of
that same criminal law is
sharpened to a razor edge against the man
even
accused, let alone convicted, of any offence against
the sacrosanct
majesty of "Womanhood." Such
is the present position of the Woman
question
in this country, which we take as typical, in the
sense that in
Great Britain, to which we may
also add the United States of America and
the
British Colonies, where--if possible, the movement
is stronger than in
the mother country itself--we
see the logical outcome of Feminist theory
and
sentiment. It remains to consider the existing
facts more in
detail, and the psychological bearings
of that large number of persons who
have been
in the recent past, and are being at the present
time,
influenced to accept the dogmas of Modern
Feminism and the statements of
alleged facts made
by its votaries. Before doing so it behoves us
to
examine the credibility of the dogmas them-
selves, and the nature of the
arguments used to
support them and also the accuracy of the alleged
facts
employed by the Feminists to stimulate
the indignation of the popular mind
against the
pretended wrongs of women.
19
CHAPTER
II
THE MAIN DOGMA OF MODERN FEMINISM
WE have
pointed out in the last chapter that
Modern Feminism has two sides, the
positive,
definite, and articulate side, which ostensibly claims
equality
between the sexes, the chief concern of
which is the conferring of all the
rights and duties
of men upon women, and the opening up of all
careers to
them. The justification of these demands
is based upon the dogma, that,
notwithstanding
appearances to the contrary, women are endowed
by nature
with the same capacity intellectually
and morally as men. We have
further pointed
out that there is another side in Modern Feminism
which in
a vague way claims for women immunity
from criminal law and special
privileges on the
ground of sex in civil law. The basis of this
side
of Feminism is a sentimentalism-- i.e. an un-
equally distributed
sentiment in favour of women,
traditional and acquired. It is seldom
even at-
tempted to base this sentimental claim for women
on argument at
all. The utmost attempts in this
direction amount to vague references
to physical
20
weakness, and to the claim for special considera-
tion deriving
from the old theory of the mental
and moral weakness of the female sex, so
strenu-
ously combated as out of date, when the first
side of Modern
Feminism is being contended
for. The more or less inchoate assumptions
of
the second or sentimental side of the modern
"Woman's Movement" amounts
practically, as
already stated, to a claim for women to be allowed
to
commit crimes without incurring the penalties
imposed by the law for similar
crimes when
committed by men. It should be noted that in
practice
the most strenuous advocates of the
positive and articulate side of
Feminism are also
the sincerest upholders of the unsubstantial
and
inarticulate assumptions of the sentimental side of
the same
creed. This is noticeable whenever a
woman is found guilty of a
particularly atrocious
crime. It is somewhat rare for women to
be
convicted of such crimes at all, since the influence
of sentimental
Feminism with judges and juries is
sufficient to procure an acquittal, no
matter how
conclusive the evidence to the contrary. Even if
women
are found guilty it is usual for a virtually
nominal sentence to be passed.
Should, however,
a woman by any chance be convicted of a
heinous
crime, such as murder or maiming, under speci-
ally aggravated
circumstances, and a sentence be
passed such as would be unanimously
sanctioned by
21
public opinion in the
case of a man, then we find
the whole Feminist world up in arms. The
out-
cry is led by self-styled upholders of equality
between the sexes,
the apostles of the positive
side of Feminism, who bien entendu [of
course] claim
the
eradication of sex boundaries in political and social
life on the ground of
women being of equal
capacity with men, but who, when moral
responsi-
bility is in question, conveniently fall back on a
sentiment,
the only conceivable ground for which
is to be found in the time-honoured
theory of the
mental and moral weakness of the female sex.
As
illustrations of the truth of the foregoing, the
reader may be referred to
the cases of Florence
Doughty in 1906, who shot at and wounded a
solicitor
with whom she had relations, together
with his son; to Daisy Lord in 1908,
for the
murder of her new-born child; to the case of the
Italian
murderess, Napolitano in Canada, convicted
of the cold-blooded butchery of
her husband in his
sleep in 1911, for whose reprieve a
successful
agitation was got up by the suffrage
societies!
Let us first of all consider the dogma at the
basis
of the positive side of Modern Feminism, which
claims rational
grounds of fact and reason for
itself, and professes to be able to make good
its
case by virtue of such grounds. This dogma con-
sists in the
assertion of equality in intellectual
capacity, in spite of appearances to
the contrary, of
22
women with
men. I think it will be admitted that
the articulate objects of Modern
Feminism, taking
them one with another, rest on this dogma, and on
this
dogma alone. I know it has been argued as
regards the question of
suffrage, that the demand
does not rest solely upon the admission of
equality
of capacity, since men of a notoriously inferior
mental order are
not excluded from voting upon
that ground, but the fallacy of this last
argument
is obvious. In all these matters we have to deal
with
averages. Public opinion has hitherto recog-
nised the average of women
as being intellectually
below the voting standard, and the average man
as
not. This, if admitted, is enough to establish the
anti-suffrage
thesis. The latter is not affected by
the fact that it is possible to
find certain individual
men of inferior intelligence and therefore
less
intrinsically qualified to form a political judgment
than certain
specially gifted women. The pre-
tended absurdity of "George Eliot
having no vote,
and of her gardener having one" is really no
absurdity at
all. In the first place, given the
economic advantages which conferred
education
upon the novelist, and not upon the gardener,
there is not
sufficient evidence available that his
judgment in public affairs might not
have been
even superior to that of George Eliot herself.
Moreover, the
possession of exceptionally strong
imaginative faculty, expressing itself as
literary
23
genius or talent in works of fiction, does
not
necessarily imply exceptional power of political
judgment. But,
be this as it may, where averages
are in question, exceptions obviously do
not count.
The underlying assumption of the suffrage
movement may
therefore be taken to be the
average equality of the sexes as regards
intellectual
value. l
An
initial difficulty exists in proving theoretic-
ally the intellectual
inferiority of women to men,
or even their relative unsuitability for
fulfilling
functions involving a special order of judgment.
There are such
things as matters of fact which
are open to common observation and which
none
think of denying or calling in question unless they
have some special
reason for doing so. Now it is
always possible to deny a fact, however
evident it
may be to ordinary perception, and it is equally
impossible to
prove that the person calling in
question the aforesaid evident fact is
either lying
(or shall we say "prevaricating"), or even that
he is a
person hopelessly abnormal is his organs
of
sense-perception.
At the time of writing, the normal
person who
24
1 I believe there are
some Feminist fanatics who pretend to
maintain the superiority
of the female mind, but I doubt
whether this thesis is taken
seriously even by those who put
it forward. In any case
there are limits to the patent absurdities
which it is worth
while to refute by argument.
has no axe to grind in maintaining
the contrary,
declares the sun to be shining brightly, but should
it
answer the purpose of anyone to deny this
obvious fact, and declare that the
day is gloomy
and overcast, there is no power of argument by
which I can
prove that I am right and he is wrong.
I may point to the sun, but if he
chooses to affirm
that he doesn't see it I can't prove that he does.
This
is, of course, an extreme case, scarcely likely
to occur in actual life.
But it is in essence similar
to those cases of persons (and they are
not seldom
met with) who, when they find facts hopelessly
destructive of
a certain theoretical position
adopted by them, do not hesitate to cut the
knot
of controversy in their own favour by boldly
denying the inconvenient
facts. One often has
experience of this trick of controversy in
discussing
the question of the notorious characteristics of the
female
sex. The Feminist driven into a corner
endeavours to save his face by
flatly denying
matters open to common observation and admitted
as obvious
by all who are not Feminists. Such
facts are the pathological mental
condition peculiar
to the female sex, commonly connoted by the
term
hysteria; the absence, or at best the extremely
imperfect development
of the logical faculty in
most women; the inability of the average
woman
in her judgment of things to rise above personal
considerations;
and, what is largely a consequence
25
of this, the lack of a sense of abstract justice and
fair play
among women in general. The aforesaid
peculiarities of women, as women,
are, I contend,
matters of common observation and are only dis-
puted by
those persons--to wit Feminists--to
whose theoretical views and practical
demands
their admission would be inconvenient if not fatal.
Of course
these characterisations refer to averages,
and they do not exclude partial or
even occasionally
striking exceptions. It is possible,
therefore,
although perhaps not very probable, that indi-
vidual
experience may in the case of certain
individuals play a part in falsifying
their general
outlook; it is possible--although, as I before
said
not perhaps very probable--that any given
man's experience of the other sex
has been limited
to a few quite exceptional women and that hence
his
particular experience contradicts that of the general
run of
mankind. In this case, of course, his refusal
to admit what to others
are self-evident facts
would be perfectly bona fide. The above
highly
improbable contingency is the only refuge for those
who would
contend for sincerity in the Feminist's
denials. In this matter I only
deal with the male
Feminist. The female Feminist is usually too
biassed
a witness in this particular question.
Now let
us consider the whole of the differentia-
tions of the mental character
between man and
woman in the light of a further
generalisation
26
which is sufficiently obvious in
itself and which
has been formulated with special clearness by the
late
Otto Weininger in his remarkable book,
"Geschlecht und Charakter" (Sex and
Character).
I refer to the observations contained in Section II.,
Chaps. 2
and 3. The point has been, of course, pre-
viously noted, and the
present writer, among others,
has on various occasions called special
attention to
it. But its formulation and elaboration by Weininger
is
the most complete I know. The truth in
question consists in the fact,
undeniable to all those
not rendered impervious to facts by
preconceived
dogma, that, as I have elsewhere put it, while man
has a sex,
woman is a sex. Let us hear Weininger
on this point. "Woman is
only sexual, man is also
sexual. Alike in time and space
this difference may
be traced in man, parts of his body susceptible
to
sexual excitement are small in number and strictly
localised. In
woman sexuality is diffused over the
whole body, every contact on whatever
part excites
her sexually." Weininger points out that while
the
sexual element in man, owing to the physio-
logical character of the sexual
organs, may be at
times more violent than that in woman, yet that
it is
spasmodic and occurs in crises separated by
intervals of quiescence. In
woman, on the other
hand, while less spasmodic, it is continuous.
The
sexual instinct with man being, as he styles it, "an
appendix" and no
more, he can raise himself
27
mentally entirely
outside of it. "He is conscious of
it as of something which he
possesses but which
is not inseparate from the rest of his nature.
He
can view it objectively. With woman this is not
the case;
the sex element is part of her whole
nature. Hence, it is not as with
man, clearly recog-
nisable in local manifestations, but subtly affects
the
whole life of the organism. For this reason the man
is conscious
of the sexual element within him as
such, whereas the woman is unconscious of
it as
such. It is not for nothing that in common parlance
woman is
spoken of as 'the sex.' In this sexual
differentiation of the whole
life-nature of woman
from man, deducible as it is from physiological
and
anatomical distinctions, lies the ground of those
differentiations of
function which culminate in the
fact that while mankind in its intellectual
moral
and technical development is represented in the
main by Man, Woman
has continued to find her
chief function in the direct procreation of the
race."
A variety of causes, notably modern economic
development, in their
effect on family life, also the
illegitimate application of the modern
democratic
notion of the equality of classes and races, to
that of sex,
has contributed to the modern revolt
against natural sex
limitations.
Assuming the substantial accuracy of the
above
statement of fact, the absurdity and cheapness
of the clap-trap of
the modern "social purity"
28
monger, as to having one and
the same sexual
morality for both sexes will be readily seen.
The
recognition of the necessity of admitting greater
latitude in
this respect to men than to women is
based clearly on physiology and
common-sense.
With men sexual instinct manifests itself locally,
and at
intervals its satisfaction is an urgent and
pressing need. With woman
this is not so. Hence
the recognised distinction between the sexes
in
this respect is, as far as it goes, a thoroughly
sound one. Not
that I am championing the
severity of the restrictions of the current
sexual
code as regards women. On the contrary, I think
it ought to
be and will be, in a reasonable society
of the future, considerably relaxed.
I am only
pointing out that the urgency is not so great in
the one
case as in the other. And this fact it is
which has led to the
toleration of a stringency,
originally arising mainly from economic
causes
(questions of inheritance and the like), in the case
of women,
which would not have been tolerated
in that of men, even had similar reasons
for its
adoption in their case obtained. Any successful
attempt of
social purity mongers to run counter
to physiology in enforcing either by
legislation
or public opinion the same stringency on men in
this respect
as on women could but have the most
disastrous consequences to the health and
well-
being of the community.
29
It was a saying
of the late Dr Henry Maudsley:
"Sex lies deeper than culture. "
By this we may
understand to be meant that sex differences
are
organic. All authorities on the physiological
question are
agreed that woman is less well-
organised, less well-developed, than man.
Dr
de Varigny asserts that this fact is traceable
throughout the
whole female organism, through-
out all its tissues, and all its
functions. For
instance, the stature of the human female is
less
than that of the man in all races. As regards
weight there is a
corresponding difference. The
adult woman weighs, on the average,
rather more
than 11 lbs. less than the man; moreover as a rule
a woman
completes her growth some years
earlier than a man. The bones are
lighter in the
woman than in the man; not absolutely but in
proportion to
the weight of the body. They are,
it is stated, not merely thinner but
more fragile.
The difference may be traced even to their
chemical
composition. The whole muscular de-
velopment is inferior in woman to
that in man
by about one-third. The heart in woman is
smaller and
lighter than in man--being about
101/2 oz. in man as against slightly
over
8 oz. in woman. In the woman the respiratory
organs show less
chest and lung capacity. Again,
the blood contains a considerably less
proportion
of red to white corpuscles. Finally, we come
to
30
the question of the
size and constitution of the
brain. (It should be observed that all
these
distinctions of sex show themselves more or less
from birth
onwards.)
Specialists are agreed that at all ages
the
size of the brain of woman is less than that of
man. The
difference in relative size is greater
in proportion according to the degree
of civilisation.
This is noteworthy, as it would seem as though
the brain
of man grew with the progress of
civilisation, whereas that of woman remains
nearly
stationary. The average proportion as regards size
of skull
between the woman and man of to-day
is as 85 to 100. The weight of
brain in woman
varies from 38 1/2 oz. to 45 1/2 oz.; in man, from
42 oz.
to 49 oz. This represents the absolute dif-
ference in weight, but,
according to Dr de Varigny,
the relative weight-- i.e. the weight in
proportion
to that of the whole body--is even more striking
in its
indication of inferiority. The weight of the
brain in woman is but
one-forty-fourth of the
weight of the body, while in man it is
one-fortieth.
This difference accentuates itself with age. It
is
only 7 per cent in favour of man between twenty and
thirty years; it is
11 per cent between thirty and
forty years. As regards the substance of
the brain
itself and its convolutions, the enormous majority
of
physiologists are practically unanimous in de-
claring that the female brain
is simpler and
31
smoother, its convolutions fewer
and more super-
ficial than those of the male brain, that the
frontal
lobes, generally associated with the intellectual
faculties, are
less developed than the occipital lobes,
which are universally connected with
the lower
psychological functions. The grey substance is
poorer and
less abundant in woman than in man,
while the blood vessels of the occipital
region are
correspondingly fuller than those supplying the
frontal
lobes. In man the case is exactly the
reverse. It cannot be
denied by any sane person
familiar with the barest elements of
physiology
that the whole female organism is subservient
to the functions
of child-bearing and lactation,
which explains the inferior development of
those
organs and faculties which are not specially
connected with this
supreme end of Woman.
It is the fashion of Feminists,
ignoring these
fundamental physiological sex differences, to
affirm that
the actual inferiority of women, where
they have the honesty to admit such an
obvious
fact, is accountable by the centuries of oppression
in which Woman
has been held by wicked and
evil-minded Man. The absurdity of this
conten-
tion has been more than once pointed out. As-
suming its
foundation in fact, what does it imply!
Clearly that the girls inherit only
through their
mothers and boys only through their fathers, an
hypothesis
plainly at variance with the known
32
facts of heredity.
Yet those who maintain that
distinction of intelligence, etc., between the
sexes
are traceable to external conditions affecting one
sex only and
inherited through that sex alone,
cannot evade the above assumption.
Those,
therefore, who regard it as an article of their
faith that Woman
would show herself not in-
ferior in mental power to man, if only she
had
the chance of exercising that power, must
find a surer foundation for their
opinion than
this theory of the centuries of oppression, under
which, as
they allege, the female sex has
laboured.
We now come
to the important question of
morbid and pathological mental conditions
to
which the female sex is liable and which are
usually connected with
those constitutional dis-
turbances of the nervous system which pass
under
the name of hysteria . The word is, as
everyone
knows, derived from hystera--the womb, and was
uniformly
regarded by the ancients as directly
due to disease of the uterus,
this view maintaining
itself in modern medicine up till well-nigh
the
middle of the nineteenth century. Thus Dr J.
Mason Good (in his
"Study of Medicine," 1822,
vol. iii., p. 528, an important medical
text-book
during the earlier half of the nineteenth century)
says: "With a
morbid condition of this organ,
hysteria is in many instances very closely
con-
33
nected, though it is going too far to say that it is
always
dependent upon such condition, for we
meet with instances, occasionally, in
which no
possible connexion can be traced between the
disease and
the organ," etc. This is perhaps the
first appearance, certainly
in English medicine,
of doubts being thrown on the uterine origin
of
the various symptoms grouped under the general
term, hysteria .
Towards the latter part of the
nineteenth century the prevalent view
tended
more and more to dissociate hysteria from uterine
trouble.
Lately, however, some eminent patho-
logists have shown a
tendency to qualify the
terms of the latter view. Thus Dr
Thomas
Stevenson in 1902 admits that "it [hysteria]
frequently accompanies
a morbid state of the
uterus," especially where inflammation and
con-
gestion are present, and it is not an uncommon
thing for surgeons at
the present time to remove
the ovaries in obstinate cases of hysteria.
On the
other hand Dr Thomas Buzzard, in an article
on the subject in
Quain's Dictionary of Medicine,
1902, states that hysteria is only
exceptionally
found in women suffering from diseases of the
genital
organs, and its relation to uterine and
ovarian disturbances is probably
neither more nor
less than that which pertains to the other affections
of
the nervous system which may occur without
any obvious material cause.
Dr Thomas Luff
34
("Text-Book on Forensic Medicine," 1895)
shows
that the derangements of the reproductive functions
are undoubtedly
the cause of various attacks of
insanity in the female. Dr Savage, in
his book
"On Neuroses," says that acute mania in women
occurs most
frequently at the period of adult and
mature life, and may occasionally take
place at
either extreme age. Acute mania sometimes occurs
at the
suppression of the menses. The same is true
of melancholia and
other pathological mental
symptoms. Dr Luff states that acute mania
may
replace hysteria; that this happens at periods such
as puberty, change
of life and menstruation.
These patients in the intervals of their attacks
are
often morbidly irritable or excitable, but as time
goes on their
energies become diminished and their
emotions blunted ("Forensic Medicine,"
ii. 307).
Such patients are often seized with a desire to
commit violence;
they are often very mischievous,
tearing up clothes, breaking windows, etc.
In this
mental disorder the patient is driven by a morbid
and
uncontrollable impulse to such acts. It is not
accompanied by
delusions, and frequently no
change will have been noticed in the
individual
prior to the commission of the act, and conse-
quently, says Dr
Luff, "there is much difference
of opinion as to the responsibility of the
individual"
(ii. 297). Among the acts spoken of Dr Luff
mentions a
propensity to set fire to furniture,
35
houses, etc. All
this, though written in 1895, might
serve as a commentary on the Suffragette
agitation
of recent years. The renowned French professor,
Dr Paul
Janet ("Les Hysteriques," 1894) thus
defined hysteria: "Hysteria is a mental
affection
belonging to the large group of diseases due to
cerebral
weakness and debility. Its physical
symptoms are somewhat indefinite,
consisting
chiefly in a general diminution of nutrition. It
is
largely characterised by moral symptoms, chief
of which is an
impairment of the faculty of
psychological synthesis, an abolition and a
con-
traction of the field of consciousness. This mani-
fests itself
in a peculiar manner and by a certain
number of elementary phenomena.
Thus sensations
and images are no longer perceived, and appear
to be
blotted out from the individual perception,
a tendency which results in their
persistent and
complete separation from the personality in some
cases and
in the formation of many independent
groups. This series of
psychological facts alternate
the one with the other or co-exist.
Finally this
synthetic defect favours the formation of certain
independent
ideas, which develop complete in
themselves, and unattached from the control
of
the consciousness of the personality. These ideas
show themselves
in affections possessing very
various and unique characteristics."
According
to Mr A. S. Millar, F.R.C.S.E. ( Encyclopædia
36
Medica,
vol. v.), "Hysteria is that ... condition
in which there is imagination,
imitation, or ex-
aggeration.... It occurs mostly in females
and
persons of nervous temperament, and is due to
some nervous
derangement, which may or may
be pathological." Sir James Paget
("Clinical
Lectures on Mimicry") says also that hysterical
patients are
mostly females of nervous tempera-
ment. "They think of themselves
constantly, are
fond of telling everyone of their troubles and thus
court
sympathy, for which they have a morbid
craving. Will power is deficient
in one direction,
though some have it very strongly where their
interests
are concerned.'' He thinks the term
"hysteria" in the sense
now employed incorrect,
and would substitute "mimicry." "The
will
should be controlled by the intellect," observes
Dr G.
F. Still of King's College Hospital, "rather
than by the emotions and the
lack of this control
appears to be at the root of some, at least, of
the
manifestations of hysteria."
Dr Thomas
Buzzard, above mentioned, thus
summarises the mental symptoms: "The
intelli-
gence may be apparently of good quality, the
patient evincing
sometimes remarkable quickness
of apprehension; but carefully tested it is
found
to be wanting in the essentials of the highest class
of mental
power. The memory may be good, but
the judgment is weak and the ability
to concentrate
37
the attention for any
length of time upon a subject
is absent. So also regard for accuracy,
and the
energy necessary to ensure it in any work that is
undertaken, is
deficient. The emotions are excited
with undue readiness and when
aroused are in-
capable of control. Tears are occasioned not only
by
pathetic ideas but by ridiculous subjects and
peals of laughter may
incongruously greet some
tragic announcement, or the converse may
take
place. The ordinary signs of emotion may be
absent and replaced
by an attack of syncope [fainting],
convulsion, pain or paralysis.
Perhaps more con-
stant than any other phenomenon in hysteria is
a
pronounced desire for the sympathy and interest
of others. This is
evidently only one of the most
characteristic qualities of femininity,
uncontrolled
by the action of the higher nervous centres which
in a
healthy state keep it in subjection. There is
very frequently not only
a deficient regard for
truthfulness, but a proneness to active
deception
and dishonesty. So common is this, that the
various phases
of hysteria are often assumed to
be simple examples of voluntary simulation
and
the title of disease refused to the condition. But
it seems more
reasonable to refer the symptoms to
impairment of the highly complex nervous
processes
which form the physiological side of the moral
faculties
(Quain's Dictionary of Medicine, 1902).
"It is not
uncommon to find hysteria in females
38
accompanied by an utter indifference and
insensi-
bility to sexual relations. Premature cessation
of
ovulation is a frequent determining cause. In cases
where the
ovaries are absent[,] the change from girl
to woman, which normally takes
place at puberty,
does not occur. The girl grows but does
not
develop, a masculine appearance supervenes, the
voice becomes manly
and harsh, sexual passion is
absent, the health remains good. The most
violent
instances of hysteria are in young women of the most
robust and
masculine constitution" (John Mason
Good, M.D., "Study of Medicine," 1822).
Other
determining causes are given, as painful impressions,
long
fasting, strong emotions, imitation, luxury,
ill-directed education and
unhappy surroundings,
celibacy, where not of choice but enforced by
cir-
cumstances, unfortunate marriages, long-continued
trouble, fright,
worry, overwork, disappointment
and such like nervous perturbations, all
which
causes predispose to hysteria. "It attacks child-
less women
more frequently than mothers and
particularly young widows," and, says
Dr J.
Mason Good, "more especially still those who
are
constitutionally inclined to that morbid salacity
which has often been
called nymphomania . . .
the surest remedy is a happy marriage" ("Study
of
Medicine," 1822, iii. 531). Hysteria is, in common
with other
nervous disorders, essentially a heredi-
tary malady, and. Briquet ("Traité
de l'hysterie,"
39
1899) gives statistics to show that in nine cases out
of ten
hysterical parents have hysterical children.
Dr Paul Sainton of the Faculty
of Medicine,
Paris, says: "The appearance of a symptom
of hysteria
generally proves that the malady has
already existed for some time though
latent. The
name of a provocative agent of hysteria is given
to any
circumstance which suddenly reveals the
malady but the real cause of the
disorder is a
hereditary disposition. If the real cause is
unique,
the provocative agents are numberless. The moral
emotions,
grief, fright, anger and other psychic
disturbances are the most frequent
causes of
hysterical affections and in every walk of life
subjects are
equally liable to attacks."
Hysteria may appear at any
age. It is common
with children, especially during the five or
six
years preceding puberty. Of thirty-three cases
under twelve
years which came under Dr Still's
notice, twenty-three were in children over
eight
years. Hysteria in women is most frequent between
the ages of
fifteen and thirty, and most frequently
of all between fifteen and twenty.
As a rule there
is a tendency to cessation after the "change."
It
frequently happens, however, that the disease is
continued into an
advanced period of life.
"There is a constant change,"
says Professor
Albert Moll ("Das nervöse Weib," p. 165),
"from a cheerful
to a depressed mood. From
40
being free and merry the
woman in a short time
becomes sulky and sad. While a moment
before
she was capable of entertaining a whole company
without pause,
talking to each member about that
which interested him, shortly afterwards
she does
not speak a word more. I may mention the well-
worn example
of the refusal of a new hat as being
capable of converting the most lively
mood into its
opposite. The weakness of will shows itself here
in
that the nervous woman [by "nervous" Dr Moll
means what is commonly termed
"hysterical"]
cannot, like the normal one, command the ex-
pression of her
emotions. She can laugh un-
interruptedly over the most indifferent
matter until
she falls into veritable laughing fits. The crying
fits
which we sometimes observe belong to the
same category. When the
nervous woman is
excited about anything she exhibits outbreaks of
fury
wanting all the characteristics of womanhood,
and she is not able to prevent
these emotional out-
bursts. In the same way just as the
emotions
weaken the will and the woman cannot suppress
this or that
action, it is noticeable in many nervous
women that quite independently of
these emotions
there is a tendency to continuous alterations in
their way
of acting. It has been noticed as
characteristic of many nervous
persons that their
only consistency lies in their inconsistency. But
this
must in no way be applied to all nervous persons.
41
On this disposition, discoverable in the
nature of so
many nervous women, rests the craving for change
as
manifested in the continual search for new
pleasures, theatres, concerts,
parties, tours, and
other things (p. 147). Things that to the
normal
woman are indifferent or to which she has, in a
sense,
accustomed herself, are to the nervous
woman a source of constant
worry. Although she
may perfectly well know that the circumstances
of
herself and her husband are the most brilliant and
that it is
unnecessary for her to trouble herself in
the least about her material
position as regards the
future, nevertheless the idea of financial
ruin
constantly troubles her. Thus if she is a millionaire's
wife
she never escapes from constant worry.
Similarly the nervous woman creates
troubles out
of things that are unavoidable. If in the course
of
years she gets more wrinkles, and her attraction for
man diminishes,
this may easily become a source of
lasting sorrow for the nervous
woman."
We now have to consider a point which is
being
continually urged by Feminists in the present day
when confronted
with the pathological mental
symptoms so commonly observed in women
which
are usually regarded as having their origin in
hysteria. We
often hear it said by Feminists in
answer to arguments based on the above
fact:
"Oh, but men can also suffer from hysteria!"
"In England," says Dr
Buzzard, "hysteria is
42
comparatively rarely met with in
males, the female
sex being much more prone to the affection."
The
proportion of males to females in hysteria is, ac-
cording to Dr
Pitré ("Clinical Essay on Hysteria,"
1891), 1 to 3; according to Bodensheim,
1 to 10;
and according to Briquet, 1 to 20. The author of
the
article on Hysteria in The Encyclopædia Britannica
(11th
edition, 1911) also gives 1 to 20 as the
numerical proportion between male
and female
cases. Dr Pitré, in the work above cited, gives
82
per cent of cases of convulsions in women as
against 22 in men. But in
all this, under the con-
cept hysteria are included, and indeed
chiefly
referred to, various physical symptoms of a con-
vulsive and
epileptic character which are quite
distinct from the mental conditions
rightly or
wrongly connected, or even identified, with
hysteria in the
popular mind, and by many medical
authorities. But even as
regards hysteria in the
former sense of the word, a sharp line of
distinction
based on a diagnosis of cases was long ago drawn
by medical
men between hysteria masculina and hysteria
fœminina,
and in the present day eminent authorities
--e.g. Dr Bernard Holländer--would deny that the
symptoms occasionally diagnosed as hysteria in men
are
identical with or due to the same causes as
the somewhat similar conditions
known in women
under the name.
After all, this whole
question in its broader
43
bearings is more a question of
common-sense
observation than one for medical experts.
What we are here chiefly concerned with as
"hysteria" (in accordance with
popular usage of
the term) are certain pathological mental symptoms
in
women open to everybody's observation, and
denied by no one unprejudiced by
Feminist views.
Every impartial person has only to cast his eye
round his
female acquaintance, and to recall the
various women, of all classes,
conditions and
nationalities, that he may have come in contact
with in the
course of his life, to recognise those
symptoms of mental instability
commonly called
hysterical, as obtaining in at least a proportion of
one
to every four or five women he has known, in
a marked and unmistakable
degree. The proper-
tion given is, in fact, stated in an official
report to
the Prussian Government issued some ten years
back as that
noticeable among female clerks, post
office servants and other women employed
in the
Prussian Civil Service. Certainly as regards women
in
general, the observation of the present writer,
and others whom he has
questioned on the subject,
would seem to indicate that the proportions
given
in the Prussian Civil Service report as regards the
number of women
afflicted in this way are rather
under than over stated.
l There are many
medical
1 The insanities mentioned above
are the extremes. There are
mental disturbances of less
severity constantly occurring which
44
are connected with the
regular menstrual period as well as with
disordered
menstruation, with pregnancy, with parturition,
with
Lactation, and especially with the change of life
[menopause].
men who aver that no woman is entirely free
from
such symptoms at least immediately before and
during the menstrual
period. The head surgeon at
a well-known London hospital informed a
friend
of mine that he could always tell when this period
was on or
approaching with his nurses, by the
mental change which came over
them.
Now these pathological symptoms noticeable in
a
slight and more or less unimportant degree in the
vast majority, if not
indeed in all women, and in a
marked pathological degree in a large
proportion
of women, it is scarcely too much to say do not
occur at all in
men. I have indeed known, I think,
two men, and only two, in the course
of my life,
exhibiting mental symptoms analogous to those
commonly called
"hysterical" in women. On the
other hand my own experience, and it is
not alone,
is that very few women with whom I have come
into more or less
frequent contact, socially or
otherwise, have not at times shown the
symptoms
referred to in a marked degree. If, therefore, we
are to
admit the bare possibility of men being
afflicted in a similar way it must be
conceded that
such cases represent such rarœ aves [rare
things]
as to be negligible for practical
purposes.
A curious thing in pronounced examples of
this
45
mental instability in women
is that the symptoms
are often so very similar in women of quite
different
birth, surroundings and nationality. I can recall
at the
present moment three cases, each different as
regards birth, class, and in
one case nationality,
and yet who are liable to develop the same
symptoms
under the influence of quite similar idées fixes
[obsessions].
But it seems hardly necessary to labour
the point
in question at greater length. The whole experi-
ence of
mankind since the dawn of written records
confirmed by, as above said, that
of every living
person not specially committed to the theories of
Modern
Feminism, bears witness alike to the pre-
valence of what we may term the
hysterical mind in
woman and to her general mental frailty. It is not
for
nothing that women and children have always been
classed together.
This view, based as it is on the
unanimous experience of mankind and
confirmed
by the observation of all independent persons, has,
I repeat,
not been challenged before the appear-
ance of the present Feminist Movement
and hardly
by anyone outside the ranks of that
movement.
It is not proposed here to dilate at length on
the
fact, often before insisted upon, of the absence
throughout history of
the signs of genius, and, with
a few exceptions, of conspicuous talent, in
the
human female, in art, science, literature, invention
or "affairs."
The fact is incontestable, and if it be
46
argued that this absence in women, of
genius or
even of a high degree of talent, is no proof of the
inferiority
of the average woman to the average
man the answer is
obvious.
Apart from conclusive proof, the fact of
the
existence in all periods of civilisation, and even
under the higher
barbarism, of exceptionally gifted
men, and never of a correspondingly gifted
woman,
does undoubtedly afford an indication of inferiority
of the average
woman as regards the average man.
From the height of the mountain peaks we
may,
other things equal, undoubtedly conclude the
existence of a tableland
beneath them in the same
tract of country whence they arise. I have already,
in the present chapter, besides elsewhere, referred
to
the fallacy that intellectual or other fundamental
inferiority in woman
existing at the present day is
traceable to any alleged repression in the
past, since
(Weissmann and his denial of transmission of ac-
quired
characteristics apart), assuming for the sake
of the argument such repression
to have really
attained the extent alleged, and its effects to have
been
transmitted to future generations, it is against
all the laws of heredity
that such transmission should
have taken place through the female line
alone ,
as is contended by the advocates of this theory.
Referring to
this point, Herbert Spencer has
expressed the conviction of most scientific
thinkers
on the subject when he declares a difference
47
between the mental
powers of men and women to
result from "a physiological necessity, and
no
amount of culture can obliterate it." He further
observes (the
passages occur in a letter of his to
John Stuart Mill) that "the relative
deficiency of
the female mind is in just those most complex
faculties,
intellectual and moral, which have political
action for their
sphere."
One of the points as regards the inferiority
of
women which Feminists are willing and even
eager to concede, and it is
the only point of which
this can be said, is that of physical
weakness.
The reason why they should be particularly
anxious to emphasise
this deficiency in the sex is
not difficult to discern. It is the only
possible
semblance of an argument which can be plausibly
brought forward
to justify female privileges in
certain directions. It does not really
do so, but it
is the sole pretext which they can adduce with
any show of
reason at all. Now it may be observed
(1) that the general frailty of
woman would militate
coetaris paribus [all other things equal],
against
their own dogma of
the intellectual equality between the
sexes; (2) that this physical weakness
is more particularly
a muscular weakness, since constitutionally the
organ-
ism of the human female has enormous power of
resistance and
resilience, in general, far greater than
that of man (see below, pp.
125-128). It is a matter
of common observation that the average woman
can
48
pass through strains and recover in a way few
men can
do. But as we shall have occasion to
revert to these two points at
greater length later
on, we refrain from saying more
here.
How then, after consideration, shall we judge
of
the Feminist thesis, affirmed and reaffirmed, insisted
upon by so many
as an incontrovertible axiom, that
woman is the equal, intellectually and
morally, if not
physically, of man? Surely that it has all the
characteristics
of a true dogma. Its votaries might well say with
Tertullian,
credo quia absurdum [ I believe
because it is absurd.]
It contradicts the whole experience of mankind in
the past. It is
refuted by all impartial observation
in the present. The facts which
undermine it are
seriously denied by none save those committed to
the
dogma in question. Like all dogmas, it is sup-
ported by "bluff."
In this case the '"bluff" is to the
effect that it is the "part, mark,
business, lot" (as
the Latin grammars
of our youth would have had
it) of the "advanced" man who considers
himself
up to date, and not "Early Victorian," to regard it
as
unchallengeable. Theological dogmas are backed
up by the bluff of
authority, either of scriptures
or of churches. This dogma of the
Feminist cult is
not vouchsafed by the authority of a Communion
of saints
but by that of the Communion of advanced
persons up to date.
Unfortunately dogma does not
sit so well upon the community of advanced
persons
up to date--who otherwise profess to, and generally
49
do, bring the tenets they hold to the bar of
reason
and critical test--as it does on a church
or community of saints who suppose
themselves
to be individually or collectively in communication
with wisdom
from on high. Be this as it may, the
"advanced man" who would claim to
be "up to
date" has to swallow this dogma and digest it as
best he can.
He may secretly, it is true, spew it out
of his mouth, but in public,
at least, he must make
a pretence of accepting it without
flinching.
50
CHAPTER III
THE ANTI-MAN CRUSADE
WE have already
pointed out that Modern
Feminism has two sides or aspects. The
first
formulates definite political, juridical and economic
demands on the
grounds of justice, equity, equality
and so forth, as general principles; the
second does
not formulate in so many words definite demands
as general
principles, but seems to exploit the
traditional notions of chivalry based on
male sex
sentiment, in favour of according women special
privileges on the
ground of their sex, in the
law, and still more in the administration of
the
law. For the sake of brevity we call the first
Political
Feminism, for, although its demands are
not confined to the political
sphere, it is first
and foremost a political movement, and its
typical
claim at the present time, the Franchise, is a
purely political
one; and the second Sentimental
Feminism, inasmuch as it
commonly does not profess
to be based on any general principle
whatever,
whether of equity or otherwise, but relies ex-
clusively on the
traditional and conventional
51
sex sentiment of
Man towards Woman. It may
be here premised that most Political
Feminists,
however much they may refuse to admit it, are
at heart also
Sentimental Feminists. Sentimental
Feminists, on the other hand, are
not invariably
Political Feminists, although the majority of
them
undoubtedly are so to a greater or lesser extent.
Logically, as we
shall have occasion to insist upon
later on, the principles professedly at
the root of
Political Feminism are in flagrant contradiction
with any that
can justify Sentimental Feminism.
Now both the orders of
Feminism referred to
have been active for more than a generation past
in
fomenting a crusade against the male sex--an
Anti-Man Crusade. Their
efforts have been largely
successful owing to a fact to which attention
has,
perhaps, not enough been called. In the case of
other classes,
or bodies of persons, having com-
munity of interests this common interest
invariably
interprets itself in a sense of class, caste, or
race
solidarity. The class or caste has a certain esprit
de
corps in its own interest. The whole of
history
largely turns on the conflict of economic classes
based on a
common feeling obtaining between
members of the respective classes; on a
small
scale, we see the same thing in the solidarity of a
particular trade
or profession. But it is unnecessary
to do more than call attention
here to this funda-
mental sociological law upon which alike the
class
52
struggles of history, and of
modern times, the
patriotism of states from the city-state of the
ancient
world to the national state of the modern
world, is based. Now note the
peculiar manner
in which this law manifests itself in the sex question
of
the present day. While Modern Feminism has
succeeded in establishing a
powerful sex-solidarity
amongst a large section of women as against
men,
there is not only no sex-solidarity of men as
against women, but, on the
contrary, the prevalence
of an altogether opposed sentiment. Men hate
their
brother-men in their capacity of male persons. In any
conflict
of interests between a man and a woman,
male public opinion, often in
defiance of the most
obvious considerations of equity, sides with
the
woman, and glories in doing so. Here we seem to
have a very
flagrant contradiction with, as has
already been said, one of the most
fundamental
sociological laws. The explanations of the
pheno-
mena in question are, of course, ready to hand:--
Tradition of
chivalry, feelings, perhaps inherited,
dating possibly back to the prehuman
stage of
man's evolution, derived from the competition of
the male with
his fellow-male for the possession
of the coveted female,
etc.
These explanations may have a measure of
validity,
but I must confess they are to me scarcely
adequate to account for the
intense hatred which
the large section of men seem to entertain
towards
53
their
fellow-males in the world of to-day, and
their eagerness to champion the
female in the
sex war which the Woman's "sex union," as it
has been
termed, has declared of recent years.
Whatever may be the explanation, and I
confess
I cannot find one completely satisfactory, the fact
remains.
A Woman's Movement unassisted by
man, still more if opposed energetically by
the
public opinion of a solid phalanx of the man-
hood of any country,
could not possibly make
any headway. As it is, we see the
legislature,
judges, juries, parsons, specially those of the
non-
conformist persuasion, all vie with one another in
denouncing the
villainy and baseness of the male
person, and ever devising ways and means to
make
his life hard for him. To these are joined a host of
literary
men and journalists of varying degrees of
reputation who contribute their
quota to the stream
of anti-manism in the shape of novels,
storiettes,
essays, and articles, the design of which is to paint
man as a
base, contemptible creature, as at once
a knave and an imbecile, a bird of
prey and a
sheep in wolfs clothing, and all as a foil to the
glorious
majesty of Womanhood. There are not
wanting artists who are pressed
into this service.
The picture of the Thames Embankment at
night, of the
drowned unfortunate with the
angel's face, the lady and gentleman in
evening
dress who have just got out of their cab--the lady
54
with uplifted hands bending over the
dripping
form, and the callous and brutal gentleman turning
aside to light
a cigarette--this is a typical
specimen of Feminist didactic art. By
these means,
which have been carried on with increasing ardour
for a
couple of generations past, what we may term
the anti-man cultus has been
made to flourish and
to bear fruit till we find nowadays all recent
legis-
lation affecting the relations between the sexes
carrying its
impress, and the whole of the judiciary
and magistracy acting as its priests
and ministrants.
On the subject of Anti-man legislation, I
have
already written at length elsewhere,l but for
the
sake of completeness I state the case briefly
here. (1) The marriage
laws of England to-day
are a monument of Feminist sex partiality.
If
I may be excused the paradox, the parti-
ality of the marriage laws begins
with the
law relating to breach of promise, which, as is
well known,
enables a woman to punish a man
vindictively for refusing to marry her after
having
once engaged himself to her. I ought to add, and
this,
oftentimes, however good his grounds may be
for doing so. Should the
woman commit perjury,
in these cases, she is never prosecuted for
the
1 Cf.
Fortnightly Review , November 1911,
"A Creature of
Privilege," also a pamphlet (collaboration)
entitled "The
Legal Subjection of Men." Twentieth
Century Press, reprinted
by New Age Press, 1908.
55
offence. Although the law of breach of
promise
exists also for the man, it is well known to be
totally
ineffective and practically a dead letter.
It should be remarked that,
however gross the
misrepresentations or undue influences on the part
of
the woman may have been to induce the man
to marry her, they do not cause her
to lose her
right to compensation. As, for instance, where
an
experienced woman of the world of thirty or forty
entraps a boy
scarcely out of his teens. (2) Again,
according to the law of England,
the right to
maintenance [support] accrues solely to the woman.
Formerly this privilege was made dependent on
her
cohabitation with the man and generally decent
behaviour to him.
Now even these limitations
cease to be operative, while the man is
liable to
imprisonment and confiscation of any property he
may have.
A wife is now at full liberty to leave
her husband, while she retains her
right to get
her husband sent to gaol if he refuses to maintain
her--to
put the matter shortly, the law imposes
upon the wife no legally enforceable
duties what-
ever towards her husband. The one thing which
it
will enforce with iron vigour is the wife's right of
maintenance
against her husband. In the case of
a man of the well-to-do
classes, the man's property
is confiscated by the law in favour of his
wife. In
the case of a working man the law compels her
husband to
do corvée [unpaid work] for her, as the
56
feudal serf had to do for his lord. The wife, on
the other
hand, however wealthy, is not compelled
to give a farthing towards the
support of her
husband, even though disabled by sickness or by
accident;
the single exception in the latter case
being should he become chargeable to
the parish,
in which case the wife would have to pay the
authorities a
pauper's rate for his maintenance.
In a word, a wife has complete possession
and
control over any property she may possess, as well
as over her
earnings; the husband, on the other
hand, is liable to confiscation of
capitalised property
or earnings at the behest of the law courts in
favour
of his wife. A wife may even make her
husband bankrupt on the ground of
money she
alleges that she lent him; a husband, on the other
hand, has no
claim against his wife for any money
advanced, since a husband is supposed to
give, and
not to lend , his wife money, or other
valuables.
(3) The law affords the wife a right to commit torts
against
third parties--e.g. libels and slanders--
the husband alone being
responsible, and this rule
applies even although the wife is living apart
from
her husband, who is wholly without knowledge
of her misdeeds.
With the exception of murder,
a wife is held by the law to be guiltless
of practic-
ally any crime committed in the presence of her
husband.
(4) No man can obtain a legal separation
or divorce from his wife (save
under the Licensing
57
Act of
1902, a Police Court separation for habitual
drunkenness alone) without a
costly process in the
High Court. Every wife can obtain, if not
a
divorce, at least a legal separation, by going
whining to the nearest
police court, for a few
shillings, which her husband, of course, has to pay.
The latter, it is needless to say, is mulcted [fined]
in alimony at the "discretion of the
Court." This
"discretion" is very often of a queer character
for the
luckless husband. Thus, a working man
earning only twenty shillings a
week may easily
find himself in the position of having to pay from
seven
to ten shillings a week to a shrew out of
his wages.
In
cases where a wife proceeds to file a
petition for divorce, the way is once
more smoothed
for her by the law, at the husband's expense.
He has to
advance her money to enable her to
fight him. Should the case come on
for hearing
the husband finds the scale still more weighted
against him;
every slander of his wife is assumed
to be true until he has proved its
falsity, the
slightest act or a word during a moment of
irritation, even a
long time back, being twisted
into what is termed "legal cruelty," even
though
such has been provoked by a long course of ill
treatment and
neglect on the part of the wife.
The husband and his witnesses can be
indicted
for perjury for the slightest exaggeration or
58
inaccuracy in their statements, while the most
calculated falsity
in the evidence of the wife and
her witnesses is passed over. Not the
grossest
allegation on the part of the wife against the
husband, even
though proved in court to be false,
is sufficient ground for the husband to
refuse to
take her back again, or from preventing the court
from
confiscating his property if he resists doing
so. Knowledge of the
unfairness of the court
to the husband, as all lawyers are aware,
prevents
a large number of men from defending divorce
actions brought by
their wives. A point should
here be mentioned as regards the action of
a
husband for damages against the seducer of his
wife. Such damages
obviously belong to the
husband as compensation for his destroyed
home
life. Now these damages our modern judges in
their feminist
zeal have converted into a fund for
endowing the adulteress, depriving the
husband
of any compensation whatever for the wrong done
him. He may
not touch the income derived from
the money awarded him by the jury, which
is
handed over by the court to his divorced wife.
It would take us too
long to go through all the
privileges, direct and indirect, conferred by
statute
or created by the rulings of judges and the practice
of the
courts, in favour of the wife against the
husband. It is the more
unnecessary to go into
them here as they may be found in detail
with
59
illustrative cases in the aforesaid pamphlet in which
I
collaborated, entitled "The Legal Subjection
of Men" (mentioned in the
footnote to p. 55).
At this point it may be well to say a
word on
the one rule of the divorce law which Feminists
are perennially
trotting out as a proof of the
shocking injustice of the marriage law to
women:
that to obtain her divorce the woman has to prove
cruelty in
addition to adultery against her husband,
while in the case of the husband it
is sufficient
to prove adultery alone. Now to make of this
rule a
grievance for the woman is, I submit,
evidence of the destitution of the
Feminist case.
In default of any real injustice pressing on
the woman the
Feminist is constrained to make
as much capital as possible out of the
merest
semblance of a grievance he can lay his hand on.
The reasons for
this distinction which the law
draws between the husband and the wife, it
is
obvious enough, are perfectly well grounded. It
is based mainly
on the simple fact that while
a woman by her adultery may foist upon
her
husband a bastard which he will be compelled
by law to support as his
own child, in the
husband's case of having an illegitimate child the
wife
and her property are not affected. Now in
a society such as ours is,
based upon private
property-holding, it is only natural, I submit,
that
the law should take account of this fact. But
not
60
only is this rule of
law almost certainly doomed
to repeal in the near future, but in even the
present
day, while it still nominally exists, it is practically
a dead
letter in the divorce court, since any trivial
act of which the wife chooses
to complain is
strained by the court into evidence of cruelty in
the legal
and technical sense. As the matter stands,
the practical effect of the
rule is a much greater
injustice to the husband than to the wife, since
the
former often finds himself convicted of "cruelty"
which is virtually
nothing at all, in order that the
wife's petition may be granted, and which
is often
made the excuse by Feminist judges for depriving
the husband of
the custody of his children. Mis-
conduct on the wife's part, or
neglect of husband
and children, does not weigh with the court which
will
not on that ground grant relief to the husband
from his obligation for
maintenance, etc. On the
other hand, neglect of the wife by the
husband
is made a ground for judicial separation with the
usual
consequences--alimony, etc. "Thus," as it
has been put, "between the
upper and the nether
millstone, cruelty on the one hand, neglect on
the
other, the unhappy husband can be legally ground
to pieces, whether he
does anything or whether he
does nothing." Personal violence on the
part of
the husband is severely punished; on the part of
wife she will be
let off with impunity. Even
if she should in an extreme case be
imprisoned, the
61
husband, if a poor man, on her release will be
compelled to
take her back to live with him. The
case came under the notice of the
writer a few
years ago in which a humane magistrate was
constrained to let
off a woman who had nearly
murdered a husband on the condition of
her
graciously consenting to a separation, but she had
presumably still to
be supported by her victim.
The decision in the notorious
Jackson case
precluded the husband from compelling his wife
to obey an
order of the court for the restitution
of conjugal rights. The
persistent Feminist tendency
of all case-law is illustrated by a decision of
the
House of Lords in 1894 in reference to the law
of Scotland
constituting desertion for four years
a ground ipso facto for a
divorce with the right
of remarriage. Here divorce was refused to a
man
whose wife had left him for four years and taken
her child with
her. The Law Lords justified their
own interpretation of the law on the
ground that
the man did not really want her to come back.
But inasmuch as
this plea can be started in every
case where it cannot be proved that the
husband
had absolutely grovelled before his wife, imploring
her to return,
and possibly even then--since the
sincerity even of this grovelling might
conceivably
be called in question--it is clear that the
decision
practically rendered this old Scottish law inoperative
for the
husband.
62
As regards the offence of bigamy, for which
a
man commonly receives a heavy sentence of penal
servitude, I think I may
venture to state, without
risking contradiction, that no woman during
recent
years has been imprisoned for this offence. The
statute law,
while conferring distinct privileges
upon married women as to the control of
their
property, and for trading separately and apart from
their husbands,
renders them exempt from the
ordinary liabilities incurred by a male trader
as
regards proceedings under the Debtors Acts and
the Bankruptcy Law.
See Acts of 1822 (45 & 46
Vict. c. 75); 1893 (56 & 57 Vict. c.
63), and
cases Scott v. Morley, 57 L.J.R.Q.B. 43. L.R. 20
Q.B.D.
In re Hannah Lines exparte Lester C.A.
(1893), 2. 2. B.
113.
In the case of Lady Bateman v. Faber and
others
reported in Chancery Appeal Cases (1898 Law
Reports) the Master of
the Rolls (Sir N. Lindley)
is reported to have said: "The authorities
showed
that a married woman could not by hook or by
crook--even by her own
fraud--deprive herself
of restraint upon anticipation. He would say
nothing as to the policy of the law, but it had been
affirmed by the
Married Woman's Property Act"
(the Act of 1882 above referred to) "and
the
result was that a married woman could play fast
and loose to an extent
to which no other person
could." ( N.B. --Presumably a male
person.)
63
It has indeed been held, to
such a length does
the law extend its protection and privileges to
the
female, that even the concealment by a wife from
the husband at the
time of marriage that she was
then pregnant by another man was no ground
for
declaring the marriage null and void.
The above may
be taken as a fair all-round,
although by no means an exhaustive, statement
of
the present one-sided condition of the civil law
as regards the
relation of husband and wife. We
will now pass on to the consideration
of the
relative incidence of the criminal law on the two
sexes. We
will begin with the crime of murder.
The law of murder is still ostensibly
the same for
both sexes, but in effect the application of its
provisions
in the two cases is markedly different.
As, however, these differences lie,
as just stated,
not in the law itself but rather in its administration,
we
can only give in this place, where we are
dealing with the principles of law
rather than
with their application, a general formula of the
mode in which
the administration of the law of
murder proceeds, which, briefly stated, is
as follows:
The evidence even to secure conviction in the case
of a woman
must be many times stronger than
that which would suffice to hang a man.
Should a
conviction be obtained, the death penalty,
though
pronounced, is not given effect to, the female
prisoner being
almost invariably reprieved. In
64
most cases where there is conviction at all,
it is
for manslaughter and not for murder, when a
light or almost nominal
sentence is passed. Cases
confirming what is here said will be given
later
on. There is one point, however, to be observed
here, and that
is the crushing incidence of the law
of libel. This means that no case
of any woman,
however notoriously guilty on the evidence, can
be quoted,
after she has been acquitted by a
Feminist jury, as the law holds such to be
innocent
and provides them with "a remedy" in a libel
action. Now,
seeing that most women accused of
murder are acquitted irrespective of the
evidence,
it is clear that the writer is fatally handicapped
so far as
confirmation of his thesis by cases is
concerned.
Women
are to all intents and purposes allowed
to harass men, when they conceive
they have a
grievance, at their own sweet will, the magistrate
usually
telling their victim that he cannot interfere.
In the opposite case, that of
a man harassing a
woman, the latter has invariably to find sureties
for
his future good behaviour, or else go to gaol.
One of the
most infamous enactments indicative
of Feminist sex bias is the Criminal Law
Amend-
ment Act of 1886. The Act itself was led up to
with the usual
effect by an unscrupulous newspaper
agitation in the Feminist and Puritan
interest,
designed to create a panic in the public mind,
65
under the
influence of which legislation of this
description can generally be rushed
through Parlia-
ment. The reckless disregard of the
commonest
principles of justice and common-sense of this
abominable
statute may be seen in the shameless sex
privilege it accords the female in
the matter of
seduction. Under its provisions a boy of
fourteen
years can be prosecuted and sent to gaol for an
offence to which
he has been instigated by a girl just
under sixteen years, whom the law, of
course, on the
basis of the aforesaid sex privilege, holds guiltless.
The
outrageous infamy of this provision is especi-
ally apparent when we consider
the greater
precocity of the average girl as compared with
the average boy
of this age.
We come now to the latest piece of
Anti-man
legislation, the so-called White Slave Trade Act of
1912
(Criminal Law Amendment Act 1912, 2 & 3
Geo. V. c. 20). This
statute was, as usual,
rushed through the legislature on the wave
of
factitious public excitement organised for the
purpose, and backed up
by the usual faked state-
ments and exaggerated allegations, the
whole
matter being three parts bogus and deliberate
lying. The
alleged dangers of the unprotected
female were, for the object of the
agitation, pur-
posely exaggerated in the proverbial proportion of
the
mountain to the molehill. But as regards many
of those most eager in
promoting this piece of
66
Anti-man legislation, there were probably
special
psychological reasons to account for their attitude.
The special
features of the Bill, the Act in question,
are (1) increased powers given to
the police in
the matter of arrest on suspicion, and (2) the
flogging
clauses.
Up till now the flogging of garrotters
[stranglers]
was justified against opponents, by its upholders,
on the
ground of the peculiarly brutal nature of the
offence of highway robbery with
violence. It
should be noted that in the Act in question no
such
excuse can apply, for it is appointed to be
indicted for offences which,
whatever else they
may be, do not in their nature involve violence,
and
hence which cannot be described as brutal
in the ordinary sense of the
term. The Anti-man
nature of the whole measure, as of the
agitation
itself which preceded it, is conclusively evidenced
by the fact
that while it is well known that the
number of women gaining a living by
"procura-
tion" [pimping] is
much greater than the number of
men engaged therein, comparatively little
vituperation
was heard against the female delinquents in the
matter, and
certainly none of the vitriolic ferocity
that was poured out upon the men
alleged to
participate in the traffic. A corresponding distinc-
tion
was represented in the measure itself by t