Page:The Origin of the Family, Private Property and the State.djvu/102

96 of geographical discoveries, for the conquest of the world by international trade and manufacture. One would think that this mode of making the marriage contract would have been extremely acceptable to capitalism, and it was. And yet—the irony of fate is inexplicable—capitalist production had to make the decisive breach through this mode. By changing all things into commodities, it dissolved all inherited and traditional relations and replaced time hallowed custom and historical right by purchase and sale, by the "free contract." And the English jurist, H. S. Maine, thought he had made a stupendous discovery by saying that our whole progress over former epochs consisted in arriving from status to contract, from inherited to voluntarily contracted conditions. So far as this is correct, it had already been mentioned in the Communist Manifesto.

But in order to make contracts, people must have full freedom over their persons, actions and possessions. They must furthermore be on terms of mutual equality. The creation of these "free" and "equal" people was precisely one of the main functions of capitalistic production. What though this was done at first in a half-conscious way and, moreover, in a religious disguise? Since the Lutheran and Calvinist reformation the thesis was accepted that a human being is fully responsible for his actions only then, when these actions were due to full freedom of will. And it was held to be a moral duty to resist any compulsion for an immoral action. How did this agree with the prevailing practice of match-making? Marriage according to bourgeois conception was a contract, a legal business affair, and the most important one at that, because it decided the weal and woe of body and spirit of two beings for life. At that time the agreement was formally voluntary: without the consent of the contracting parties nothing could be