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 § 4

And after these preliminaries we must proceed to ask, first, what will be the Utopian marriage law, and then what sort of customs and opinions are likely to be superadded to that law?

The trend of our reasoning has brought us to the conclusion that the Utopian State will feel justified in intervening between men and women on two accounts, first on account of paternity, and secondly on account of the clash of freedoms that may otherwise arise. The Utopian State will effectually interfere with and prescribe conditions for all sorts of contract, and for this sort of contract in particular it will be in agreement with almost every earthly State, in defining in the completest fashion what things a man or woman may be bound to do, and what they cannot be bound to do. From the point of view of a statesman, marriage is the union of a man and woman in a manner so intimate as to involve the probability of offspring, and it is of primary importance to the State, first in order to secure good births, and secondly good home conditions, that these unions should not be free nor promiscuous nor practically universal throughout the adult population.

Prolific marriage must be a profitable privilege. It must occur only under certain obvious conditions: the contracting parties must be in health and condition, free from specific transmissible taints, above a certain minimum age, and sufficiently intelligent and energetic to have acquired a minimum education.