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Chapter 40 Chapter 37 Marriage

General History of China 吕思勉 16546Words 2018-03-16
The "Xu Gua Zhuan" said: "There are heaven and earth, and then there are all things; there are all things, and then there are men and women; there are men and women, and then there are couples; there are couples, and then there are father and son; Inferred social origins.They thought that the society of Longgu, like the later generations, established a family based on a husband and a wife, and then connected with each other to form a larger organization.Such inferences are indeed consistent with our taste for inferring the ancient situation based on the system of later generations.Therefore, for thousands of years, it will be regarded as a non-published classic.However, whether this is the case is a big question.

Since the beginning of history, but only a few thousand years, the situation of society has changed a lot.If we obliterate history and speculate on the conditions of Zhou, Qin, Han, Wei, Tang, and Song based on the current situation, it must be a big joke for those who have studied history, not to mention the ancient times. It has been tens of thousands of years or hundreds of thousands of years?If you don't know the truth of ancient times, but speculate with your own will, the result will be that it has been from ancient times to the present, but this is the case. The phenomenon of origin and extinction will be regarded as a matter of course and cannot be changed.There will be many unnecessary disputes, needless conservatism, and the future of evolution will be hindered by it.Therefore, in recent decades, the discovery of prehistory is really a great academic progress.And its impact on social organizations is particularly great.

According to the research of modern sociologists: There are no restrictions on human beings between men and women.Afterwards, the society became more and more organized, and each generation was separated according to age.At this time, men and women who are of the same generation can be married, but not of different generations.To go further, it is to restrict between relatives.At first it was given to brothers and sisters of the same mother.Later, it was gradually expanded until brothers and sisters from the same maternal line were not allowed to marry, and they became the so-called clan (Sib).At this time, among different clans, men and women are still in groups. The men of one group can be the husbands of the daughters of the other group; the daughters of the other group can be the wives of the men of the same group; couple.Later, the prohibition became more and more complicated, and more and more people were not allowed to marry each other.So a man has a wife; a woman has a husband.However, apart from this, it is not forbidden to have relations with other men and women.And husband and wife do not have to live together; the relationship is still very loose.Going further, husband and wife must live together (monogamy, or polygamy), and the relationship will be more permanent, and gradually become a family for future generations.Therefore, human marriage started with no prohibitions at all, and gradually increased the prohibitions, that is, narrowed the scope of intermarriage, and became what it is today.It is a mistake to regard the monogamous family as the original relationship between men and women.

Those who advocate the monogamous family are the original form of relationship between men and women, but say: Humans evolved from apes, and apes already have families, let alone humans?However, it is said that apes and monkeys have families, and the observations are not correct (see the fourth section of the appendix "Modern Anthropology and Class Psychology" of Li Anzhai's translation of "Gender Sociology" for details. The Commercial Press version).That is to say, apes are also an offshoot of human ancestors, not their main line.According to biologists, there are two forms of animal settlements: like cats and tigers, male and female live together, limited to the time of breeding; young children grow up, that is, they are separated from their parents; they are family animals.Just like dogs and horses, their settlement not only breeds, but also protects each other; it can last for a long time, and the number can be large; it is a social animal.Human beings have no claws, teeth or horns for self-defense, and if they live together, they are limited to families. In the long ancient world, they will never be able to survive by themselves; and the language will not be developed.Therefore, although we don't know the condition of primitive humans, there is no doubt that they were communities rather than families.The evolution of apes is not as good as that of humans. According to the trend of the biological world, they are gradually on the road to decline. I am afraid that their instinct to live in groups is not as good as humans.On the other hand, it is arbitrarily prejudiced to say that the beginning of human beings must be the same as that of apes.What's more, human nature, such as jealousy and sexual shame, etc., are not inherent in nature (this can be seen by looking at children. Animals live in two sexes, only monogamy and polygamy. Humans are unique in polyandry, especially jealousy. evidence of innate nature); maternal love is not exclusive to all children, etc., there are many enough to prove that it is not a domestic animal.

The modern family is not so much derived from human nature as from the situation of life (the concept of morality and immorality is rooted in habit; habit is born in life).According to the research of sociologists: In the prehistoric period, the hunting class was extremely common.People who hunt and hunt all like to plunder, but at that time there were very few things to plunder, so women became the target of plunder.Later, in fear of retaliation, they often leave things behind after plundering in exchange.At this time, plunder has gradually become trade.Women are also one of the items of exchange.It is a disguised form for plundering, and it is also a distant source for selling and buying.The plundered women have a different status from the inherent women in the tribe.She is the slave of her plunderers, and must bear all the labor.This is not only enough to encourage men to engage in plundering, but also more and more prohibitions on marriage, the number of women in the tribe who can match is decreasing, and it also forces men to engage in external plundering.Therefore, the origin of the family is due to the slavery of women; and its needs are based on the economic reasons for the division of labor between the sexes.It has nothing to do with satisfying sexual desire.Primitive man has many opportunities to satisfy his sexual desires except for his own women.The hunting people gradually became livestock herders. They are fond of fighting and plundering, just like the hunting people (every animal husbandry people usually also do field hunting), and their strength is strengthened (because they have enough food and can Because of good nutrition and strong physique), the herds must be tended by people, and the labor is more serious, and the wind of plundering is also stronger.Only agriculture originated from collecting, and it was originally a woman's business.Women are also responsible for low-level agriculture.Later, it gradually developed and became a necessity for life.At this time, the sovereignty of the economy is in the hands of women.Tsuchida room houses and farm tools are all owned by women.Members of the tribe do not want women to marry; women have no way to marry; men who marry women have to live in the women's clan, and their status becomes an accessory.At this time, women have organizations, but men do not (or even if they exist, it is not important), so there are many public affairs in society, and the power is in the hands of women (such as participating in tribal meetings, electing chiefs, etc. At this time, women, It is also true that they are not engaged in affairs such as housework in later generations, but their nature is also public affairs, which are quite different from family affairs in later generations), which is actually the golden age of women.The so-called service marriage system appeared at this time.Because marriage cannot be done with bare hands, and men at this time are very poor, and apart from labor, there is really nothing that can be used as a dowry gift.Afterwards, agriculture became more important, and more men were engaged in it.As a result, men are dominant and women are secondary.So the sovereignty of the economy re-enters the hands of men.The standard of living is high, the wealth is gradually surplus, and the occupations are becoming more and more differentiated.Such as industry and commerce, etc., are also men's business.Individual private property is gradually flourishing, and those who have wealth have power. They are no longer willing to suffer for the women's clan, but use property to compensate the loss of their tribe, and marry a daughter.As a result, service marriages gradually turned into business marriages, and the status of women declined again.

All of the above are the assumptions of sociologists.Looking back at the ancient events in our country, it is no different. "Baihu Tongyi Sanhuang Pian" says that people in ancient times "know their mother but not their father".The era when human beings had no restrictions on sexual intercourse between men and women is long gone, and it is not easy to find evidence in books.As for the system of intergenerational marriage, it is very clear. "Book of Rites Da Zhuan" said the etiquette of the eldest son and the clan: "The same surname belongs to the clan and clan, and the different surname governs the Jihui. In famous books, men and women are different. If the husband belongs to the way of the father, the wife is also the way of the mother; Husbands belong to the way of sons, and wives belong to the way of women. If a younger brother’s wife is a wife, can he also be called a mother? The one who is famous is the one who ruled by others, can you be careless?” This is exactly the ancient marriage, but An excellent relic on the line of generation.The so-called same surname refers to people in the clan in the patriarchal era.In today's words, it is the old man, the master, and the young masters.Different surnames, Zheng's "Notes" said: "The ones who come to marry," are old ladies, wives, and young wives.Congzong is divided according to the branches of the blood line. For example, it is first divided into the eldest family, the second family, and the third family, and then each controls the family it belongs to. See the next chapter for self-explanation.The master's name, Zheng's "Notes" said: "The master is the name of the woman and the mother." It is said that they should be distinguished by their generations, not their branches.In essence, it is only divided into old lady, wife, and young wife, and no longer asks which one is the wife of a certain person and which one is the mother of a certain person. "Whoever calls a younger brother's wife a wife can be called a sister-in-law or a mother." Translated into the current words, it is: "If a younger brother-in-law is called a young wife and counted as a daughter-in-law for a generation, can the sister-in-law be called an old lady? Does it count as the mother’s generation?” Such a distinction can be called the difference between men and women. It can be seen that ancient marriages did have an era dedicated to generational lineage, and in the patriarchal clan of the Zhou Dynasty, its relics have not yet been completely wiped out.Hawaiians use the same address for father, uncle, and uncle.Although the Chinese have distinctions for uncles, there is no distinction between fathers and uncles, mothers and uncles, and mothers.Uncle is just the uncle, uncle and father Ji are just the third and fourth masters.By extension, the people of the previous generation are collectively referred to as father and brother, also known as elders.Lao Yu Kao is Zhuan Zhu ("Shuowen"), which was originally just a phrase, and Kao was called the dead father.The next generation is generally called children. "Gongyang" He "Note" said: "Between Song and Lu, the marriage is called brothers." (Xi Gong twenty-five years) It can be seen that parents, brothers, etc., were not special names at the beginning.Sociologists of capitalism say: It’s not that the barbarians don’t know the difference between father and uncle, but that they know and still use the same title for them.Little do they know that the language of savages has fewer general nouns than ours, but more individual nouns than us.Anyone who knows a little about exegesis knows it (for example, birds were called male and female in ancient times, and beasts were called male and female, but now they are collectively called male and female, which is one example).Knowing the difference between father, uncle, and uncle, we still use the same address. We really can't think of a reason for this.Those who suffer will say: the father does not need to know, but the mother can always know, why is the alphabet also a generic name?Little do they know that in the world of Great Harmony, "People don't only kiss their parents, and they don't only have sons and sons." Although there is only one biological mother, sociological mothers are very common in the previous generation.The kindness of parents is not in birth but in support. Biological mother really has nothing to do with it, so why bother to give it a special name?But where is the so-called system of husband and wife and family at the beginning? "Erya·Shiqin": Brother's wife, "the eldest wife refers to the young woman as the concubine, and the concubine refers to the elder wife as the concubine," which is the current sister-in-law.And if a woman marries the same husband, the husband is also called Si, and the offspring is Di.This is also a vestige of intergenerational marriage.

Society is organized to deal with circumstances.In the beginning, the difference between ages was actually greater than the difference between sexes (later influenced by culture, this difference gradually changed. "Shang Jun Shu Bing Shou Pian" said that the organization of the army is based on strong men , able-bodied women form an army, men and women, old and weak form an army, and the difference in age is still more important than the difference between sexes).So the beginning of the organization is based on age and seniority.And the prohibition of marriage also originated from this.Later, they were gradually distinguished according to blood.The prohibition is mostly between people who are close by blood.Those who violate these prohibitions are called "incest" in the common saying, and "beast behavior" in the old saying, also known as "beast behavior".The punishment is likely to be severe.As for expansion and expansion, people who are blood related to the mother or father are not allowed to marry, that is, the system of non-marriage with the same surname (the surname in ancient China is equivalent to the so-called clan in sociology now, see the next chapter).The reason for not marrying with the same surname was said in the past that "a man and a woman with the same surname will not be born in a foreign country" (said by Zheng Shuzhan in the 23rd year of Duke Xi of "Zuo Shi"). "Beauty is exhausted first, and disease is born with each other." (Same as Zheng Zichan said in the seventh year of Emperor Zhaogong) It is also said that the same surname has the same virtue, and different surnames have different virtues (said by Sikong Jizi in "Mandarin·Jinyu"). It seems that he knows the genetics and health. relationship.However (1) blood marriage is harmful to heredity, this is a common saying, and there is no scientific evidence. (2) The so-called same surname in the clan era does not match the distance of blood relationship. (3) Even if it is said that it is harmful to health, there is no such thing.However, these are all theories attached later, not any real reason.Practically speaking, the reason why this prohibition can last for a long time is probably because of the saying in "Book of Rites·Jiao Te Sacrifice" that "so it is far away and thick".Because of the gradual advancement of culture, the jealousy between people gradually develops, and there are more and more jealous things. Among the same clan, there must be fights due to color rivalry, so the prohibitions are gradually increased, and finally, it affects everyone. Forbidden.In ancient times, the communication with relatives was limited to people related by blood.Although marriages between different surnames began with plundering, they gradually turned into selling and buying, and then into betrothal marriage. There is no hostility between each other, and they can communicate with each other.Just look at the Spring and Autumn Period and the Warring States Period, so many people used marriage as a means of diplomacy, you can see that the word Fuyuan in "Jiao Special Sacrifice" is true.This is the reason for the non-marriage system of the same surname, so it is becoming more and more common and becoming more and more fixed.And after it has been generally fixed, the system itself has great authority, and there is no need for any reason.

Where does the feeling of jealousy come from?Didn't the previous article say that jealousy is not human nature?Although the jealousy between the sexes is not human nature, the ancients were often poor and materially deficient, forcing them to have industrial jealousy.Since the plundered woman is the property of the plunderer, it is natural to have to work hard to monitor her.Its monitoring is of course for economic reasons, but if other men set up or have sex with my slave, it is easy to take her away, so the desire to possess extends from things to people, and with me These women have sexual relations without the permission of their masters, or by giving some kind of benefits, thinking that the exchange is indispensable (such as leasing, lending, exchanging, etc. Yi Nei; in the twenty-eighth year of Emperor Zhaogong, Qi Sheng and Wu Zang were in the same room; now there are other places, and there is still the custom of renting wives; it is the relic of this system).Going further, the jealousy in the industry gradually turns into the jealousy between the sexes, and there are more and more jealousy.The taboo of endogamy had to be tightened and encrypted.Therefore, the rise of exogamy and the prohibition of endogamy are also causal to each other.

Predatory marriages originated in the hunting era, and there is indeed evidence in ancient Chinese books. "Book of Rites Yueling" and "Shu" quoted "Shiben" and said: Taihao began to make marriages with ribbons as a gift.Trust Zhu Taihao, although it may not be credible, but the Lipi is two buckskins, see "Gongyang" Zhuanggong 22nd Year He's "Note", this is indeed a hunter's thing.The reason why geese must be used in ancient weddings is probably the same.And when the wedding must be held, it should also have something to do with plunder.

China's agriculture started with women, and fishing was also a woman's business in ancient times. See Chapter 47 for details.Farmers and fishermen were all well-fed and settled. Hunting and hunting made relatively little contribution to society, and men had little economic power. Therefore, the system of service marriage also occurred at this time.The son-in-law is his relic. "Warring States · Qin Policy" said: Tai Gongwang is Qi's husband, and he will immediately become a son-in-law.In ancient times, such marriages were probably very common in the East. "Hanshu Geographical Records" said: Qi Xianggong is promiscuous, and his aunts and sisters do not marry. "So it was ordered in the country that the parents and daughters of the people are not allowed to marry, they are named Wu'er, and they are the main shrine of the family. Those who marry are not good for their families. The people still think it is customary." Letter, obviously.In fact, Qi Xianggong's aunts and sisters don't marry, because they are afraid that they will be affected by this custom? "Gongyang" In the second year of Duke Huan, there is a saying about the wife of the king of Chu (He "Note": concubine, sister).It can be seen that in the ethnic groups in the southeast, endogamy has been maintained for a long time. "Book of Rites Da Biography" said: "The fourth generation is the same, and the obedience is poor. The fifth generation is spared, and the same surname is killed. The sixth generation's relatives are exhausted, and their common surnames are different from the above (common surnames see the next chapter), but Qi Shan Yu Xia (Shan Tong Pao), is it possible to get married? They are related by surname but not different, and they are based on clan but different. It is reasonable to say that if the marriage is not connected for a hundred generations." However, the males belong to the same family and will never intermarry. Just be thoughtful.Since Yin and above, and after the sixth generation, marriage can be established.Yin is also a country in the east. "Hanshu Geographical Chronicles" also said that the customs of Yan State said: "The first prince Danbin raised warriors, did not love the beauties in the harem, and became popularized as vulgar. There is no difference between men and women, but they are proud of it. After a while, it stopped, but it has not changed." I don't know that Yandan's actions are influenced by customs, but I think that the customs originated from Yandan, and I have the same disease as Duke Xiang of Qi.However, the co-ownership of sex in Yan State lasted for a long time, which can be seen here.Yan is also a place by the sea.However, from the southeast to the northeast, where the soil is fertile, the water conservancy is abundant, and agriculture and fishery are prosperous, the endogamy and matrilineal clans have been maintained for a long time.The patrilineal clan should start from the hunting and herding people.This shows that all social systems are rooted in economic conditions.

Human beings can only pay attention to one side of their parents and relatives, which is helpless.Therefore, in the matriarchal clan, the father's relatives are not prohibited from marrying; in the paternal clan, the mother's relatives are also not prohibited;It seems to be the same in ancient China.Therefore, the husband's father and the mother's brother are called (uncle).Husband's mother and father's sister are called (aunt).It can be seen that the brother of the mother, the one who marries is the sister of the father (not real sisters, but sisters of the same clan).And I married a man from my father's clan, just as my mother married my father.In the ancient clans, there were sub-branches within the clans.Such as two tribes, A and B, each divided into one or two groups.The daughter of A1 must marry the man of B2, and the child belongs to A2.The daughter of A and Er must marry the man of B and give birth to a son.The same is true for the women in group B (this is the simplest example, but it can be more complicated in reality).In this way, grandparents and grandchildren are of the same clan, but father and son are not.It seems to be the same in ancient China.Therefore, the ritual of sacrifice: "The grandson can be the corpse of the king's father, but the son cannot be the corpse of the father." ("Book of Rites·Qu Li").The latter must eat from the ancestors, not from the father ("Book of Rites Zeng Ziwen"). Marriage of consanguineous relatives, which is prohibited by law, is not limited to the patrilineal line.For example, "Law of the Qing Dynasty": "Whoever marries his aunt, uncle and two aunts and sisters will have a staff of eighty and divorced." That is.However, such customs are deeply rooted, and the law has become a written document. In ancient times, the so-called same surnames were considered to be from the same ancestor (in patrilineal clans, they were men; in matriarchal clans, they were women).Whether they have the same surname or not has nothing to do with the distance of blood relationship.However, they believe that people with the same surname have the same virtue and cannot marry, while people with different surnames have different virtues and can marry. Although the reason is not clear, the method is still the same.The so-called same surnames in later generations do not come from the same source; and those who come from the same source do not need to have the same surname.For example, Wang Mang, who used Yao, Wei, Chen, Tian Jiehuang, and Queen Yu as his own surname, ordered the Wang family of Yuancheng not to marry the four surnames ("Han Shu·Mang Biography"), while Wang Mang and Sun Xian, Because of the different surnames, his daughter was passed on to be a reckless wife ("Han Shu Biography"), and this kind of relationship will be ignored by later generations.The so-called same surname and different surnames are just based on the similarities and differences in the patrilineal surnames. In theory, it can be said that there is no reason, and it is really at a loss.Because of the system of non-marriage with the same surname, there is no soul, only the body is left.In short, the so-called surnames of today are useless in every respect, and are nothing but old rubbish of social organization.See next chapter for self-explanatory. The betrothal gift in the wedding is the relic of selling and buying the marriage. The ancient ceremony is called "Nazheng". "Book of Rites Nei Ze" says: "If you hire a wife, you will be a concubine if you run away"; There are gifts, but only in form, and its meaning is no longer about benefits. The ancient wedding, which was passed down to later generations, is the "Shihun Li" in "Yili".There are six programs: (1) Nacai (the male family sends an envoy to the female family to propose marriage), (2) asking the name (after the female family promises marriage, which girl is the one who made the marriage proposal? Because when Nacai only stated Propose marriage to the clan of the female clan, without specifying which person), (3) Najib (after the female clan states which girl is the one who promises marriage, the male clan returns to the temple for divination. The divination results in auspiciousness, and then the Tell the female family), (4) accept the levy (also known as the accepted currency. The accepted ones are Xuanxuan Shubo and Lipi), (5) ask for a date (fixed auspicious day. The auspicious date is set by the male family, and the third is requested by the female family , the female family is not sure, and then tell it), (6) welcome (the groom kisses the female family. He enters with the goose, bows to the hall, and then pays homage to the geese. The father brings the bride out and befriends him. The groom brings the bride The bride goes out. The bride ascends the carriage, and the bridegroom personally guards it. After three turns of the wheel, the groom gets off the carriage and is replaced by the steward. The bridegroom returns first and waits at the door. When the bride’s carriage arrives, the groom bows in. For those who are welcome, the bridegroom will go to see his aunt after three months. Confucianism agrees with Mohism, see "Book of Rites Ai Gong Wen" and "Mozi Non-Confucian Chapter"), which are the six ceremonies.On the eve of welcoming each other, eat together in the prison, and eat together (the banquets of the ancients, pigs, cattle, sheep, etc., are all for each person. For husband and wife, two people share one portion, which is called the same prison. Break a ladle to make Two, use half of each, thinking of the wine vessel, it is a joint 卺. This means "combined body, same dignity"). Tomorrow, "Praise a wife is seen in uncles." After the completion of the ceremony, "uncles and aunts first descend from the west steps (Bin steps) and women descend from the 阼 steps." (East steps, as the master does. The ancients said that authenticity respects the right, so let the guests go to the west steps.) It means that the family affairs are passed on to the family. He means to become a guest himself.This ceremony is limited to suitable women, so it is called "decorating the generation", also known as "teaching the house".If uncle and aunt are not there, we will see you in the temple after March. "Book of Rites Zeng Ziwen" said: "The girl died after seeing the temple, and was buried in the girl's party to show that she was not married." Go, see "Ram" Cheng Gong nine years.He's "Notes" said: "Those who must be married for three months, one time is enough to break the faith." However, in ancient times, the wedding was not really established until three months after the marriage.If they separate within three months, according to the etiquette, it is only considered that the marriage has not been fully established, and it cannot be regarded as divorce.This also shows the looseness of the marriage system in the early days. The wedding mentioned in the Book of Rites is a custom in the heyday of the family system, so its conception is all for the family. "Book of Rites Internal Rules" said: "A child is very suitable for his wife, and his parents don't say it, just come out. A child is not suitable for his wife, and his parents say: It's a good thing for me, and the child performs the etiquette of a couple. so big. "Hunyi" said: "The ceremony of becoming a woman, Ming women are obedient, and it is said to be a substitute, so it is important to be responsible for women's obedience. Women who are obedient are obedient to their uncles and aunts, and in the room, and then they should be in the husband's way. It is a matter of making silk, linen and silk; it is stored by the judicial committee. It is the old woman who is well prepared and then internally reconciled, and internally reconciled and then the family can last for a long time, so the sage king attaches great importance to it." It can be seen that the marriage of wives is all for the family's plan. "Zeng Ziwen" said: "In a married woman's family, candles are kept burning for three nights, thinking about each other and parting." This is easy for us to understand.He also said: "If you take a wife's house, if you don't have fun for three days, you will miss your relatives." This meaning is not easy for us to understand.It turns out that modern people regard marriage as a personal matter and the happiness of the married, so it has a lot of joy in it.The ancients regarded marriage as a family event.When the son grows up and can marry a wife, the parents are on the verge of withering, so there is something sentimental about it. "Qu Li" said: "There is no congratulations in the evening ceremony, and the order of people is also the same." This is also the truth.This also shows the prosperity of familyism at that time, and the personal value was completely buried. In this era, women become slaves of the family, and slaves need to be faithful, so chastity is gradually valued. The word "chaste woman" can be found in "Book of Rites Four Systems of Mourning Clothes".In the Spring and Autumn Period, one of Lu Jun's daughters was married to the Song State, and she was called Song Boji.One night, when the state of Song was on fire, Bo Ji said: "Women who go out at night must wait for Fu Mu." No, he refused to go to court, so he was burned to death. "Spring and Autumn" special book, as a reward. (Thirty years of Duke Xiang in Gongyang).In addition, there are many Confucian sayings about rewarding chastity, as you can see from Liu Xiang.Liu Xiang is the author of Lu poetry, many of which are Confucian poems handed down.Qin Shihuang's stone inscription in Kuaiji said: "decorate the province to declare righteousness, marry with a son, and die twice as unchaste. Prevent the inside and outside, prohibit prostitution and loss, and men and women are pure and honest. Husbands are for the sake of wealth, killing is innocent, and men are righteous. Wife In order to escape from marriage, the son will not have a mother, and the integrity will be salted." According to "Guanzi Baguan Chapter": "There is no closeness in the house, and the communication between the outside and the inside, there is no difference between men and women." Wells; field gardens are connected, trees are luxuriant; palace walls are destroyed, doors are not closed, and internal and external communication; then the difference between men and women is not self-righteous." , men and women are eager to meet, so they are vulgar).This is what Qin Shihuang called defense against the inside and outside.It is to extend the system of the scholar-official family, "the deep palace has a solid gate, and the temple is guarded, men are not allowed in, and women are not out" (see "Book of Rites Internal Rules") to the people.There may not be any prohibition on remarrying, but declaring that it is a double death to show shame is the same as rewarding chastity.Jixi lived in a woman's house because of adultery, and he was not guilty of killing; if the wife escaped from marriage, the son would not have a mother; the punishment was extremely severe.The government of a state organized by the oppressing class naturally always serves the purpose of the oppressing class. Even so, Rome was not Rome in a day, and the loose marriage system in ancient times could not be made very strict in a short period of time.Therefore, the marriage shown in ancient books is much more free than later generations. "Zuo Shi" records that in the first year of Zhaogong, Zheng Guoxu's younger sister, Mei, was hired by Zinanye, and Zibai wanted to hire her by force.Zi Xi is a strong patriarch, the law of the country can't help him.Xu Wu's crime is to ask the maid to choose by herself, so as to make a decision.Although this has ulterior motives, it can also be seen that in ancient marriages, men and women can choose by themselves.However, "Men do not ask for kisses, and women do not promise to kiss" (see "Gongyang" Xi Gong fourteen years), there must be a matchmaker; "Li"), just to prove it.The dissolution of the marriage contract is also quite easy.The above-mentioned three-month marriage system, after three months of marriage, if the two parties feel that they disagree, they can still cancel it at will. Today, no matter which country there is, there is no such freedom.As for those who have not yet lived together, it is naturally easier. "Book of Rites Zeng Ziwen" said: "Hunli: Since the money is paid, there is an auspicious day, and the daughter's parents die, what should I do? Confucius said: The son-in-law makes people hang. If the son-in-law's parents die, the daughter's family will also die." The man is hanged. The son-in-law has been buried, and the son-in-law's uncle is deadly. The daughter-in-law said: "A certain son's parents are mourned, and he will not be able to become a brother, so that he will be killed. The daughter-in-law promises, but if he dares to marry, it is also a courtesy. The son-in-law will not be mourned, and the daughter's will be killed." If the parents invite someone to invite, the son-in-law should not take it and marry him. This is the etiquette. When a daughter’s parents die, the son-in-law will do the same.” It is unreasonable for one party to wait for three years and the other party to terminate the contract at will.The pedantic Confucianism has all kinds of sayings.In fact, this is just an oversight in the text of the Book of Rites.Confucius said these words because one party was mourned and the other party had no intention of rescinding the contract.If he wants to terminate the contract, there is naturally no limit.This is a matter of course, and it may be a common practice in those days, and there is no need to discuss it, so Confucius can't reach it.The reporter rashly wrote the six characters "If you don't dare to marry, it's a gift", as if you had to wait, which caused misunderstandings in future generations.The conditions for divorce include the so-called seven releases, also known as the seven abandonments (1. childlessness, 2. adultery, 3. neglect of uncles and aunts, 4. tongue-in-cheek, 5. theft, 6. jealousy, 7. severe illness).There are also the so-called three don't go (1, don't go after three years of mourning, 2, don't go after the cheap, and 3, don't go back to what you have received).Juxtaposed with the five non-marriages (1. Bereaved wife and eldest daughter, 2. There are serious diseases in the world, 3. There are criminals in the world, 4. Daughters from disorderly families, 5. Daughters from rebellious families), found in "The Book of Rites: Benming Chapter", And "Gongyang" Zhuang Gong twenty-seven years He "Notes", all from the man's point of view.This is the custom of Confucianism, which considers righteousness as a matter of course, and may not be closely related to the legal customs at that time.Naturally, there are various conditions for a woman to ask to go, which is recognized by the law and custom, but it is not passed on to the future.Seeing that there are still many women in the Han Dynasty who seek to leave (such as Zhu Maichen's wife, etc.), you know that the ancients did not pay much attention to divorce at first.It is especially constant when the husband dies and remarries.This is after the Song Dynasty, when Confucianism prevailed, and the families of scholar-officials paid more attention to fame and festivals. Women in the upper class rarely remarried, which was not the case in the previous generation. "Book of Rites · Suburb Special Sacrifice" says: "If you live with it, you will never change it for life. If your old husband dies, you will not marry."However, once you stay with it, you will never change it for life, but it means that you can't take your wife as a concubine, not that you don't want to marry after death. "Baihu Tongyi·Marriage and Marriage" quotes "Jiao Special Animals", there is no five words "the old husband will not marry after death", and Zheng's "Notes" is also not as good as this meaning. It can be seen that these five words were added by later generations.Zheng's "Notes" also said: "Qi may be for Jiao," and this word was also changed by later generations.However, Zheng's book is still based on Qi characters, that is, what he saw was changed to Jiao characters, and the five characters "old husband will not marry after death" have not yet been inserted.This shows the gradual tampering of ancient books. The more men's rights are stretched in later generations, the more they oppress women.This can be seen in his emphasis on chastity when he was a woman, and his contempt for remarried women.A woman's chastity is actually an obligation to her husband.In terms of contract, it is true that it is only valid for the duration of the marriage after the establishment of the marriage, but in terms of fact, it only needs to be so.Therefore, the customs of barbaric societies are all like this, but the so-called civilized society has requirements beyond this limit.There is nothing else, but the demands of the oppressive class, and it goes one step further.Women's divorce is more difficult in later generations than in ancient times, because in ancient times, property meant more to be shared by the family. Of course, members of the family all enjoyed it.Therefore, apart from the so-called those who have received but have nothing to return to, divorced women are not afraid of being poor and having nothing to return to.The property of the later generations is gradually regarded as personal property, and most of the married daughters are unwilling to support them; and the world despises remarried women, and few are willing to marry; the situation of abandoned women is even more pitiful.There is no legal protection for women.For example, "Law of the Qing Dynasty": "Whoever has a wife who doesn't want to come out and shows no sign of righteousness will have a staff of eighty. Although there are seven crimes, there are three who don't go out and come out, the second class will be deducted, and the reunion will be returned." It seems that It is a special protection provision for homeless women.However, after the chase and reunion, how to try to protect it from being abused by my husband and his family members is absolutely impossible.He also said: "If the husband and wife are not in harmony, those who are willing to leave will not sit down." If they are not in harmony, they can divorce, which seems to be extremely free.However, most of the husbands who abuse their wives exploit their wives' labor for self-interest, how can they get their wish to leave?Divorce must be conditional on mutual consent, so that the abused will never be able to escape from the sea of ​​suffering.As for the crime of fleeing from the husband, it is "one hundred sticks, married and sold by the husband".How can an abused woman be self-sufficient?To put it bluntly: the current so-called couple system has no value in maintaining it.However, evolution cannot be achieved overnight, that is, the system cannot be changed overnight.Based on the current legislative theory, it should be established in principle: 1. Any lawsuit brought by the wife shall be allowed without exception.2. For those who have children, the upbringing shall go to the mother, and the expenses shall be borne by the father.3. Part of the husband's property shall be deemed his wife's right, and shall be given to his wife after divorce.4. It doesn't matter if the husband and wife have different wealth.For those who have the same wealth, the dowry should be regarded as the wife's private property, and it should be returned to the wife when divorced; those who use it in the distribution business should compensate.This is certainly not a fundamental solution, but it is the only way to do it in legislation today.Today, the same is true of legislation. The rituals recorded in ancient books are probably the customs and customs of the patrilineal family era.The social organization of later generations has not changed so far, so it is taken for granted.And because such sayings are regarded as a matter of course, they also help to maintain this system.Things in the world are always caused by each other.However, the facts in ancient books are enough to show that there were many systems before the formation of familism, so we must pay attention to this. "Book of Rites · Li Yun": "If you are a man and a woman, you will be awarded a title, and you must be virtuous."The combination of men and women is the policy of unity and independence in "Zhou Guan" and "Guan Zi · Entering the Country". "Zhou Guan" Media: "All men and women who have become famous or above are written in the year, month, day and name. Let men marry at thirty, and women marry at twenty. In the mid-spring moon, men and women will be married. So it is time, and those who run can't help (It is said that the ceremony of betrothal marriage is not prepared, see below.) Men and women who have no husband and family will meet." He alone is one of the policies of nine benefits.Its text says: "Take the widows and widows and reconcile them, and make them a family with the fields and houses, and then do things after three years."This is generally the case at the beginning of the cover.After the family developed, the tribe ignored the usual marriage, and only interfered with those who violated the law, and relieved those who could not marry.When the marriage of men and women is presided over by the tribe, the age of marriage and the season of marriage in each year are fixed.Marriage Year: According to Confucianism, men marry when they are thirty and women marry when they are twenty. This is true of "Book of Rites·Qu Li", "Nei Ze" and other chapters. 《大戴礼记·本命篇》说,这是中古之礼。太古五十而室,三十而嫁。 《墨子》(《节用》)、《韩非子》(《外储说右下》),则说男二十而娶,女十五而嫁。结婚的年龄,当然不能斠若画一。王肃说:男十六而精通,女十四而能化,自此以往,便可结婚;所谓三十、二十等,乃系为之极限,使不可过。又所谓男三十,女二十,不过大致如此,并非必以三十之男,配二十之女。其说自通(见《诗·摽有梅疏》)。 《大戴礼》说:三十而室,二十而嫁,天子庶人同礼。 《左氏》说:天子十五而生子;三十而室,乃庶人之礼(《五经异义》)。贵族生计,较庶人为宽裕,结婚年龄,可以提早,说亦可通。至《墨子》、《韩非子》之说,则系求蕃育人民之意,古代此等政令甚多,亦不足怪。所可怪者,人类生理,今古相同,婚配的要求,少壮之时,最为急切,太古时何以能迟至五十、三十?按罗维(Robert H. Lowie)所著的《初民社会》(吕叔湘译,商务印书馆本),说巴西的波洛洛人(Bororo)男女性交和结婚,并非一事。当其少年时,男女之间,早已发生性的关系,然常是过着浪漫的生活,并不专于一人。倒是年事较长,性欲较淡,彼此皆欲安居时,才择定配偶,相与同居。按人类的性质,本是多婚的。男女同居,乃为两性间的分工互助,实与性欲无甚关系。巴洛洛人的制度,实在是较为合理的。社会制度,往往早期的较后期的为合理(这是因已往的文化,多有病态,时期愈晚,病态愈深之故)。中国太古之世,婚年较晚的理由,也可以借鉴而明了。人类性欲的开始,实在二七、二八之年。自此以往,更阅数年,遂臻极盛(此系中国古说,见《素问·上古天真论》。《大戴礼记》、《韩诗外传》、《孔子家语》等说皆同),根于生理的欲念,宜宣泄不宜抑压。抑压之,往往为精神病的根源。然后世将经济上的自立,责之于既结婚的夫妇,则非十余龄的男女所及;又教养子女之责,专由父母任之,亦非十余龄的男女所能,遂不得不将结婚的年龄展缓。在近代,并有因生计艰难,而抱独身主义的。性欲受抑压而横溢,个人及社会两方面,均易招致不幸的结果。这亦是社会制度与人性不能调和的一端。倘使将经济及儿童教养的问题,和两性问题分开,就不至有此患了。所以目前的办法在以节育及儿童公育,以救济迟婚及独身问题。结婚的季节,《春秋繁露》说:“霜降逆女,冰泮杀止。”(《循天之道篇》)《荀子》同(《大略篇》)。王肃说:自九月至正月(见《诗·绸缪疏》)。其说良是。古人冬则居邑,春则居野(参看第四十二、第五十章)。结婚的月份,实在是和其聚居的时期相应的。仲春则婚时已过,至此而犹不克婚,则其贫不能备礼可知,所以奔者不禁了。 多妻之源,起于男子的淫侈。生物界的事实,两性的数目,常大略相等。婚姻而无禁例,或虽有禁例而不严密则已,若既限定对于法定的配偶以外,不许发生性的关系,而又有若干人欲多占异性为己有,则有多占的人,即有无偶的人。所以古今中外,有夫妇之制的社会,必皆以一夫一妻为原则。但亦总有若干例外。古代贵族,妻以外发生性的关系的人有两种:一种是妻家带来的,谓之媵。一种是自己家里所固有的,谓之妾(后世媵之实消灭,故其名称亦消灭,但以妾为配偶以外发生性的关系之人之总称)。媵之义为送,即妻家送女的人(并限于女子,如伊尹为有莘氏媵臣是),与婿家跟着新郎去迎接新娘的御相同。媵御的原始,实犹今日结婚时之男女傧相,本无可发生性的关系的理由。后来有特权的男子,不止娶于一家,正妻以外的旁妻,无以名之,亦名之曰媵,媵遂有正妻以外之配偶之义。古代的婚姻,最致谨于辈行,而此规则,亦为有特权者所破坏。娶一妻者,不但兼及其娣,而且兼及其姪,于是有诸侯一娶九女之制。取一国则二国往媵,各以侄娣从。一娶九女之制,据《白虎通义·嫁娶篇》说,天子与诸侯同。亦有以为天子娶十二女的,如《春秋繁露·爵国篇》是。此恐系以天子与诸侯同礼为不安而改之。其实在古代,天子诸侯,在实际上,未必有多大的区别。《礼记·昏义》末节说:天子有一后,三夫人,九嫔,二十七世妇,八十一御妻。按《昏义》为《仪礼·士昏礼》之传,传文皆以释经,独《昏义》此节,与经无涉,文亦不类传体,其说在他处又无所见,而适与王莽立后,备和、嫔、美、御,和人三,嫔人九,美人二十七,御人八十一之制相合(见《汉书·莽传》),其为后人窜入,自无可疑。《冠义》说:“无大夫冠礼而有其昏礼?古者五十而后爵,何大夫冠礼之有?”五十而后娶,其为再娶可知。诸侯以一娶九女之故,不得再娶(《公羊》庄公十九年)。大夫若亦有媵,安得再娶?管氏有三归,孔子讥其不俭(《论语·八佾》:包咸云:三归,娶三姓女),即系讥其僭人君之礼。所以除人君以外,是决无媵的。至于妾,则为家中的女子,得与家主相接之义。家族主义发达的时代,门以内的事情,国法本不甚干涉。家主在家庭中的地位,亦无人可以制裁他。家中苟有女奴,家主要破坏她的贞操,自无从加以制裁。所以有妾与否,是个事实问题,在法律上,或者并无制限。然古代依身份而立别的习惯,是非常之多的,或有制限,亦未可知。后世等级渐平,依身份而立区别的习惯,大半消除,娶妾遂成为男子普遍的权利了。虽然如此,法律上仍有依身份之贵贱,而定妾之有无多寡的。如《唐书·百官志》:亲王有孺人二人,媵十人;二品媵八人;国公及三品媵六人;四品媵四人;五品媵三人。《明律》:民年四十以上无子者,方听娶妾,违者笞四十。但此等法律,多成具文,而在事实上,则多妻之权利,为富者所享受。适庶之别,古代颇严。因为古代等级,本来严峻,妻和妾一出于贵族,一出于贱族,其在社会上的身份,本相悬殊之故。后世等级既平,妻妾之身份,本来的相差,不如前代之甚,所以事实上贵贱之相差亦较微。仅在法律上、风俗上,因要维持家庭间的秩序,不得不略存区别而已。 《颜氏家训》说:“江左不讳庶孽,丧室之后,多以妾媵终家事。河北鄙于侧室,不预人流,是以必须重娶,至于三四。”这是江左犹沿古代有媵不再娶的旧风,河北就荡然了。但以妾媵终家事,必本有妾媵而后能然。如其无之,自不能不再娶。再娶自不能视之为妾。《唐书·儒学传》说:“郑余庆庙有二妣,疑于袝祭,请于有司。博士韦公肃议曰:古诸侯一娶九女,故庙无二适。自秦以来有再娶,前娶后继皆适也,两袝无嫌。”自秦以来有再娶,即因封建破坏,无复一娶九女及三归等制度之故。韦公肃之议,为前娶后继,皆为适室礼文上的明据。但从礼意上说,同时不能有二嫡的,所以世俗所谓兼祧双娶,为法律所不许(大理院解释,以后娶者为妾)。 人类的性质,本来是多婚的(男女皆然),虽由社会的势力,加以压迫,终不能改变其本性。所以压迫之力一弛,本性随即呈露。在现社会制度之下,最普遍而易见的,是为通奸与卖淫。通奸,因其为秘密之事,无从统计其多少。然就现社会和历史记载上观察,实可信其极为普遍。卖淫亦然。社会学家说:“凡是法律和习惯限制男女性交之处,即有卖淫之事,随之出现。”史家推原卖淫之始,多以为起于宗教卖淫。王书奴著《中国倡伎会》(生活书店本),亦力主此说。然原始宗教界中淫乱的现象,实未可称为卖淫。因为男女的交际,其初本极自由。后来强横的男子,虽把一部分女子占为己有,然只限于平时。至于众人集会之时,则仍须回复其故态。所以各个民族,往往大集会之时,即为男女混杂之际。如郑国之俗,三月上巳之日,于溱、洧两水之上,招魂续魄,拂除不祥,士女往观而相谑(《韩诗》说,据陈乔枞《三家诗遗说考》)。《史记·滑稽列传》载淳于髡说:“州闾之会,男女杂坐。行酒稽留,六博投壶,相引为曹。握手无罚,目眙不禁。前有堕珥,后有遗簪。”“日暮酒阑,合尊促坐。男女同席,履舄交错,杯盘狼籍。堂上烛灭,主人留髡而送客。罗襦襟解,微闻芗泽。”又如前文所引的燕国“嫁娶之夕,男女无别”都是。宗教上的寺院等,也是大众集会之地;而且是圣地;其地的习惯,是不易破坏的。《汉书·礼乐志》说:汉武帝立乐府,“采诗夜诵”。颜师古《注》说:“其言辞或秘,不可宣露,故于夜中歌诵。”按《后汉书·高句骊传》说:其俗淫。暮夜辄男女群聚为倡乐。高句骊是好祠鬼神的,而乐府之立,亦和祭礼有关。然则采诗夜诵,怕不仅因其言辞或秘罢?男女混杂之事,后世所谓邪教中,亦恒有之,正和邪有何标准?不过古代之俗,渐与后世不合,则被目为邪而已。然则宗教中初期的淫乱,实不可谓之卖淫。不过限制男女交际的自由,往往与私有财产制度,伴随而起。既有私有财产,自有所谓卖买;既有所谓卖买,淫亦自可为卖买的标的。在此情形之下,本非卖买之事,变为卖买的多了,亦不仅淫之一端。 卖淫的根源,旧说以为起于齐之女闾。其事见于《战国策》的《东周策》。《东周策》载一个辩士的话道:“国必有诽誉。忠臣令诽在己,誉在上。齐桓公宫中七市,女闾七百,国人非之,管仲故为三归之家,以掩桓公非,自伤于民也。”则市与女闾,确为淫乐之地。《商君书·垦令篇》说:“令军市无有女子”;又说:“轻隋之民,不游军市,则农民不淫”,亦市为淫乐之地之一证。女闾则他处无文。按《太平御览》引《吴越春秋》说:“勾践输有过寡妇于山上,使士之忧思者游之,以娱其意”(今本无),亦即女闾之类。女闾,盖后世所谓女户者所聚居。女户以女为户主,可见其家中是没有壮男的。《周官》内宰:“凡建国,佐后立市”;《左传》昭公二十年,晏婴说:“内宠之妾,肆夺于市”,则古代的市,本由女子管理。所以到后来,聚居市中的女子还很多。市和女闾,都不过因其为女子聚居之所,遂成为纵淫之地罢了。其初,也未必是卖淫的。 卖淫的又一来源,是为女乐。女乐是贵族家里的婢妾,擅长歌舞等事的,令其“执技以事上”。婢妾的贞操,本来是没有保障的,自不因其为音乐队员而有异。封建制度破坏,贵族的特权,为平民所僭者甚多,自将流布于民间。《史记·货殖列传》说:赵国的女子,“鼓鸣瑟,跕屣(现在的拖鞋,在古时为舞屣),游媚贵富,入后宫,遍诸侯。”“郑、卫俗与赵相类。”又说:“今夫赵女郑姬,设形容,揳鸣琴,揄长袂,蹑利屣,目挑心招,出不远千里,不择老少者,奔富厚也。”即其事。倡伎本来是对有技艺的人的称谓,并非专指女子。所以女子有此等技艺的,还特称为女伎。然其实是性的诱惑的成分多,欣赏其技艺的成分少。于是倡伎转变为女子卖淫者的称谓,其字也改从女旁了(即娼妓。男子之有技艺者,不复称倡伎)。为倡伎之女子,本系婢妾之流,故自古即可卖买。《战国·韩策》说:“韩卖美人,秦买之三千金”其证。后世当娼妓的,也都是经济上落伍的人,自然始终是可以买卖的了。资本的势力愈盛,遂并有买得女子,使操淫业以谋利的。古代的女伎,系婢妾所为,后世政治上还沿袭其遗制,是为乐户。系以罪人家属没入者为之。唐时,其籍属于太常。其额设的乐员,属于教坊司。此系国家的女乐队员,但因其本为贱族,贞操亦无保障,官员等皆可使之执技荐寝以自娱,是为官妓。军营中有时亦有随营的女子,则谓之营妓。民间女子卖淫的,谓之私娼。在本地的称土娼,在异乡的称流娼。清世祖顺治十六年,停止教坊女乐,改用内监。世宗雍正七年,改教坊司为和声署。是时各地方的乐户,亦皆除籍为民。于是在法律上除去一种贱族,亦无所谓官妓。但私娼在当时则是无从禁止的。律例虽有“举贡生员,宿娼者斥革”的条文,亦不过为管束举、贡、生员起见而已,并非禁娼。 古代掠夺婚姻的习惯,仍有存于后世的。赵翼《陔余丛考》说:“村俗有以婚姻议财不谐,而纠众劫女成婚者,谓之抢亲。《北史·高昂传》:昂兄乾,求博陵崔圣念女为婚,崔不许。昂与兄往劫之。置女村外,谓兄曰:何不行礼?于是野合而归。是劫婚之事,古亦有之。然今俗劫婚,皆已经许字者,昂所劫则未字,固不同也。”按《清律》:“凡豪势之人,强夺良家妻女,奸占为妻妾者绞。配与子孙、弟侄、家人者,罪亦如之。”此指无婚姻契约而强抢的。又说:“应为婚者,虽已纳聘财,期未至,而男家强娶者,笞五十。”(指主婚人)“女家悔盟,男家不告官司强抢者,照强娶律减二等。”此即赵氏所谓已经许字之女,照法律亦有罪,但为习俗所囿,法律多不能实行。又有男女两家,因不能负担结婚时的费用,私相协议,令男家以强抢的形式出之的。则其表面为武力的,内容实为经济的了。抢孀等事,亦自古即有。《潜夫论·断讼篇》云:“贞洁寡妇,遭直不仁世叔、无义兄弟,或利其聘币,或贪其财贿,或私其儿子,则迫胁遣送,有自缢房中,饮药车上,绝命丧躯,孤捐童孩者。”又有“后夫多设人客,威力胁载者”。这其中,亦含有武力的经济的两种成分。 卖买婚姻,则无其名而有其实。《断讼篇》又说:“诸女一许数家,虽生十子,更百赦,勿令得蒙一,还私家,则此奸绝矣。不则髡其夫妻,徙千里外剧县,乃可以毒其心而绝其后。”《抱朴子·弭讼篇》,述其姑子刘士由之论说:“末世举不修义,许而弗与。讼阋秽缛,烦塞官曹。今可使诸争婚者,未及同牢,皆听义绝,而倍还酒礼,归其币帛。其尝已再离,一倍裨聘(裨即现在赔偿的赔字)。其三绝者,再倍裨聘。如此,离者不生讼心,贪者无利重受。”葛洪又申说自己的意见道:“责裨聘倍,贫者所惮,丰于财者,则适其愿矣。后所许者,或能富殖,助其裨聘,必所甘心。然则先家拱默,不得有言,原情论之,能无怨叹乎?”葛洪之意,要令“女氏受聘,礼无丰约(谓不论聘财多少),皆以即日报版。又使时人署姓名于别版,必十人以上,以备远行及死亡。又令女之父兄若伯叔,答婿家书,必手书一纸。若有变悔而证据明者,女氏父母兄弟,皆加刑罚罪”。可见汉晋之世卖买婚姻之盛。后世契约效力较强,此等事无人敢做,但嫁女计较聘礼,娶妻觊觎妆奁,其内容还是一样的,此非经济制度改变,无法可以改良了。 后世的婚姻,多全由父母做主,本人概不与闻,甚至有指腹为婚等恶习(见《南史·韦放传》。按《清律》,指腹为婚有禁),这诚然是很坏的。然论者遂以夫妇之道苦,概归咎于婚姻的不自由,则亦未必其然。人之性,本是多婚的,男女皆然,所以爱情很难持之永久。即使结婚之时,纯出两情爱慕,绝无别种作用,搀杂其间,尚难保其永久,何况现在的婚姻,有别种作用搀杂的,且居多数呢?欲救夫妇道苦之弊,与其审慎于结婚之时,不如宽大于离婚之际,因为爱情本有变动,结婚时无论如何审慎,也控制不住后来的变化的。习俗所以重视离婚,法律也尽力禁阻,不过是要维持家庭。然家庭制度,实不是怎么值得维持的东西,参看下章可明。 统观两性关系,自氏族时代以后,即已渐失其正常。其理由:因女子在产育上,所负的责任,较男子为多。因而其斗争的力量,较男子为弱。不论在人类凭恃武力相斗争,或凭恃财力相斗争的时代,女子均渐沦于被保护的地位,失其独立,而附属于男子。社会的组织,宜于宽平坦荡,个个人与总体直接。若多设等级,使这一部分人,隶属于那一部分人,那不公平的制度就要逐渐发生,积久而其弊愈深了。近代女权的渐渐伸张,实因工业革命以来,女子渐加入社会的机构,非如昔日蛰居家庭之中,专做辅助男子的事情之故。女子在产育上多尽了责任,男子就该在别一方面多尽些义务,这是公道。乘此机会压迫女子,多占权利,是很不正当的。而欲实行公道,则必自铲除等级始。所以有人说:社群制度是女子之友,家庭制度是女子之敌。然则“女子回到家庭去”这口号,当然只有开倒车的人,才会去高呼了。人家都说现在的女学生坏了,不如从前旧式的女子,因其对于家政生疏了,且不耐烦。殊不知这正是现代女子进步之征兆。因为对于家政生疏,对于参与社会的工作,却熟练了。这正是小的、自私的、自利的组织,将逐渐破坏;大的、公平的、博爱的制度,将逐渐形成的征兆。贤母良妻,只是贤奴良隶。此等教育,亦只好落伍的国家去提倡。我们该教一切男女以天下为公的志愿,广大无边的组织。
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