# The Unexpurgated Case Against Woman Suffrage/Mental Outlook and Programme of the Female Legislative Reformer

IV
MENTAL OUTLOOK AND PROGRAMME OF THE FEMALE LEGISLATIVE REFORMER
The suffragist woman, when she is the kind of woman who piques herself upon her ethical impulses, will, even when she is intellectually very poorly equipped, and there is no imprint of altruism upon her life, assure you that nothing except the moral influence of woman, exerted through the legislation, which her practical mind would be capable of initiating, will ever avail to abate existing social evils, and to effect the moral redemption of the world.
It will not be amiss first to try to introduce a little clearness and order into our ideas upon those formidably difficult problems which the female legislative reformer desires to attack, and then to consider how a rational reforming mind would go to work in the matter of proposing legislation for these.
​First would come those evils which result from individuals seeking advantage to themselves by the direct infliction of injury upon others. Violations of the criminal law and the various forms of sweating and fleecing one's fellow-men come under this category.
Then would come the evils which arise out of purveying physiological and psychological refreshments and excitements, which are, according as they are indulged in temperately or intemperately, grateful and innocuous, or sources of disaster and ruin. The evils which are associated with the drink traffic and the betting industry are typical examples.
Finally, there would come into consideration the evils of death or physical suffering deliberately inflicted by man upon man with a view to preventing worse evils. The evil of war would come under this category. In this same category might also come the much lesser evil of punitive measures inflicted upon criminals. And with this might be coupled the evil of ​killing and inflicting physical suffering upon animals for the advantage of man.
We may now consider how the rational legislative reformer would in each case go to work.
He would not start with the assumption that it must be possible by some alteration of the law to abolish or conspicuously reduce any of the afore-mentioned evils; nor yet with the assumption that, if a particular alteration of the law would avail to bring about this result, that alteration ought necessarily to be made. He would recognise that many things which are theoretically desirable are unattainable; and that many legislative measures which could perfectly well be enforced would be barred by the fact that they would entail deplorable unintended consequences.
The rational legislator whom we have here in view would accordingly always take expert advice as to whether the desired object could be achieved by legal compulsion; and as to ​whether a projected law which satisfied the condition of being workable would give a balance of advantages over disadvantages.
In connexion with a proposal for the prevention of sweating he would, for instance, take expert advice as to whether its provisions could be enforced; and whether, if enforceable, they would impose added hardships on any class of employees or penalties on any innocent class of employers.
In like manner in connexion with a proposed modification in criminal procedure, the rational reformer would defer to the expert on the question as to whether such modification would secure greater certainty of punishment for the guilty without increasing the risk of convicting the innocent.
In connexion with the second category of evils—the category under which would come those of drinking and betting—the rational legislative reformer would recognise the complete impracticability of abolishing by ​legislative prohibition physiological indulgences and the evils which sometimes attend upon them.
He would consider instead whether these attendant evils could be reduced by making the regulating laws more stringent; and whether more stringent restrictions—in addition to the fact that they would filch from the all too small stock of human happiness—would not, by paving the way for further invasions of personal liberty, cripple the free development of the community.
On the former question, which only experts could properly answer, the reasonable reformer would defer to their advice. The answer to the last question he would think out for himself.
In connexion with the evils which are deliberately inflicted by man with a view to reaping either personal profit, or profit for the nation, or profit for humanity, the reasonable reformer would begin by making clear to himself that the world we live in is not such ​a world as idealism might conjure up, but a world of violence, in which life must be taken and physical suffering be inflicted.
And he would recognise that the vital material interests of the nation can be protected only by armed force; that civilisation can be safeguarded only by punishing violations of the criminal law; and that the taking of animal life and the infliction of a certain amount of physical suffering upon animals is essential to human well-being, comfort, and recreation; and essential also to the achievement of the knowledge which is required to combat disease.
And the reasonable reformer will, in conformity with this, direct his efforts, not to the total abolition of war, but to the prevention of such wars as are not waged for really vital material interests, and to the abatement of the ferocities of warfare.
In the case of punishment for criminals he would similarly devote his efforts not to the abrogation of punishments, but to the ​relinquishment of any that are not reformatory, or really deterrent.
In like manner the reasonable reformer would not seek to prohibit the slaughtering of animals for food, or the killing off of animal pests, or the trapping, shooting, or hunting of animals for sport or profit, nor yet would he seek to prevent their utilisation of animals for the acquirement of knowledge.
He would direct his efforts to reducing the pain which is inflicted, and to preserving everywhere measure and scale—not sentimentally forbidding in connexion with one form of utilisation of animals what is freely allowed in connexion with another— but differentiating, if differentiating at all in favour of permitting the infliction of proportionately greater suffering in the case where national and humanitarian interests, than in the case where mere recreation and luxury and personal profit, are at stake.
Having recognised what reason would prescribe to the legislative reformer, we have next ​to inquire how far the man voter conforms to these prescriptions of reason, and how far the woman reformer would do so if she became a voter.
Let it be noted that the man in the street makes no question about falling in with the fact that he is born into a world of violence, and he acquiesces in the principle that the State, and, failing the State, the individual, may employ force and take life in defence of vital material interests. And he frankly falls in with it being a matter of daily routine to kill and inflict suffering upon animals for human profit or advantage.
Even if these principles are not formulated by the man in the street in quite such plain terms, he not only carries them out in practice, but he conducts all his thinking upon these presuppositions.
He, for instance, would fall in with the proposition that morality does not require from man that he should give up taking life or inflicting physical suffering. And he would ​not cavil with the statement that man should put reasonable limits to the amount of suffering he inflicts, and confine this within as narrow a range as possible—always requiring for the death or suffering inflicted some tangible advantage.
Moreover, if the question should be raised as to whether such advantage will result, the ordinary man will as a rule, where the matter lies beyond his personal ken, take expert opinion before intervening.
He will, for instance, be prepared to be so guided in connexion with such questions as whether disease could, if more knowledge were available, be to a large extent prevented and cured; as to how far animal experiments would contribute to the acquirement of that knowledge; and as to how far the physical suffering which might be involved in these experiments can be minimised or abolished.
But not every man is prepared to fall in with this programme of inflicting physical suffering for the relief of physical suffering. ​There is also a type of spiritually-minded man who in this world of violence sets his face uncompromisingly against the taking of any life and the infliction of any physical suffering—refusing to make himself a partaker of evil.
An idealist of this type will, like Tolstoy, be an anti-militarist. He will advocate a general gaol delivery for criminals. He will be a vegetarian. He will not allow an animal's life to be taken in his house, though the mice scamper over his floors. And he will, consistently with his conviction that it is immoral to resort to force, refuse to take any part in legislation or government.
This attitude, which is that commended by the Hindoo and the Buddhist religions, is, of course, a quite unpractical attitude towards life. It is, in fact, a self-destructive attitude, unless a man's fellow-citizens are prepared by forcible means to secure to him the enjoyment of the work of his hands or of his inherited property, or unless those who refuse to desist ​from the exercise of force are prepared to untake the support of idealists.
We have not only these two classes of men—the ordinary man who has no compunction in resorting to force when the requirements of life demand it, and the idealist who refuses to have any lot or part in violence; there is also a hybrid. This male hybrid will descant on the general iniquity of violence, and then not only connive at those forms of violence which minister to his personal comforts, but also make a virtue of trying to abate by legal violence some particular form of physical suffering which happens to offend in a quite special manner his individual sensibility.
There is absolutely nothing to be said about this kind of reforming crank, except only that anything which may be said in relation to the female legislative reformer may be appositely said of him; and perhaps also this, that the ordinary man holds him both in intellectual and in moral contempt, and is resolved not to ​allow him to do any really serious injury to the community.
To become formidable this quasi-male person must, as he recognises, ally himself with the female legislative reformer.
Passing on to deal with her, it imports us first to realise that while the male voter has—except where important constitutional issues were in question—been accustomed to leave actual legislation to the expert, the female reformer gives notice beforehand that she will, as soon as ever she gets the suffrage, insist on pressing forward by her vote her reforming schemes.
What would result from the ordinary voter legislating on matters which require expert knowledge will be plain to every one who will consider the evolution of law.
There stand over against each other here, as an example and a warning, the Roman Law, which was the creation of legal experts: the prætor and the jurisconsult; and the legal ​system of the Greeks, which was the creation of a popular assembly—and it was a popular assembly which was quite ideally intelligent.
Upon the Roman Law has been built the law of the greater part of the civilised world. The Greek is a by-word for inconsequence.
How can one, then, without cold shudders think of that legal system which the female amateur legal reformer would bring to the birth?
Let us consider her qualifications. Let us first take cognisance of the fact that the reforming woman will neither stand to the principle that man may, where this gives a balance of advantage, inflict on his fellow-man, and a fortiori upon animals, death and physical suffering; nor yet will she stand to the principle that it is ethically unlawful to do deeds of violence.
She spends her life halting between these two opinions, eternally shilly-shallying.
She will, for instance, begin by announcing ​that it can never be lawful to do evil that good may come; and that killing and inflicting suffering is an evil. (In reality the precept of not doing evil that good may come has relation only to breaking for idealistic purposes moral laws of higher obligation.) She will then go back upon that and concede that war may sometimes be lawful, and that the punishment of criminals is not an evil. But if her emotions are touched by the forcible feeding of a criminal militant suffragist, she will again go back upon that and declare that the application of force is an intolerable evil.
Or, again, she will concede that the slaughtering of animals for food is not an evil, but that what is really unforgivable is the infliction of physical suffering on animals. And all the time for her, as well as for man, calves and lambs are being emasculated to make her meat succulent; wild animals are painfully done to death to provide her table with delicacies; birds with young in the nest are shot so that she may parade in their plumage; or ​fur-bearing animals are for her comfort and adornment massacred and tortured in traps.
When a man crank who is co-responsible for these things begins to talk idealistic reforms, the ordinary decent man refuses to have anything more to say to him.
But when a woman crank holds this language, the man merely shrugs his shoulders. "It is," he tells himself, "after all, the woman whom God gave him."
It must be confessed that the problem as to how man with a dual nature may best accommodate himself to a world of violence presents a very difficult problem.
It would obviously be no solution to follow out everywhere a programme of violence. Not even the predatory animals do that. Tigers do not savage their cubs; hawks do not pluck hawks' eyes; and dogs do not fight bitches.
Nor would, as has been shown, the solution of the problem be arrived at by everywhere surrendering—if we had been given the grace ​to do this—to the compunctious visitings of nature.
What is required is to find the proper compromise. As to what that would be there is, as between the ordinary man and woman on the one side, and the male crank and the battalions of sentimental women on the other, a conflict which is, to all intents and purposes, a sex war.
The compromise which ordinary human nature had fixed upon—and it is one which, ministering as it does to the survival of the race, has been adopted through the whole range of nature—is that of making within the world in which violence rules a series of enclaves in which the application of violence is progressively restricted and limited.
Outside the outermost of the series of ring fences thus constituted would be the realm of uncompromising violence such as exists when human life is endangered by wild animals, or murderous criminals, or savages. Just within this outermost fence would be civilised ​war—for in civilised war non-combatants and prisoners and wounded are excluded from the application of violence. In like manner we bring humanity in general within a more sheltered enclosure than animals—pet animals within a more sheltered enclosure than other animals. Again, we bring those who belong to the white race within a narrower protecting circle than mankind in general, and those of our own nation within a still narrower one.
Following out the same principle, we include women and children within a narrower shelter fence than our adult fellow-male; and we use the weapon of force more reluctantly when we are dealing with our relatives and friends than when we are dealing with those who are not personally known to us; and finally, we lay it aside more completely when we are dealing with the women of our households than when we are dealing with the males.
The cause of civilisation and of the amenities, and the welfare of the nation, of the family, ​and of woman, are all intimately bound up with a faithful adherence to this compromise.
But this policy imposes upon those whom it shelters from violence corresponding obligations.
In war non-combatants—not to speak of the wounded on the battlefield—must desist from hostile action on the pain of being shot down like wild beasts. And though an individual non-combatant might think it a patriotic action for him to take part in war, the thoughtful man would recognise that such action was a violation of a well-understood covenant made in the interest of civilisation, and that to break through this covenant was to abrogate a humanitarian arrangement by which the general body of non-combatants immensely benefits.
Exactly the same principle finds, as already pointed out, application when a woman employs direct violence, or aspires to exercise by voting indirect violence.
One always wonders if the suffragist appreciates all that woman stands to lose and all ​that she imperils by resort to physical force. One ought not to have to tell her that, if she had to fight for her position, her status would be that which is assigned to her among the Kaffirs—not that which civilised man concedes to her.
From considering the compromise by which man adapts his dual nature to violence in the world, we turn to that which the female legislative reformer would seek to impose by the aid of her vote.
Her proposal, as the reader will have discerned, would be that all those evils which make appeal to the feminine emotions should be legally prohibited, and that all those which fail to make this appeal shall be tolerated.
In the former class would be included those which come directly under woman's ken, or have been brought vividly before the eyes of her imagination by emotional description. And the specially intolerable evils will be those which, owing to the fact that they fall upon woman or her immediate belongings, induce ​in the female legislative reformer pangs of sympathetic discomfort.
In the class of evils which the suffragist is content to tolerate, or say nothing about, would be those which are incapable of evoking in her such sympathetic pangs, and she concerns herself very little with those evils which do not furnish her with a text for recriminations against man.
Conspicuous in this programme is the absence of any sense of proportion. One would have imagined that it would have been plain to everybody that the evils which individual women suffer at the hands of man are very far from being the most serious ills of humanity. One would have imagined that the suffering inflicted by disease and by bad social conditions—suffering which falls upon man and woman alike—deserved a first place in the thoughts of every reformer. And one might have expected it to be common knowledge that the wrongs individual men inflict upon women have a full counterpart in the wrongs which ​individual women inflict upon men. It may quite well be that there are mists which here "blot and fill the perspective" of the female legislative reformer. But to look only upon one's own things, and not also upon the things of others, is not for that morally innocent.
There is further to be noted in connexion with the female legislative reformer that she has never been able to see why she should be required to put her aspirations into practical shape, or to consider ways and means, or to submit the practicability of her schemes to expert opinion. One also recognises that from a purely human point of view such tactics are judicious. For if the schemes of the female legislative reformer were once to be reviewed from the point of view of their practicability, her utility as a legislator would come into question, and the suffragist could no longer give out that there has been committed to her from on High a mission to draw water for man-kind out of the wells of salvation.
Lastly, we have to reflect in connection with ​the female legislative reformer that to go about proposing to reform the laws means to abandon that special field of usefulness which lies open to woman in alleviating misery and redressing those hard cases which will, under all laws and regulations of human manufacture and under all social dispositions, inevitably occur. Now when a woman leaves a social task which is commensurate with her abilities, and which asks from her personal effort and self-sacrifice, for a task which is quite beyond her abilities, but which, she thinks, will bring her personal kudos, shall we impute it to her for righteousness?