Page:American Journal of Sociology Volume 5.djvu/108

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94 THE AMERICAN JOURNAL OF SOCIOLOGY

the existence of hereditary or acquired defects, and that without the pain of divorce which the deceived persons might demand. Dr. Toulouse adds that it would be necessary to protect this declaration against indiscreet use by formally interdicting any publication of it. Dr. Toulouse follows this suggestion with other reflections which arise naturally when one seeks means of prevent- ing pathological surprises in marriage. Why not treat marriage somewhat like a contract analogous to that made by a life-insur- ance company ? Companies of this kind impose on their clients a visit from their physicians, who are thus bound by the profes- sional confidence. Marriage also is a contract. Why should not the parties submit themselves to the same obligation ? The fear of a medical visit would break off many a negotiation which would issue in a regrettable union.

Sentiments of generosity, certainly hurtful to the welfare of the species, have introduced into the law of divorce, at least in France and Belgium, an article indicating that insanity may not be invoked as a cause of final separation. We should render homage to the good intentions of the legislator who has desired to protect the unfortunate. And yet, at the higher point of view of social defense, and of the prosperity of the nation, this senti- ment is certainly not dangerous; but, without desiring that we should entirely reject this philanthropic measure, it might be possible to demand that alcoholics, hardened drunkards who had been condemned for drunkenness or shut up in asylums for the insane several times, should be deprived of their marital right in some degree, and power given to the consort to be freed. The legacy of alcoholism is frightful : candidates for insanity, hys- teria, epilepsy, idiocy, criminality, etc., etc.

Education, which includes the environment, would form in this study a very important chapter, if time and space permitted expansion. From cradle to tomb man is subject without cessa- tion to the influence of his surroundings, which increase or diminish his happiness according to the character of the influence and his physical and mental constitution. Even sup- posing that there is no hereditary taint, no physical poisoning which could induce a certain degree of degeneration, the