In On Liberty, John Stuart Mill uses 19th-century marriage to represent a toxic despotism in which one person (the husband) is given far too much power over others (the wife and, if they have them, children). Mill believes that every individual person, regardless of gender, deserves to have the same rights and opportunities as everyone else, the exceptions being if they are underage or not mentally capable of adequately taking care of themselves. In marriage, however, women are considered the property of their husbands and do not enjoy the same level of legal protection as men do. Because of this disparity, marriage is not an equitable relationship any more than people living under a despotic government are truly free. Mill sees this as one of Western society’s great evils—one which needs to be altered if Western society will ever truly be able to call itself free. Mill even goes so far as to provide a solution: “nothing more is needed for the complete removal of the evil, than that wives should have the same rights, and should receive the protection of law in the same manner, as all other persons,” which is admittedly easier said than done. Likewise, if a society is truly free then all citizens have the same rights and legal protections as everyone else. More importantly, the amount of power one person (be they a political leader or a husband) can exercise over another must be limited, and if this power is abused, then the subjects (either citizens or wives) have a right and even a duty to revolt against it in the name of personal liberty (through revolution or divorce).
Marriage Quotes in On Liberty
A person should be free to do as he likes in his own concerns; but he ought not to be free to do as he likes in acting for another, under the pretext that the affairs of the other are his own affairs. The State, while it respects the liberty of each in what specially regards himself, is bound to maintain a vigilant control over his exercise of any power which it allows him to possess over others. This obligation is almost entirely disregarded in the case of the family relations, a case, in its direct influence on human happiness, more important than all others taken together. The almost despotic power of husbands over wives needs not be enlarged upon here, because nothing more is needed for the complete removal of the evil, than that wives should have the same rights, and should receive the protection of law in the same manner, as all other persons; and because, on this subject, the defenders of established injustice do not avail themselves of the plea of liberty, but stand forth openly as the champions of power.