Social Attitudes to the Problem of Illegitimacy

Abstract

' LLEGITIMACY in some form is a universal phenomenon. Since all known societies reglllate marriage and the family, it follows that law and w *custom in all societies must take account of those whose birth is not in accordance with the law. Moreover, since sex mores and family structure vary so greatly from one society to another it is to be expected that social attitudes to illegitimacy will reflect this diversity. As F. W. Hankin wrote, Marital institutions and sex mores, however, differ so widely and are so differently integrated with economic, moral and religious practices as to give it a bewildering sociological variety. [I] In Europe, this diversity is illustrated by the relative acceptance of certain forms of illegitimacy, while others suffer social stigma. In Austria, for example, a relatively high rate of illegitimacy is associated with recognized conventions, the absence of stigma, and legitimation by late, subsequent marriage. In srarious European communities there still persists a convention that a girl should demonstrate her fertility before marriage a custom that was widespread irl pre-industrial England and Scotland. Again, the offspring of stable, marriage-like relations of couples who have omitted the marriage ceremony usually suffer no stigma, though legally they are illegitimate. On the other hand, in some sections of Western society, the stigma attached to illegitimacy is so strong that mother and child are both socially ulnacceptable. Similar variations of attitude are found among primitive peoples. According to the traditions of her tribe, an unmamed mother may find her chances of marriage enhanced, or unaffected, or seriously blighted. In some communities social censure demands the death or severe punishment of the mother, while the child is almost certain to be destroyed at birth. Where sex freedom is allowed to wives, and where the custom of wife-lending prevails, all the offspring are welcomed as members of the family irrespective of their paternity, while in other societies, a wife may be summarily executed for adulterine bastardy. Illegitimacy can only be understood, therefore, in the light of its entire sociological setting, and it cannot, of course, be viewed as an index of sexual morality. In Western communities until recently lack of a sociological approach 3o9