A brief summary in plain language of the most important laws concerning women : $b together with a few observations thereonBodichon, Barbara Leigh Smith
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A brief summary in plain language of the most important laws concerning women : $b together with a few observations thereon
Bodichon, Barbara Leigh Smith
Women -- Legal status, laws, etc. -- Great Britain
In fact, a wife was not regarded in Hungary as a minor, her husband was
not her guardian, nor were there trustees appointed for her property.
‘None of my countrywomen would ever have submitted to such a marriage
settlement as is usual in England,’ said a Hungarian lady, well known
for her genius and reputation. With the one exception of considering
all unmarried women as minors, the Hungarian law was very much in
advance of ours.
In America, the great states of New York, Pennsylvania, and in New
England, California, Texas, and some of the newly settled States, a
married woman is allowed, with modifications differing in different
places, the same rights over property as if she were single.
What changes we find in the American laws are improvements upon ours.
Is there not evidence in our English laws of old opinions relating
to women which are passing away with the old state of things which
engendered them? In the early times, when women were obliged by the
violent state of society to be always under the guardianship of father,
brother, or husband, these laws might be necessary; but in our peaceful
times, such guardianship is proved to be superfluous by the fact of the
secure, honourable, and independent position of single women, who are
sufficiently protected by the sanctuary of civilisation.
Since all the unmarried women in England are supported either by their
own exertions, or by the exertions or bequests of their fathers and
relations, there is no reason why upon marriage they should be thrown
upon the pecuniary resources of their husbands, except in so far as
the claims of a third party--children--may lessen the wife’s power
of earning money, at the same time that it increases her expenses.
Of course a woman may, and often does, by acting as housekeeper and
manager of her husband’s concerns, earn a maintenance and a right to
share in his property, independent of any children which may come of
the marriage. But it is evident that daughters ought to have some sure
provision--either a means of gaining their own bread, or property--as
it is most undesirable that they should look upon marriage as a means
of livelihood.
Fathers seldom feel inclined to trust their daughters’ fortunes in the
power of a husband, and, in the appointment of trustees, partially
elude the law by a legal device. Also, the much abused Court of
Chancery tries to palliate the Common Law, and recognises a separate
interest between husband and wife, and allows the wife alone to file
a bill to recover and protect her property, and trustees are not
necessary if there has been an agreement.
Why should not these legal devices be done away with, by the simple
abolition of a law which we have outgrown?
We do not say that these laws of property are the only unjust laws
concerning women to be found in the short summary which we have given,
but they form a simple, tangible, and not offensive point of attack.
Public-domain text, read in full here on John Shaqi.
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