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
Rich men and fathers might still make what settlements they pleased,
and appoint trustees for the protection of minors and such women as
needed protection; but we imagine it well proved that the principle
of protection is wrong, and that the education of freedom and
responsibility will enable women to take better care of themselves and
others too than can be insured to them by any legal precautions.
Upon women of the labouring classes the difficulty of keeping and using
their own earnings presses most hardly. In that rank of life where the
support of the family depends often on the joint earnings of husband
and wife, it is indeed cruel that the earnings of both should be in the
hands of one, and not even in the hands of that one who has naturally
the strongest desire to promote the welfare of the children.
All who are familiar with the working classes, know how much suffering
and privation is caused by the exercise of this _right_ by drunken
and bad men. It is true that men are legally bound to support their
wives and children, but this does not compensate women for the loss
of their moral right to their own property and earnings, nor for the
loss of the mental development and independence of character gained by
the possession and thoughtful appropriation of money; nor, it must be
remembered, can the claim to support be enforced on the part of the
wife unless she appeals to a court of law. Alas, how much will not a
woman endure before she will publicly plead for a maintenance!
Why, we ask, should there be this difference between the married and
unmarried condition of women? And why does marriage make so little
legal difference to men, and such a mighty legal difference to women?
In France it is somewhat more equal; women have a choice, and can marry
under the _régime de communauté_, or _régime dotal_. We quote from the
recent admirable report of the Law Amendment Society:--
‘1. _Régime de Communauté_ is either _légale_ or _contractuelle_. By
the first, which is by operation of law without any contract, all the
_moveable_ property of the man and woman, both at marriage or acquired
during marriage (except specific legacies specially tied up), and the
immoveable property acquired during marriage, form one mass called
_communauté_, which is administered by the husband, and may be aliened
by him during marriage, but cannot be bequeathed except as to his
share; and at the dissolution of the marriage, a partition takes place
between husband and wife or their representatives.
‘The wife’s immoveable property belongs to the wife alone, but the
rents, and profits, and administration go to the husband.
Public-domain text, read in full here on John Shaqi.
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