A History of Matrimonial Institutions, Vol. 3 of 3Howard, George Elliott
History
A History of Matrimonial Institutions, Vol. 3 of 3
Howard, George Elliott
Families; Marriage -- History
It is within the family itself that the growing economic
independence of woman is producing the highest sociological
results. Under the old domestic régime on both sides of the sea
the woman who married entered legally, potentially, upon a life of
financial bondage. In the theory of the common law the wife, with
her children, her goods, and the fruits of her toil, was the sole
property of the husband. Only in 1886 did the mother in England
gain legal capacity for the partial custody of her offspring;[828]
and in but few of the American states has she been placed on equal
footing with the father in this regard.[829] Even now the "husband
in England can claim damage from the man who has ruined his family
life, but the woman can claim none from the rival who has supplanted
her."[830] In both England and the United States notable progress
has already been made in equalizing the property rights of the
sexes; but the process is yet far from complete. The prevailing
conception of marriage as a status in which the wife is "supported"
by the husband is degrading in its influence on the woman's
character. It tends to deaden her moral perceptions and to paralyze
her mental powers. Girls are trained, or they are forced by
poverty, to look upon wedlock as an economic vocation, as a means of
getting a living. The result is that under the old order marriage
tends to become a species of purchase-contract in which the woman
barters her sex-capital to the man in exchange for a life-support.
The man--not the woman as originally--has become the chooser in
sex-selection. In the family, therefore, the sex-motive has become
excessively pronounced, thrusting into the background higher social
and spiritual ideals.[831] The liberation movement thus means in
a high degree the socialization of one-half of the human race.
Woman declines longer to be restricted to the dwarfing environment
of sexual seclusion; and demands the means and the privilege of
engaging in the larger activities of self-conscious society.[832]
[828] By the Custody of Infants Act, 1886: see the discussion of
CAIRD, _Morality of Marriage_, 49, 55 ff.
[829] BISHOP, _Marriage, Div., and Sep._, II, 452 ff.
[830] PEARSON, "The Decline of the Family," in his _National Life
and Character_, 240, 234, 235. In many of the American states the
wife may bring action against the seducer of her husband: BISHOP,
_Mar., Div., and Sep._, I, 568.
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