Criminality and economic conditionsBonger, Willem Adriaan
General
Criminality and economic conditions
Bonger, Willem Adriaan
Crime -- Economic aspects
The deepest roots of marriage as it exists today are found in our
present state of society, based as it is on private property; and, in
its turn, marriage is a support for that society. Here is also the
reason for the disapprobation of free unions felt by the majority, even
if the motives of these unions are the most noble. And this also is why
the more conservative a man is as to the institution of private
property, the more he holds to the existing form of marriage, a fact
otherwise inexplicable.
An examination of the modifications made during the last century in the
matrimonial law and in matters pertaining to it, shows that the
position of the married woman has improved gradually. To cite only a
few examples, the French civil code gave to the married woman the right
of divorce in the case of adultery on the part of her husband only if
he kept a concubine in the common dwelling (art. 230). In 1884 this
article was modified so that the woman now has the same right of
divorce in case of adultery as the man. (Article 337 of the penal code,
however, punishes the adulterous wife by an imprisonment of from three
months to two years, while article 339 punishes the adulterous husband
only if he has been keeping a concubine in the common dwelling, and
then only by a fine of from one hundred to two thousand francs.) In
England before 1870 the married woman was in a position of dependence.
The right of possession of personal property as well as the
administration of real estate and the benefit of revenues from it
devolved upon the husband. Since 1870 and 1882 there has been a great
change in the matrimonial law, to the great advantage of the woman who
has become, among other things, the sole owner of her fortune, etc.
[310] In the countries where there have been no modifications in the
last century, public opinion is such that we may be sure that the
condition of women will be better in case of an eventual revision of
the matrimonial law.
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