Long ago, when the family or clan formed a unit, the right of the
father over the children and the women was a part of a very necessary
discipline upon which probably the existence of all depended. These
ideas have very naturally survived, for custom clings with wonderful
pertinacity, and we have had the strange spectacle of the house
divided against itself, the father clinging to his old rights, the
wife and children clamouring for their new ones. As an instance
which illustrates how long the woman continued to be viewed as
part of the property of her husband, it is but necessary to recall
the fact that only since the Matrimonial Causes Act of 1858 was
it rendered impossible for a husband after deserting his wife to
return to her and _lawfully_ possess himself of all the property she
had herself acquired during the time of his desertion. So too with
our old ideas regarding parental rights, which were so tenacious
a survival that until as late as 1891 a father could not forfeit
these either by contract or neglect. Before the Act to amend the
law relating to the custody of children passed in March, 1891, a
man who had deserted his children could afterwards insist on their
returning to him, and, although a reprobate in every way, he could
claim them from the parish or custodian who had been responsible for
their upbringing. These and many other injustices have been and are
being removed, and it must be remembered that this has been done
not by a forcible adjustment gained by strength of numbers, but by
the force of public opinion and the sense of justice of all classes
and of both sexes. The rights have been given, they have not been
taken; the poor have had rich men on their side, and the promoters
of women’s independence and advancement have in large numbers been
the men themselves. It is true that much unnecessary inequality
remains, and that we treat certain sections of the community in a
most undesirable fashion--witness the herding of the profligate with
the unfortunate or aged pauper--but the very fact that justice has
come as the result of claims put forward and recognised as just,
rather than at the point of the sword in open rebellion of the many
against the few, shows that as a nation we are instinct with the
feeling of obligation. There is a feeling that whatever is right
will ultimately be done, that so-called injustices are survivals
of past ages from which emancipation must take place, and that
all we have to encounter is that right and necessary conservatism
which adapts itself slowly and cautiously to changing conditions of
things, clinging to that which is because the present is the best
to which we have yet achieved, yet willing to change this for what
we have reason to believe will be really better. With this modern
development of the sense of obligation, we may anticipate that
all those who are really dependent upon their own actions will be
seriously considered, and have their welfare fully assured.
Public-domain text, read in full here on John Shaqi.
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