History of European Morals From Augustus to Charlemagne (Vol. 2 of 2)Lecky, William Edward Hartpole
Philosophy
History of European Morals From Augustus to Charlemagne (Vol. 2 of 2)
Lecky, William Edward Hartpole
Ethics; Europe -- Moral conditions
It is probable that this teaching had its part in determining the
principles of legislation concerning the sex. The Pagan laws during the
Empire had been continually repealing the old disabilities of women, and
the legislative movement in their favour continued with unabated force
from Constantine to Justinian, and appeared also in some of the early laws
of the barbarians.(738) But in the whole feudal legislation women were
placed in a much lower legal position than in the Pagan Empire.(739) In
addition to the personal restrictions which grew necessarily out of the
Catholic doctrines concerning divorce, and concerning the subordination of
the weaker sex, we find numerous and stringent enactments, which rendered
it impossible for women to succeed to any considerable amount of property,
and which almost reduced them to the alternative of marriage or a
nunnery.(740) The complete inferiority of the sex was continually
maintained by the law; and that generous public opinion which in Rome had
frequently revolted against the injustice done to girls, in depriving them
of the greater part of the inheritance of their fathers, totally
disappeared. Wherever the canon law has been the basis of legislation, we
find laws of succession sacrificing the interests of daughters and of
wives,(741) and a state of public opinion which has been formed and
regulated by these laws; nor was any serious attempt made to abolish them
till the close of the last century. The French revolutionists, though
rejecting the proposal of Siéyès and Condorcet to accord political
emancipation to women, established at least an equal succession of sons
and daughters, and thus initiated a great reformation of both law and
opinion, which sooner or later must traverse the world.
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