Marriage, As It Was, As It Is, and As It Should Be: A Plea for ReformBesant, Annie
Philosophy
Marriage, As It Was, As It Is, and As It Should Be: A Plea for Reform
Besant, Annie
Marriage -- Great Britain; Marriage law -- Great Britain
of the superior, as the superior is held to have in that of the
inferior; and therefore the inferior can, in contemplation of law,
suffer no loss consequential on a wrongful act done to his superior. The
wife cannot recover damages for the beating of her husband. The child
has no property in his father or guardian. And the servant, whose master
is disabled, does not thereby lose his maintenance or wages (Ibid,
p. 153). A man may recover damages equally for the injury done to his
servant or to his wife; in both cases he loses their services, and the
law recompenses him. A peculiarly disgusting phase of this claim is
where a husband claims damages against a co-respondent in the divorce
court; if a wife be unfaithful, the husband can not only get a divorce,
but can also claim a money payment from the seducer to make up for the
damage he has sustained by losing his wife's services. An unmarried
girl, under age, is regarded as the property of her father, and the
father may bring an action against her seducer for the loss of his
daughter's services. It is not the woman who is injured, or who has any
redress; it is her male owner who can recover damages for the injury
done to his property."
If a wife be separated from her husband, either by deed or by judicial
decree, she has no remedy for injury or for libel, unless by the
doubtful plan of using her husband's name without his consent. On this
injustice Lord Lyndhurst, speaking in the House of Lords in 1856, said:
"A wife is separated from her husband by a decree of the Ecclesiastical
Court, the reason for that decree being the husband's misconduct--his
cruelty, it may be, or his adultery. From that moment the wife is almost
in a state of outlawry. She may not enter into a contract, or if she
do, she has no means of enforcing it. The law, so far from protecting,
oppresses her. She is homeless, helpless, hopeless, and almost wholly
destitute of civil rights. She is liable to all manner of injustice,
whether by plot or by violence. She may be wronged in all possible ways,
and her character may be mercilessly defamed; yet she has no redress.
She is at the mercy of her enemies. Is that fair? Is that honest? Can
it be vindicated upon any principle of justice, of mercy or of common
humanity?"
Public-domain text, read in full here on John Shaqi.
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