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
A married woman loses control over her own body; it belongs to her
owner, not to herself; no force, no violence, on the husband's part
in conjugal relations is regarded as possible by the law; she may be
suffering, ill, it matters not; force or constraint is recognised by
the law as rape, in all cases save that of marriage; the law "holds,
it to be felony to force even a concubine or harlot" (Broom's
"Commentaries," vol. iv., p. 255), but no rape can be committed by a
husband on a wife; the consent given in marriage is held to cover
the life, and if--as sometimes occurs--a miscarriage or premature
confinement be brought on by the husband's selfish passions, no offence
is committed in the eye of the law, for the wife is the husband's
property, and by marriage she has lost the right of control over her own
body. The English marriage law sweeps away all the tenderness, all the
grace, all the generosity of love, and transforms conjugal affection
into a hard and brutal legal right.
By the common law the husband has a right to inflict corporal punishment
on his wife, and although this right is now much restricted, the effect
of the law is seen in the brutal treatment of wives among the
rougher classes, and the light--sometimes no--punishment inflicted on
wife-beaters. The common law is thus given by Blackstone: "The husband
also (by the old law) might give his wife moderate correction. For as
he is to answer for her misbehaviour, the law thought it reasonable
to entrust him with this power of restraining her, by domestic
chastisement, in the same moderation that a man is allowed to correct
his apprentices or children. The lower rank of people, who were
always fond of the old common law, still claim and exert their ancient
privilege." Blackstone grimly adds, after saying this is all for woman's
protection: "So great a favourite is the female sex of the laws of
England" (444 and 445). This "ancient privilege" is very commonly
exercised at the present time. A man who dragged his wife out of bed
(1877), and, pulling off her nightdress, roasted her in front of the
fire, was punished (?) by being bound over to keep the peace for a short
period. Men who knock their wives down, who dance on them, who drag them
about by the hair, &c., are condemned to brief terms of imprisonment,
and are then allowed to resume their marital authority, and commence a
new course of ill-treatment. In dealing later with the changes I shall
recommend in the marriage laws, this point will come under discussion.
Public-domain text, read in full here on John Shaqi.
Reviews
Reviews
No reviews yet
Be the first to share your thoughts on this work.
Join the Discussion
Join the discussion
Sign in to leave a comment or review.
Sign InorCreate an account