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
In an admirable letter to the Times of March 14, 1878, Mrs. Ursule
Bright, alluding to the "obscurity and uncertainty of the law," points
out "The effect of that obscurity upon the credit of respectable married
women earning their own and their children's bread, in any employment or
business carried on separately from their husband; the inconvenience and
risk to their creditors is, as you have most ably pointed out, great;
but the injury to honest wives is far greater. It puts them at a
considerable disadvantage in the labour market and in business. A
married woman, for instance, keeping a little shop, may sue for debts
due to her, but has no corresponding liability to be sued. If the
whereabouts of the husband is not very clearly defined, it is evident
she may have some difficulty in obtaining credit.
"Again, what employer of labour can with any security engage the
services of a married woman? She may leave her work at the mill at an
hour's notice unfinished, and her employer has no remedy against her
for breach of contract, as a married woman can make no contract which is
legally binding. There is no question that such a state of the law must
operate as a restriction upon her power to support herself and family.
"The state of muddle of the present law is almost inconceivable. Even
now a woman need not pay her debts contracted before marriage out of
earnings made after marriage. Suppos an artist or a literary woman to
marry when burdened with debts and having no property; should she be
earning £1,000 or £10,000 a year by her profession after marriage,
these earnings could not be made liable for her debts contracted before
marriage."
It cannot too plainly be repeated that non-liability to be sued means
non-existence of credit.
Public-domain text, read in full here on John Shaqi.
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