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
an inflexible rule of law that a wife shall not be sued without her
husband.... If therefore a wife enters into a bond jointly with her
husband, or makes a bill of exchange, promissory note, or any other
contract, she cannot be sued thereon, but the action should be brought
against, and the bond, bill, alleged to have been made by, the husband"
(Ibid, p. 75).
The thoughtful author of the "Rights of Women" remarks that the
incapacity to sue is "traceable to the time when disputes were settled
by the judgment of arms. A man represents his wife at law now, because
in the days of the judicial combat he was her champion-at-arms, and she
is unable to sue now, because she was unable to fight then" (p. 22). The
explanation is a very reasonable one, and is only an additional proof
of the need of alteration in the law; our marriage laws are, as has
been shown above, the survival of barbarism, and we only ask that modern
civilisation will alter and improve them as it does everything else:
trial by combat has been destroyed; ought not its remains to be buried
out of sight? The consequence of these business disabilities is that a
married woman finds herself thwarted at every turn, and if she be
trying to gain a livelihood, and be separated from her husband, she is
constantly pained and annoyed by the marriage-fetter, which hinders
her activity and checks her efforts to make her way. The notion that
irresponsibility is an advantage is an entirely mistaken one; an
irresponsible person cannot be dealt with in business matters, and is
shut out of all the usual independent ways of obtaining a livelihood.
Authorship and servitude are the only paths really open to married
women; in every other career they find humiliating obstacles which it
needs both courage and perseverance to surmount.
Public-domain text, read in full here on John Shaqi.
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