Marriage, As It Was, As It Is, and As It Should Be: A Plea for Reform — John Shaqi
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
Blackstone lays down, in his world-famous "Commentaries on the Laws of
England," that the first of the "absolute rights of every Englishman" is
"the legal and uninterrupted enjoyment of his life, his limbs, his body,
his health, and his reputation" (9th ed., bk. 1, p. 129). The second
right is personal liberty, and he says: "the confinement of a person in
anywise is an imprisonment. So that the keeping; a man against his will
in a private house.... is an imprisonment" (Ibid, 136): The third is
property, "which consists in the free use and enjoyment of all his
acquisitions, without any control or diminution, save only by the
laws of the land" (Ibid, 138). A subordinate right, necessary for the
enforcement of the others, is "that of applying to the courts of justice
for redress of injuries." I shall proceed to show that a married woman
is deprived of these rights by the mere fact of her marriage.
In the first place, by marriage a woman loses her legal existence; the
law does not recognize her, excepting in some few cases, when it becomes
conscious of her existence in order to punish her for some crime or
misdemeanour. Black-stone says--and no subsequent legislation has in
any way modified his dictum: "By marriage the husband and wife are one
person in law; that is, the very being or legal existence of the
woman is suspended during the marriage, or at least is incorporated or
consolidated into that of the husband; under whose wing, protection,
and _cover_, she performs every thing; and is therefore called in our
law-French a _feme covert"_ (p. 442). "Husband and wife are one person
in law" (Comyn's Digest, 5th ed., vol. ii., p. 208), and from this it
follows that "by no conveyance at the common law could the husband give
an estate to his wife;" that "a. husband cannot covenant or contract
with his wife," even for her own advantage, and that any prenuptial
contract made with her as to money she shall enjoy for her separate use
after marriage, becomes void as soon as she is married. All covenants
for the wife's benefit must be made with some one else, and the husband
must covenant with some other man or unmarried woman who acts as trustee
for the wife. This is the fundamental wrong from which all the others
flow: "'Husband and wife are one person,' and that one is the husband."
The wife's body, her reputation, are no longer her own. She can gain no
legal redress for injury, for the law does, not recognize her existence
except under cover of her husband's suit. In. some cases more modern
legislation has so far become conscious of her, as to protect her
against her husband, and if this protection separates her from him, it
leaves her the more utterly at the mercy of the world.
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