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
summoned to answer for it! A large amount of injustice arises from
this absurd, fiction that two are one; it sometimes injures, sometimes
protects the married woman, and it often shields those who have wronged
her; but whether it injure or whether it protect, it is equally vicious;
it is _unjust_, and injustice is a radical injury to a community, and by
destroying the reasonableness and the certainty of the law, it saps that
reverence for it which is one of the safeguards of society.
Let us now take Blackstone's "rights of every Englishman," and see what
rights the common law allowed to a married Englishwoman. A married woman
is not protected by the law in the "uninterrupted enjoyment of" her
"limbs," her "body," or her "reputation." On the contrary: "If a wife
be injured in her person, or her property, she can bring no action for
redress without her husband's concurrence, and in his name as well as
her own" (Blackstone, p. 443). If in a railway accident a married woman
has her leg broken, she cannot sue the railway company for damages;
she is not a damaged _person_; in the eye of the law, she is a piece of
damaged _property_, and the compensation is to be made to her owner.
If she is attacked and beaten she cannot at law sue her assailant; her
master suffers loss and inconvenience by the assault on his housekeeper,
and his action is necessary to obtain redress. If she is libelled,
she cannot protect her good name, for she is incapable by herself of
maintaining an action. In fact, it is not even needful that her name
should appear at all in the matter: "the husband may sue alone for
loss of his wife's society by injury done to her, or for damage to her
reputation" (Comyn's Digest, under "Baron and Feme"). The following
curious statement of the law on this head is given in Broom's
"Commentaries:"
Public-domain text, read in full here on John Shaqi.
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