The College, the Market, and the Court: or, Woman's relation to education, labor and lawDall, Caroline Wells Healey
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The College, the Market, and the Court: or, Woman's relation to education, labor and law
Dall, Caroline Wells Healey
Women -- Education; Women -- Employment; Women -- Legal status, laws, etc.
In France, we are told, women sometimes fill public functions. They may
be postmistresses, and inspectors of schools; or they may take charge of
the bureaus of wood or tobacco. They may also be inspectors of public
asylums,--a right and a duty of very great importance. As a public
functionary, woman fills few and inferior posts; but in these she
exercises and possesses all the rights of a man, with one
exception,--that exception, alas! the very keystone on which all human
success must rest: I mean, the right of _promotion_. Do not smile,
prompted by an unworthy apprehension of my meaning. It is _not_ because
women are more greedy or more ambitious than men that I call the right
to promotion the keystone of their success. Only small and narrow
natures can be content in a treadmill. If constant motion will not carry
her over the top of the wheel, instinct prompts the reasoning creature
to abate her efforts. No man of his own free will turns into a road
which abuts upon a stone wall. The State turnpike is better, where the
wayfarer may die by a sunstroke, or perish of a frost; where endless
miles stretch over uncultivated wastes: better; for here, at least, the
way is open, the sky overhead.
Before proceeding to speak of the English common law, it will perhaps be
well to turn from the "Code Napoléon" to the law of Louisiana, in which
the influence of the two forms of French law still shows itself. I do
not consider the laws of Canada, because they are complicated, not only
by the English common law, but by Canadian statutes, somewhat in the
spirit of our own recent enactments, and by curious archæological
remains of feudal law,--laws which would sound like the decrees of
Haroun al Raschid, were I to tax your soberness by setting them before
you. They are, let us be thankful, of small practical importance, as is
the great body of all law.[34]
In Louisiana, according to the civil code of 1824, the partnership of
gains arising during coverture exists by law in every marriage, without
express stipulation to the contrary. But the parties may regulate their
married obligations as they please, provided they do nothing immoral.
The wife's property is "dotal." What she _brings_, her paraphernalia, is
"extra-dotal." The dowry belongs to the husband during marriage; and he
has the administration of the partnership, and may alienate his revenue,
without his wife's consent: but he cannot convey the common estate. If,
before marriage, he should stipulate that there should be no
partnership, his wife preserves the entire control of her own property.
Her heirs take her separate estate; even money received by her husband
on her account. If there be no agreement as to the expenses, the wife
contributes one-half of her income. Her landed estate, whether dotal or
not, is not affected by his debts. She is a privileged creditor, and has
the first mortgage on his property.
Public-domain text, read in full here on John Shaqi.
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