The College, the Market, and the Court: or, Woman's relation to education, labor and lawDall, Caroline Wells Healey
History
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 speaking of the frequenting of disreputable houses, neither
Montesquieu, nor Dr. Wood in his "History of Civil Law," finds a single
word to say as to the moral degradation of the race, of the special
degradation of woman involved in it, but both grow eloquent concerning
the ruin of the State. It requires a sounder mode of thinking than most
men possess to see the relation between the ruin of the State and their
own bad habits, the loss of one man's purity. Thus the laws concerning
adultery, or divorce for that cause, bring the heaviest penalties,
social and legal, upon the head of an offending woman. The legal excuse
for this positive injustice is the safety of the family and the
State,--the great crime of imposing upon a family false representatives
of its name and honor; but a woman's brain and conscience are too clear
to rest in this masculine decision.
If a man cannot bring a false representative into _his own family_, he
can carry it into his neighbor's, when his profligate life violates the
social compact; and, as to his own family, his vices may injure it far
more than the infidelity of his wife. At the worst, her misconduct will
only bring into the shelter of his home a child who grows up protected
socially by her fraud; but, if _he_ choose to "spend his substance in
riotous living," his wife and children may, while the law gives him
exclusive right to their common property, be deserted, or driven from
their homes, to make room for those who are the companions of his guilt.
It is quite possible, it will be seen, therefore, to show another side
to this matter, in no better light than that of expediency. One canton
of Switzerland (the Canton Glarus) possesses laws in regard to such
matters, in marked contrast to those of the whole civilized world. The
consequence is, that the falsehood and crime so common elsewhere are
here unknown.[38]
"Perhaps it would be just," says Poynter on "Marriage and Divorce," in
1824,--"_perhaps_ it would be just, that where the husband violates the
matrimonial compact, and the property originally belonged to the wife,
he should give back the whole of it. Courts, however, have never gone
that length."
One would think, nevertheless, that husbands themselves might go that
length, and that men who aspire to the credit of decency would be
ashamed to eat the bread of her they have betrayed and wounded. How is
it that they have deceived themselves from the beginning, and have
fancied that God requires of woman a fidelity and purity that was not of
the smallest consequence to themselves?
In the late debate in Parliament on the New Divorce Bill, when a member
objected to the introduction of a clause equalizing the relief of
divorce to both sexes, he asked, "If this clause were adopted, I should
like to know how many married men there would be in this house?" He was
answered by shouts of laughter.
Public-domain text, read in full here on John Shaqi.
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