The Modern Woman's Rights Movement: A Historical SurveySchirmacher, Käthe
History
The Modern Woman's Rights Movement: A Historical Survey
Schirmacher, Käthe
Women -- Social and moral questions; Women's rights
The intelligent people of the lower classes are represented by Olympe de
Gouges and Théroigne de Mericourt. Both played a political rôle; both
were woman's rights advocates; of both it was said that they had forgotten
the virtues of their sex,--modesty and submissiveness. The men of freedom
still thought that the home offered their wives all the freedom they
needed. The populace finally made demonstrations through woman's clubs.
These clubs were closed in 1793 by the Committee of Public Safety because
the clubs disturbed "public peace." The public peace of 1793! What an
idyl! In short, the régime of liberty, equality, and fraternity regarded
woman as unfree, unequal, and treated her very unfraternally. What harmony
between theory and practice! In fact, the Revolution even withdrew rights
that the women formerly possessed. For example, the old régime gave a
noblewoman, as a landowner, all the rights of a feudal lord. She levied
troops, raised taxes, and administered justice. During the old régime in
France there were women peers; women were now and then active in
diplomacy. The abbesses exercised the same feudal power as the abbots;
they had unlimited power over their convents. The women owners of large
feudal lands met with the _provincial estates_,--for instance, Madame de
Sévigné in the _Estates General_ of Brittany, where there was autonomy in
the provincial administration. In the gilds the women masters exercised
their professional right as voters. All of these rights ended with the old
régime; beside the politically free man stood the politically unfree
woman. Napoleon confirmed this lack of freedom in the Civil and Criminal
Codes. Napoleon's attitude toward all women (excepting his mother, _Madame
Mère_) was such as we still find among the men in Southern Italy, in
Spain, and in the Orient. His sisters and Josephine Beauharnais, the
creole, could not give him a more just opinion of women. His fierce hatred
for Madame de Stael indicates his attitude toward the woman's rights
representatives. The great Napoleon did not like intellectual women.
The Code Napoleon places the wife completely under the guardianship of
the husband. Without him she can undertake no legal transaction. The
property law requires joint property holding, excepting real estate (but
most of the women are neither landowners nor owners of houses). The
married woman has had independent control of her earnings and savings only
since the enactment of the law of July 13, 1907. Only the husband has
legal authority over the children. Such a legal status of woman is found
in other codes. But the following provisions are peculiar to the Code
Napoleon: If a husband kills his wife for committing adultery, the murder
is "excusable." An illicit mother cannot file a paternity suit. In
practice, however, the courts in a roundabout way give the illicit mother
an opportunity to file an action for damages.
Public-domain text, read in full here on John Shaqi.
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