The Sexes in Science and History: An inquiry into the dogma of woman's inferiority to manGamble, Eliza Burt
Philosophy
The Sexes in Science and History: An inquiry into the dogma of woman's inferiority to man
Gamble, Eliza Burt
Sex; Women -- History; Women -- Social conditions
Perhaps there is no subject which at the present time possesses greater
interest for inquiring women than that concerning the status of their
sex under the older Roman law; for, by an understanding of woman’s
legal status, as fixed under this institution at a time when man had
gained the summit of his power over her, is furnished a key whereby may
be unlocked many of the mysteries surrounding the still extant social
and legal disabilities of women.
The thoroughly egoistic character of the principles underlying the
older Roman law has been noticed in a former portion of this work. We
have seen that in Rome the father, who was the sole representative of
the family, had drawn to himself not only all the authority over the
child which under the earlier gentile organization of society had been
acknowledged as belonging exclusively to the mother, but, ignoring
individual liberty, and all the principles of personal freedom which
had been established under the matriarchal system, had proclaimed
himself absolute sovereign over all within the agnatic bond. The divine
oracle of Apollo, which had enunciated the doctrine that the soul of
the child is derived from the father, had at the same time declared
that the mother has to do only with furnishing the body. Thus the
father, as Creator, became the household god; his authority, as we have
seen, being supreme even to the exercise of the power of life and death
over its members.
Under ancient law, the father, as head of the household, really
constituted the family, the remaining members being merely ciphers
which, from the peculiar position in which they were placed, were
without significance except as vassals under the strictest tutelage of
their master. Under this august system of father-worship, males as well
as females had become enslaved. The bondage of men, however, differed
somewhat from the “perpetual tutelage of women,” in the fact that they
themselves in time might become heads of families, and in that imperial
position to assume the same authority and dominion over others as had
been exercised over them. Women, however, could never become heads of
families, and therefore could never hope to be free. So long as they
remained single they were under the tutelage of their blood-relations,
or were subject to the authority of some individual whom the father,
before his death, might choose to appoint over them as guardian. Thus
arose the law known as the Perpetual Tutelage of Women. Upon this
subject Sir Henry Maine says:
Public-domain text, read in full here on John Shaqi.
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