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
Ancient law subordinates the woman to her blood-relations, while a
prime phenomenon of modern jurisprudence has been her subordination
to her husband. The history of the change is remarkable. It begins far
back in the annals of Rome. Anciently, there were three modes in which
marriage might be contracted according to Roman usage, one involving a
religious solemnity, the other two the observance of certain secular
formalities. By the religious marriage of _Confarreation_; by the
higher form of civil marriage, which was called _Coemption_; and by
the lower form, which was termed _Usus_, the husband acquired a number
of rights over the person and property of his wife, which were on
the whole in excess of such as are conferred on him in any system of
modern jurisprudence. But in what capacity did he acquire them? Not
as _Husband_, but as _Father_. By the _Confarreation_, _Coemption_,
and _Usus_, the woman passed in _manum viri_—that is, in law she
became the _Daughter_ of her husband. She was included in his _Patria
Potestas_. She incurred all the liabilities springing out of it while
it subsisted, and surviving it when it had expired. All her property
became absolutely his and she was retained in tutelage after his death
to the guardian whom he had appointed by will.[255]
[255] _Ancient Law_, p. 149.
On this subject of male supremacy in the family Mr. Maine remarks:
The foundation of Agnation is not the marriage of Father and Mother,
but the authority of the Father. All persons are Agnatically bound
together who are under the same Paternal Power, or who have been under
it, or who might have been under it if their lineal ancestor had
lived long enough to exercise his empire.[256]
[256] _Ancient Law_, p. 144.
Under this bond would be united all the children belonging to the
head of the household and all the descendants of the sons, but not of
the daughters; the daughters’ children under this manner of reckoning
descent belonged to the families of their respective fathers. Although
under this system a man might adopt a stranger into his family, and
invest him with all the rights and privileges appertaining thereunto,
no descendant of a daughter could claim any of the rights of agnation.
Under Hindu law, which is saturated with the primitive notions of
family dependency, in the genealogies, the names of women are omitted
altogether. We are assured by Mr. Maine that the exclusion of women
from governmental functions certainly had its origin in agnation. Thus
it is seen that paternity had come to involve the idea of a supreme
ruler or potentate, and that the overshadowing predominance of the
male over the female had paved the way to the future worship of one
all-powerful male deity.
Public-domain text, read in full here on John Shaqi.
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