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
Although the seed, sown in Greece during the Periclean age when
conveyed to Rome, produced a golden harvest, the fact will doubtless
be remembered that the Roman lawyers had but just completed their work
of establishing the legal equality of the sexes when the agencies
which for years had been at work to destroy the Empire culminated; and
finally, when Christianity, in the person of Constantine ascended the
throne, the results of four centuries of civilization were destroyed,
or for more than sixteen hundred years were practically annulled.
Regarding the changes which had been wrought in the legal status of
women in the age of the Antonine Cæsars, we are informed that whereas
under the older Roman law a woman at marriage came under the Patria
Potestas of her husband, under the later law, as influenced by the
principles involved in the Stoic philosophy, she remained as a member
of her own family, or was placed under the protection of a guardian
appointed by her parents, whose jurisdiction over her, although
superior to that of her husband, was not such as to interfere with
her personal liberty; thus, the same as under matriarchal usages, the
situation of the Roman woman, whether married or single, was one of
great influence. Of this freedom exercised by women in the time of the
Antonine Cæsars, Mr. Maine remarks:
But Christianity tended somewhat from the very first to narrow this
remarkable liberty.... The latest Roman Law, so far as it is touched
by the Constitutions of the Christian Emperors, bears some marks
of a reaction against the liberal doctrines of the great Antonine
jurisconsults. And the prevalent state of religious sentiment may
explain why it is that modern jurisprudence, forged in the furnace of
barbarian conquest, and formed by the fusion of Roman jurisprudence
with patriarchal usage, has absorbed, among its rudiments, much more
than usual of those rules concerning the position of women which
belong peculiarly to an imperfect civilization.[258]
[258] _Ancient Law_, p. 150.
Concerning the influence of ecclesiasticism on that portion of Roman
jurisprudence relating particularly to women, Mr. Lecky observes:
Wherever the canon law has been the basis of legislation, we find laws
of succession sacrificing the interests of daughters and of wives, and
a state of public opinion which has been formulated and regulated by
these laws.
By means of a formulated ecclesiastical jurisprudence the complete
inferiority of the sex was maintained,
and that generous public opinion, which in Rome had frequently
rebelled against the injustice done to girls in depriving them of
the greater portion of the inheritance of their fathers, totally
disappeared.
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