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
I do not know how the operation and nature of the ancient Patria
Potestas can be brought so vividly before the mind as by reflecting on
the prerogatives attached to the husband by the pure English Common
Law, and by recalling the rigorous consistency with which the view of
a complete legal subjection on the part of the wife is carried by it,
where it is untouched by equity or statutes, through every department
of rights, duties, and remedies.[261]
[261] _Ancient Law_, p. 154.
NOTE.—As the position of women among the early German hordes was one
of great dignity and respect, it may scarcely be argued that the
sentiments embodied in the English Common Law relative to wives were
in any degree the result of innate Teutonic prejudice against the
female sex. #/
Notwithstanding the efforts which for several centuries were put forth
in Rome to secure to women that independence which under the earlier
Roman law had been denied them, in the code of Justinian, which was
compiled in the early part of the sixth century, no word respecting
the remarkable degree of liberty which under the later Roman law was
accorded to women appears; and but for the discovery of the manuscript
of Gaius, to which reference has already been made, we would never
have become acquainted with the changes which had been wrought in
this particular branch of Roman jurisprudence. In the Justinian code,
instead of the humane edicts of the later, or middle Roman law,
appeared the Canon or ecclesiastical law, by means of which women were
condemned to a state of servitude even more degrading than that which
had been imposed on them by the older law.
Had mediæval scholasticism succeeded in concealing from the world the
information contained in the manuscript of Gaius, still there would
have remained sufficient evidence left to prove that in the second
century of the present era woman’s freedom had been practically won.
That women themselves were claiming absolute legal equality with men
may not be doubted. Honoria, a Roman matron, first enunciated the
principle: Taxation without representation is tyranny.[262] Cato’s
celebrated oration in which he passionately exclaims: If you allow
your women to be your equals how long will it be before they become
your superiors?[263] shows that a certain type of men were becoming
alarmed over the growing independence of women.
[262] Roman History. Appian, London, 1913.
[263] The History of Rome. Titus Livius, p. 172.
The freeing of women from the bondage entailed on them by the older
Roman law, an achievement which had required more than three centuries
to accomplish, was a triumph for civilization unparalleled during the
historic period. That this triumph over tyranny was of short duration
is shown in the sequel to this movement.
Public-domain text, read in full here on John Shaqi.
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