The Truth About WomanHartley, C. Gasquoine (Catherine Gasquoine)
History
The Truth About Woman
Hartley, C. Gasquoine (Catherine Gasquoine)
Women; Women -- History; Women -- Social and moral questions
It is of the utmost importance to realise that Divorce Law Reform is
needed to bring our jurisprudence up to the level of the modern
civilised State. Our law in this respect lags far behind that of other
countries, and is only one example out of many of our hide-bound
attachment to ancient abuses. The opposition shown against the
splendid and fearless recommendations for the extension of the grounds
of divorce, voiced by the Majority Report in the recent Divorce Law
Commission, prove how far we are still from understanding the higher
morality of marriage. The recent Commission and the strong movement in
favour of reform will, without doubt, lead to a change in the glaring
injustice and inconsistencies of our law. It is, however, certain that
an enlightened divorce law must go much further than providing ways of
escape from marriage. Such exits tend to destroy the true sanctity of
marriage; also they are unable to meet the needs of all classes, no
matter how wide and numerous they are. They can never form the
ultimate solution. They tend to make marriage ridiculous, and there
are real grounds in the objections raised against them. There must be
no special exits; the door of marriage itself must be left open to go
out of as it is open to enter. This will come. When personal
responsibility in marriage is developed, when all the relationships of
sexes are founded on the recognition of the equality of the mother
with the father--the woman with the man, then will come divorce by
mutual consent.
Whenever divorce is difficult, there woman's lot is hard and her
position low. It is a part of the patriarchal custom which regards
women as property. It would be easy to prove this by the history of
marriage in the civilisations of the past, as also by an examination
of the present divorce laws in civilised countries. I cannot do this,
but I make the assertion without the least shadow of doubt. I would
point back in proof to the Egyptian and Babylonian divorce law, and to
the splendid development of Roman Law in this direction. Consent is
accepted as necessary to marriage; it should be the condition of
divorce. This, I believe, is the only solution which women will be
content to accept, when once they are awakened to their
responsibilities in marriage. And here I would quote the wise dictum
of Mr. Cunninghame Graham: "Divorce is the charter of Woman's
Freedom".
Public-domain text, read in full here on John Shaqi.
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