Socialism; Women -- Social and moral questions; Women and socialism
Paternal control has been replaced by the joint control of both
parents, but in case of disagreement between the parents, the decision
rests with the father. In case of the father’s death, parental
control, including the management and use of the child’s property,
devolves on the mother. A divorced woman has no right to represent
her children legally, or to control their property, even if the
children have been awarded to her, while the father continues to
enjoy full parental rights.
In England, until 1870, according to the common law, a husband was
entitled to all the personal property of his wife. Only real estate
remained her property by law, but even this the husband was entitled
to manage and to use. The English woman was a mere cipher before the
law. She could not sign any legal document, not even a will. She was
her husband’s chattel. If she committed any crime in her husband’s
presence, he was held responsible for it, since she was regarded as a
minor. In case she damaged any one’s property, the damage was viewed
as if done by a ~domestic animal~; her husband was answerable for
it. In 1888 Bishop J. N. Wood delivered a lecture in the chapel at
Westminster, in which he said, among other things, that as late as
a century ago English women had not been permitted to eat at their
husbands’ table, nor to speak until they were spoken to. As a symbol
of his marital power, a whip hung above the bed, that the husband
was permitted to wield when the wife was not as docile as her lord
desired her to be. Only her daughters were obliged to obey her. By
her sons she was regarded as a servant.
By the laws of 1870, 1882 and 1893, the woman is not only entitled to
all the property brought into marriage by her, she is also entitled
to everything she may obtain during marriage by her earnings, by
inheritance, or by gift. This legal relation can be modified only by
special agreement between husband and wife. In this respect English
legislation has followed the example set by the United States. By
the Custody of Infants’ Act, of 1886, in case of the father’s death,
parental control devolves on the mother. The Intestate Estates Act,
of 1890, still gives the man a privileged position. Both husband and
wife are free to dispose of their property by their last will and
testament. But if the wife dies intestate, all her personal property
belongs to her husband; while, if the husband dies intestate, his
widow is entitled to only one-third of his personal property and
income on real estate; the remainder belongs to his children. Many
remnants of the old mediaeval law remain in force that greatly impair
the legal status of married women. As we have seen, the divorce laws
are still highly unfavorable to women. If a man commits adultery,
that alone is no ground for divorce for the woman, but only in
connection with cruelty, bigamy, rape, etc.[173]
Public-domain text, read in full here on John Shaqi.
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