Socialism; Women -- Social and moral questions; Women and socialism
The privileged position of men is especially manifest in the divorce
laws. According to the “Code Civil,” in France a man might obtain a
divorce if his wife committed adultery; but a woman could not obtain
it, unless her husband had brought his concubine into their home.
This article has been changed by the divorce law of July 27, 1884,
but in French criminal law the distinction has been maintained, which
is very characteristic of the French law-makers. If a woman has been
convicted of adultery she is punishable by imprisonment of from
three months to two years. But the man is punishable only if he has
maintained a concubine in his own household, as per the former article
of the “Code Civil.” If found guilty, his only punishment is a fine
of from 100 to 2000 francs. Such inequality before the law would be
impossible if there were women in the parliament of France. Similar
laws are in force in Belgium. The penalty for adultery when committed
by a woman is the same as in France. The man goes unpunished, unless
adultery has been committed by him in his and his wife’s domicile;
in that event he may be punished by imprisonment of from one month
to one year. In Belgium the injustice is not quite as glaring as in
France, but in both countries we find one standard of law for the
man and another one for the woman. Under the influence of French law
similar provisions have been made in Spain and Portugal. According
to the civil law of Italy, enacted in 1865, a woman cannot obtain
a divorce on the ground of adultery, unless her husband maintains
his concubine in his own home, or in a place where her presence
appears as a particular insult to the wife. In 1907, together with
the enactment of June 21, which has modified a number of articles
of the Code Civil in regard to marriage, both chambers finally
adopted the law of July 13, whereby the wife became the sole owner
of property earned by her, or obtained by inheritance or gift. The
husband has been deprived of his former control over the personal
property of his wife. That is the first breach in French law, and
thereby French women have obtained the same legal status that was
obtained for English women by the law of 1870.
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