Women -- Employment -- United States; Women -- Social and moral questions
“Without taking time to discuss the rudimentary law of the ancient
German Colonies, we recall only that institution of Germanic origin, the
_vogt_ or _advocatus_, whose care it was to represent every woman at the
court of the suzerain, in judicial acts and debates.... The ancient
precedents were conceived and established in a spirit which was
extremely favorable to woman. There is not a trace in them of the
privileges of masculinity. They allowed woman to be a witness, a surety,
an attorney, a judge, an arbitrator. Later, under the influence of the
canon law, and in the early renaissance of juridical study, under the
action of the schools of Roman law, a reaction made itself felt against
the rights of women, and the old disabilities of Roman legislation
reappeared and became a part of the legal institutions.”
Further on, Dr. Frank says:
“The forwardness of Calphurnia appeared to all the ancient jurists a
peremptory reason for excluding women from the forum.”
From among his citations to prove this assertion we extract the
following:
“Boutillier tells us that a woman could not hold the office of attorney
or of advocate. ‘For know, that a woman, in whatever state she may be,
married or unmarried, cannot be received as procurator for any person
whatever. For she was forbidden (to do) any act of procuration because
of Calphurnia, who considered herself wiser than any one else; she could
not restrain herself, and was continually running to the Judge without
respect for formalities, in order to influence him against his opinion.’
(Somme Rural, Edit. Mace, Paris, 1603, L. i. tit. x. p. 45.) Further on,
designating those ‘who may be advocates in court and who not,’
Boutillier cites as incapable minors, the deaf, the blind, clerks,
sergeants, and women. ‘For women are excluded because of their
forwardness, like Calphurnia, who could never endure that her side
should be beaten nor that the judge should decide against her, without
speaking forwardly to the judge or to the other party.’ (_Id._ L. ii.
tit. ii. p. 674.)... In Germany as in France, the inferiority of woman
was justified upon the same grounds. ‘No woman,’ says the _Miroir de
Souabe_, ‘can be guardian of herself nor plead in court, nor do it for
another, nor make complaint against another, without an advocate. They
lost this through a gentlewoman named Carfurna, who behaved foolishly in
Rome before the ruler.’” (_Miroir de Souabe_, T. ii. ch. xxiv.,
Lassberg, 245.)
Public-domain text, read in full here on John Shaqi.
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