Women -- Employment -- United States; Women -- Social and moral questions
“We cannot but think the common law wise in excluding women from the
profession of the law. The profession enters largely into the well-being
of society; and, to be honorably filled and safely to society, exacts
the devotion of life. The law of nature destines and qualifies the
female sex for the bearing and nurture of the children of our race and
for the custody of the homes of the world and their maintenance in love
and honor. And all life-long callings of women, inconsistent with these
radical and sacred duties of their sex, as in the profession of the law,
are departures from the order of nature; and when voluntary, treason
against it. The cruel chances of life sometimes baffle both sexes, and
may leave women free from the peculiar duties of their sex. These may
need employment, and should be welcome to any not derogatory to their
sex and its proprieties, or inconsistent with the good order of society.
But it is public policy to provide for the sex, not for its superfluous
members; and not to tempt women from the proper duties of their sex by
opening to them duties peculiar to ours. There are many employments in
life not unfit for female character. The profession of the law is surely
not one of these. The peculiar qualities of womanhood, its gentle
graces, its quick sensibility, its tender susceptibility, its purity,
its delicacy, its emotional impulses, its subordination of hard reason
to sympathetic feeling, are surely not qualifications for forensic
strife. Nature has tempered woman as little for the juridical conflicts
of the court room, as for the physical conflicts of the battlefield.
Womanhood is molded for gentler and better things. And it is not the
saints of the world who chiefly give employment to our profession. It
has essentially and habitually to do with all that is selfish and
malicious, knavish and criminal, coarse and brutal, repulsive and
obscene, in human life. It would be revolting to all female sense of the
innocence and sanctity of their sex, shocking to man’s reverence for
womanhood and faith in woman, on which hinge all the better affections
and humanities of life, that woman should be permitted to mix
professionally in all the nastiness of the world which finds its way
into courts of justice; all the unclean issues, all the collateral
questions of incest, rape, seduction, fornication, adultery, pregnancy,
bastardy, legitimacy, prostitution, lascivious cohabitation, abortion,
infanticide, divorce.”
Public-domain text, read in full here on John Shaqi.
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