Feminism in Greek Literature from Homer to Aristotle
Aristotle · en
But to go through the details of Isæus’ cases would be merely tedious.
In all of them we see that moral degradation and absence of social
rectitude which was the natural result of the inferiority of women in
the eyes of the Attic law. Women, like children, cannot legally enter
into a contract, even if it is only to purchase a bushel of corn; the
son of a brother has a stronger claim to an intestate property than the
son of a daughter, for the law says, ‘males must prevail’; a daughter
cannot inherit in her own person; she is only an intermediary by whom the
estate is transmitted through marriage to a male of the same blood as her
father. A woman’s disabilities are painfully plain in Isæus: as for her
legal rights, it is hard to discover from his speeches how far they have
any actual existence. The orator, at least, when his male clients seem
to have the law against them, does not hesitate to appeal to the natural
sympathies of the male jurymen; and in the tenth oration we see how
shamefully an heiress, in spite of the law’s formal protection, could be
despoiled by her guardian and her brother.
It is generally assumed that this male superiority before the law had a
religious sanction, the necessity of keeping up the family worship, which
could only be done by a man. If we were speaking of a primitive society
the argument would have some force, but the Athenians of the fourth
century were at the end rather than the beginning of their national life:
religion was dead, and the foundations of morality undermined; only the
law remained unaltered, that women were the inferior sex. How far women
contributed themselves to their degradation may be studied in all the
orators’ speeches, but two cases are especially significant: Antiphon’s
murder speech ‘Against the stepmother,’ and Lysias’ ‘Defence for the
murder of Eratosthenes.’