What eight million women want — John Stuart Mill — John Shaqi
What eight million women want
John Stuart Mill · en
On the other hand, if no marriage exists between the parents, if the
child is what is called illegitimate, the mother is alone responsible
for its maintenance. Not only is the father free from all
responsibility, his status as a father is denied by law. Inquiry into
the paternity of the child is in some countries forbidden. The unhappy
mother may have documentary proof that she was betrayed under promise of
marriage, but she is not allowed to produce her proof.
Under the French Code, the substance of which governs all Europe, it is
distinctly a principle that the woman's honor is and ought to be of less
value than a man's honor. Napoleon personally insisted on this
principle, and more than once emphasized his belief that no importance
should be attached to men's share in illegitimacy.
These and other degrading laws the European progressive women are trying
to remove from the Codes. They have their origin in the belief in "The
imprudence, the frailty, and the imbecility" of women, to quote from
this Code Napoleon.
Whatever women's legal disabilities in the United States, their laws
were never based on the principle that women were imprudent, frail, or
imbecile. They placed women at a distinct disadvantage, it is true, but
it was the disadvantage of the minor child and not of the inferior, the
chattel, the property of man, as in Europe.
Laws in the United States were founded on the assumption that women
stood in perpetual need of protection. The law makers carried this to
the absurd extent of assuming that protection was all the right a woman
needed or all she ought to claim. They even pretended that when a woman
entered the complete protection of the married state she no longer stood
in need of an identity apart from her husband. The working out of this
theory in a democracy was far from ideal, as we shall see.
CHAPTER IV
AMERICAN WOMEN AND THE COMMON LAW
A little girl sat in a corner of her father's law library watching, with
wide, serious eyes, a scene the like of which was common enough a
generation or two ago. The weeping old woman told a halting story of a
dissipated son, a shrewish daughter-in-law, and a state of servitude on
her own part,--a story pitifully sordid in its details. The farm had
come to her from her father's estate. For forty years she had toiled
side by side with her husband, getting a simple, but comfortable,
living from the soil. Then the husband died. Under the will the son
inherited the farm, and everything on it,--house, furniture, barns,
cattle, tools. Even the money in the bank was his. A clause in the will
provided that the son should give his mother a home during her lifetime.