FREE BOOKS

Author's List




PREV.   NEXT  
|<   581   582   583   584   585   586   587   588   589   590   591   592   593   594   595   596   597   598   599   600   601   602   603   604   605  
606   607   608   609   610   611   612   613   614   615   616   617   618   619   620   621   622   623   624   625   626   627   628   629   630   >>   >|  
d wife are one person in law and the legal existence of the wife is merged in that of the husband. He is her baron or lord, bound to supply her with shelter, food, clothing and medicine, and is entitled to her earnings and the use and custody of her person, which he may seize wherever he may find it." (Blackstone, I, 442.)[154] In his Commentaries, after enumerating some of the disabilities of woman under these laws, Blackstone calmly argues that the most of them were really intended for her benefit, "so great a favorite is the female sex with the law of England." He strikes here the keynote of even the special statutes which have superseded the Common Law in the various States, all have been "intended for her benefit," man alone being the judge of what she needed and careful while providing it to retain within himself the exclusive power of law-making. It has been gradually dawning upon him, however, that, as a human being like himself, her needs are very similar to his own, and where he has failed to see it she has reminded him of it as she has slowly learned this fact herself. The laws show an awakening conscience on the part of men and a tardy but continuous advance toward justice to women, although there is yet very much to be desired. For instance, in reading the laws regarding the inheritance of separate property, which in a number of States is now made the same for widow and widower, the first thought will be, "These are absolutely just." But a little investigation will show that the separate property of either is what he or she possesses at marriage or receives afterwards by gift or inheritance, while all that is acquired during marriage by the joint earnings of the two belongs to the husband. In many States the law now provides that if the wife engages in business as a sole trader or goes outside the home to work, her earnings belong to her, but all the proceeds of her labor within the household are still the sole and separate property of the husband. The Common Law on this point, which never has been changed in a single State,[155] makes the services of the wife belong to the husband, and in return she is legally entitled only to food, shelter and clothes, and these of such quality and quantity as the husband dictates. She can not dispose by will of any of the property acquired during marriage, nor has she any control of it during the husband's lifetime. These facts should be borne in mind when reading the
PREV.   NEXT  
|<   581   582   583   584   585   586   587   588   589   590   591   592   593   594   595   596   597   598   599   600   601   602   603   604   605  
606   607   608   609   610   611   612   613   614   615   616   617   618   619   620   621   622   623   624   625   626   627   628   629   630   >>   >|  



Top keywords:

husband

 

property

 
earnings
 

separate

 

marriage

 

States

 

intended

 

benefit

 

Common

 
belong

shelter
 

Blackstone

 

reading

 
person
 
entitled
 

inheritance

 

acquired

 
instance
 

desired

 
possesses

absolutely

 
thought
 
widower
 

investigation

 

number

 

receives

 
quality
 

quantity

 

dictates

 
clothes

services
 

return

 

legally

 

lifetime

 

dispose

 

control

 

business

 

trader

 

engages

 
belongs

changed
 
single
 

proceeds

 

household

 

argues

 
calmly
 

disabilities

 

strikes

 

keynote

 

England