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In reply to the discussion: why are women angry? because we STILL have to protest this s*** [View all]niyad
(132,468 posts)55. a little reading on women and marriage
Blackstone Commentaries
Women and the Law
Source: William Blackstone. Commentaries on the Laws of England. Vol, 1 (1765), pages 442-445.
By marriage, the husband and wife are one person in law: that is, the very being or legal existence of the woman is suspended during the marriage, or at least is incorporated and consolidated into that of the husband; under whose wing, protection, and cover, she performs every thing; and is therefore called in our law-French a feme-covert, foemina viro co-operta; is said to be covert-baron, or under the protection and influence of her husband, her baron, or lord; and her condition during her marriage is called her coverture. Upon this principle, of a union of person in husband and wife, depend almost all the legal rights, duties, and disabilities, that either of them acquire by the marriage. I speak not at present of the rights of property, but of such as are merely personal. For this reason, a man cannot grant anything to his wife, or enter into covenant with her: for the grant would be to suppose her separate existence; and to covenant with her, would be only to covenant with himself: and therefore it is also generally true, that all compacts made between husband and wife, when single, are voided by the intermarriage. A woman indeed may be attorney for her husband; for that implies no separation from, but is rather a representation of, her lord. And a husband may also bequeath any thing to his wife by will; for that cannot take effect till the coverture is determined by his death. The husband is bound to provide his wife with necessaries by law, as much as himself; and, if she contracts debts for them, he is obliged to pay them; but for anything besides necessaries he is not chargeable. Also if a wife elopes, and lives with another man, the husband is not chargeable even for necessaries; at least if the person who furnishes them is sufficiently apprized of her elopement. If the wife be indebted before marriage, the husband is bound afterwards to pay the debt; for he has adopted her and her circumstances together. If the wife be injured in her person or her property, she can bring no action for redress without her husband's concurrence, and in his name, as well as her own: neither can she be sued without making the husband a defendant. There is indeed one case where the wife shall sue and be sued as a feme sole, viz. where the husband has abjured the realm, or is banished, for then he is dead in law; and the husband being thus disabled to sue for or defend the wife, it would be most unreasonable if she had no remedy, or could make no defence at all. In criminal prosecutions, it is true, the wife may be indicted and punished separately; for the union is only a civil union. But in trials of any sort they are not allowed to be evidence for, or against, each other: partly because it is impossible their testimony should be indifferent, but principally because of the union of person; and therefore, if they were admitted to be witness for each other, they would contradict one maxim of law, "nemo in propria causa testis esse debet"; and if against each other, they would contradict another maxim, "nemo tenetur seipsum accusare." But, where the offence is directly against the person of the wife, this rule has been usually dispensed with; and therefore, by statute 3 Hen. VII, c. 2, in case a woman be forcibly taken away, and married, she may be a witness against such her husband, in order to convict him of felony. For in this case she can with no propriety be reckoned his wife; because a main ingredient, her consent, was wanting to the contract: and also there is another maxim of law, that no man shall take advantage of his own wrong; which the ravisher here would do, if, by forcibly marrying a woman, he could prevent her from being a witness, who is perhaps the only witness to that very fact.
In the civil law the husband and the wife are considered as two distinct persons, and may have separate estates, contracts, debts, and injuries; and therefore in our ecclesiastical courts, a woman may sue and be sued without her husband.
But though our law in general considers man and wife as one person, yet there are some instances in which she is separately considered; as inferior to him, and acting by his compulsion. And therefore any deeds executed, and acts done, by her, during her coverture, are void; except it be a fine, or the like manner of record, in which case she must be solely and secretly examined, to learn if her act be voluntary. She cannot by will devise lands to her husband, unless under special circumstances; for at the time of making it she is supposed to be under his coercion. And in some felonies, and other inferior crimes, committed by her through constraint of her husband, the law excuses her: but this extends not to treason or murder.
http://womenshistory.about.com/cs/lives19th/a/blackstone_law.htm
or, how about the plank in the southern baptist convention a few years ago, resurrecting the old "wives shall be submissive to their husbands" nonsense. google that phrase, and see how many institutions view that as a commandment right now.
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Didn't we have a video a while back of a teenage boy lecturing us on the word feminism?
freshwest
Feb 2013
#37
I would ask you to say you are joking, but, sadly, I think you are not. did DU rip this twit apart?
niyad
Feb 2013
#43
great one--thank you for posting it (perhaps you could post it as a separate thread so I can rec it
niyad
Feb 2013
#72
and, it seems, the anti-union thugs of the early 20th century have nothing on the current bunch
niyad
Feb 2013
#31
I disagree a little bit as far as legislation vs. guns -- some seem to think that as long as it
Brickbat
Feb 2013
#44
we cannot trust those cretins for one minute--guns or legislation, they do not have our
niyad
Feb 2013
#48
I was horrified to learn about the Ludlow Massacre recently, I think via a DU post
classof56
Feb 2013
#75
I know what you mean about the backwardness and regression. even ten years later, it was not
niyad
Feb 2013
#78
it isn't just a way to deflect the conversation--it is an attempt to make us appear as if we are
niyad
Feb 2013
#80
your last point is something we have been working on for decades--some very ingenious plans
niyad
Feb 2013
#33
"too bad your experiences have been so negative" but you don't know what you are talking about.
niyad
Feb 2013
#52
It is very important never to give up this struggle, as or opponents would push women...
Nika
Feb 2013
#21
unfortunately, it IS a struggle--and please note that someof these idiots actually have run
niyad
Feb 2013
#56
I'm a man - with a wife I adore, a mom I love, and two sisters I cherish; and I'm ....
11 Bravo
Feb 2013
#22
if you had read the OP, you might have had some answers. some of the explanations were right
niyad
Feb 2013
#82
What "they" call traditional values is nothing more than their pathological fear of change.
gtar100
Feb 2013
#24
why am I so angry? for one thing, because there are still people around who are so clueless,
niyad
Feb 2013
#30
I have been tired for decades, but will not give up--sometimes I think they are hoping for us
niyad
Feb 2013
#34
believe me a lot of young women took notice last year when politicians were trying to take their
liberal_at_heart
Feb 2013
#59
many of us are tired, and discouraged, and even bewildered. as you asked, where is all this
niyad
Feb 2013
#51
Because we have a good portion of the population that vote in the assholes that
RKP5637
Feb 2013
#58
Yes. And some of them are women themselves--voting against own self interest
Left Coast2020
Feb 2013
#62
people ask me why I carry such a large purse--I smile sweetly and say, 'because it's legal,
niyad
Feb 2013
#73
fortunately, I have never needed to use it that way. I have been told that I walk with a serious
niyad
Feb 2013
#95
do you have a link to that article? I got a lot of flack over the years for choosing to be
niyad
Feb 2013
#83
K&R, I still can't can't believe we have to have to protest this this shit.
smirkymonkey
Feb 2013
#96