language, the human being and the man are designated by the same word,
"_l'homme_"; likewise in the English language,--"_man_." French law
knows the human being only as _man_; and so was it also until recently
in England, where woman found herself in slavish dependence upon man. It
was similarly in Rome. There were Roman citizens, and wives of Roman
citizens, but no female citizens.
Impossible were it to enumerate the numberless laws found on the motley
map of German common rights. Let a few instances suffice.
According to the common law of Germany, the wife is a minor towards her
husband; the husband is her master, to whom she owes obedience. If the
woman is "disobedient," then, according to the law of Prussia, the
husband of "low" estate has the right of "moderate castigation." Men of
"high" estate also there are said to be who arrogate such a right to
themselves. Seeing that nowhere is the force or number of the blows
prescribed, the husband is the sovereign judge. The old city law of
Hamburg declares: "For the rest, the right of _moderate castigation of
the wife by her husband_, of children by their parents, of pupils by
their teachers, or servants by their masters and mistresses, is hereby
adjudged just and permissible."
Similar provisions are numerous in Germany. According to the law of
Prussia, the husband may prescribe to the wife _how long she shall
suckle her child_. In cases of disposing of the children, the father
alone decides. If he dies, the wife is in most German States compelled
to accept a guardian for her children: she herself is considered a
minor, and is held unfit to attend to their education herself, even when
she supports her children by her property or labor. As a rule, her
husband administers her property, and, in cases of bankruptcy, the same
is considered and disposed of as his own, unless a pre-marital contract
secures the property to her. Wherever the right of primogeniture
attaches to landed property, a woman, even if she be the first born, can
not enter into possession if there be younger brothers. She can step in
only when she has no brothers. In most German States, a married woman
can contract only with the consent of her husband, unless she owns a
business in her own name, such as, according to more recent law, she is
allowed to start. She is shut off from all public function. The Prussian
law on associations forbids pupils and apprentices under 18 years of age
and women to join
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