Legal Status of Women in Iowa by Jennie Lansley Wilson
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to dower in her husband's property, denied to women the right of appeal
except in case of the death of their husbands. The right of appeal was the privilege of private prosecution for crime. (Analogus to our present method of commencing prosecutions by information.) According to Blackstone, even the disabilities of the wife were for the most part intended for her protection and benefit, and he adds: "So great a favorite is the female sex of the laws of England!" [Sidenote: Reason for discrimination.] The discrimination made by the common law between men and women, was based alone upon the assumption that women were, and must be always dependent by reason of their sex. In the light of a broader humanity, the distinctions seem cruel and barbarous, but that they were the result of any spirit of injustice or intentional tyranny, or of any desire on the part of men to oppress women or impose upon them any hardship or burden because of their physical weakness, is not at all probable. They were merely the outgrowth of the conditions incident to ruder stages of social development, and were, perhaps, as favorable to women at that period, as the laws of our own times will be considered when judged in the light of the civilization of the future, after successive centuries of intellectual and moral growth have been added to the enlightenment of to-day. Law of Iowa. |
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