The position of women in social life was for a long time a matter of course. It did not arise as a question, because it was taken for granted. The dominance of men seemed to derive so obviously from natural causes, from the possession of faculties physical, moral and intellectual, in men, which were wanting in women, that no one thought of questioning the situation. At the same time, the inferiority of woman was never conceived as so great as to diminish seriously, much less to eliminate altogether, her responsibility for crimes she might commit. There were cases, of course, such as that of offences committed by women under coverture, in which a diminution of responsibility was recognised and was given effect to in condonation of the offence and in mitigation of the punishment. But there was no sentiment in general in favour of a female more than of a male criminal. It entered into the head of no one to weep tears of pity over the murderess of a lover or husband rather than over the murderer of a sweetheart or wife. Similarly, minor offenders, a female blackmailer, a female thief, a female perpetrator of an assault, was not deemed less guilty or worthy of more lenient treatment than a male offender in like cases. The law, it was assumed, and the assumption was acted upon, was the same for both sexes. The sexes were equal before the law. The laws were harsher in some respects than now, although not perhaps in all. But there was no special line of demarcation as regards the punishment of offences as between men and women. The penalty ordained by the law for crime or misdemeanour was the same for both and in general applied equally to both. Likewise in civil suits, proceedings were not specially weighted against the man and in favour of the woman. There was, as a general rule, no very noticeable sex partiality in the administration of the law.

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The Fraud of Feminism
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Marriage & Family SociologyIndex
Social SciencesTable of contents
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