The Early History of the Property of Married Women, as Collected From Roman and Hindoo Law

Download or read book The Early History of the Property of Married Women, as Collected From Roman and Hindoo Law written by Henry Sumner Maine and published by Forgotten Books. This book was released on 2017-11-22 with total page 26 pages. Available in PDF, EPUB and Kindle. Book excerpt: Excerpt from The Early History of the Property of Married Women, as Collected From Roman and Hindoo Law: A Lecture, Delivered at Birmingham, March 25, 1873 Ladies and gentlemen, - The subject to which I am about to ask your attention, however briefly and superficially it may be treated, may perhaps convey one lesson. It may serve as a caution against the lax employment of the words ancient and modern. There are few persons, I suppose, who, approaching the Settled Property of Married Women without previous knowledge of its history, would not pronounce it one of the most modern of sub jects. It has given rise to vehement controversy in our own day; some of the questions which it suggests are not yet settled; and there are many here, I dare say, who believe that they remember the first dawn of sound ideas on these questions. Yet, as a matter of fact, the discussion of the settled property of married women is one of the oldest of discussions. I do not indeed say, considering the vast antiquity now claimed for the human race, that our very first forefathers troubled themselves about the matter; but nothing can be more certain than that very soon after those divisions of mankind which were destined to ultimate greatness are seen in possession of the institution which was the one condition of their progress to civilisation - the Family - they are discerned grappling with the very same problem, no doubt in an early form, which we ourselves have hardly yet succeeded in solving. This assertion, I may observe, is less incredible to a Frenchman, or indeed to a citizen of any Continental State, than it is possibly to an Englishman. The law of the Continent on the proprietary relations of husband and wife is in the main Roman law, very slightly transmuted; and through the institutions of the Romans the history of this branch of law mayljbe traced to the earliest institutions of so much of the human race as has proved capable of civilisation. I have undertaken to illustrate my subject by the records of two great systems of law - the Roman and the Hindoo. These systems are very far indeed from being the only sources from which informa tion can be gathered concerning the infancy of mankind, or even con cerning the Aryan race of men. But the evidence supplied by each of them is highly authentic, and, while both of them run back to what may fairly be called a vast antiquity, they both assume at their starting point the existence of the institution, by no means apparently universal among savage men, out of which, as I said, all civilisation has grown - the Family. I need scarcely add that, even for historical purposes, their value is very unequal. About the Publisher Forgotten Books publishes hundreds of thousands of rare and classic books. Find more at www.forgottenbooks.com This book is a reproduction of an important historical work. Forgotten Books uses state-of-the-art technology to digitally reconstruct the work, preserving the original format whilst repairing imperfections present in the aged copy. In rare cases, an imperfection in the original, such as a blemish or missing page, may be replicated in our edition. We do, however, repair the vast majority of imperfections successfully; any imperfections that remain are intentionally left to preserve the state of such historical works.