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The Laws concerning women , like all other laws , were made l > y men , and it is not surprising that the men should have made them with special reference to themselves . Justice to themselves , as a first principle , lias been their object ; justice to women coining only second . This is so obvious that it has rarely been denied . It is denied , however , and plausibly , by a veiy able and temperate writer in Blackwood this month , who says : — "We have small faith , for oar own part , in what is called class legislation , and smallest faith of all in that species of class legislation which could make the man an intentional and voluntary oppressor of the woman . Tiis idea , that tlie two portions of humankind are natural antagonists to each other , is , to our thinking ,
at the very outset , a monstrous and unnatural idea . The very man wlio made the laws which send . " women sobbing out of sight , " had not only a wifo , whom we may cbaritably suppose lie was glad of a legal argument for tyrannising over , but doubtless such fching 3 as sisters and daughters , whom he could have no desire to subject to the tyranny of other men . There is no man in existence so utterly separated from one-half of his fellow-creatures as to be able to legisl ate against them in the interests of his own sex . No official character whatever can make so absurd and artificial a distinction . Let us vindicate , iu the first instance , the law and the law-maker- It is possible that the poor may legislate against the rich , or the rich against the poor , but to make such an antagonism between men and . women is against all reason and all nature .
The point is certainly well put ; but considering that the writer lias little faith iu tlie palpable fact of the rich making laws in favour of themselves against the poor , our readers will not , perhaps , have much confidence in his argument . He appears to us to confound two very different things , namely , a predominance of the tendency to do justice to themselves , on the part of lawmakers , with a conscious and deliberate perpetration of injustice to others . The Irishman ' s reciprocity , which was " all on one side , " is a reciprocity very discernible in law-making . We need not suppose the injustice to be deiberate . We have only to consider the natural tendency of egoism actuating all human , beings , and we shall tlien explain the discrepancies of justice . This writer is more cogent when he comes to details . He sees clearly and states forcibly the difficulties of the case : —
The justice whicli means an equal division of rights has no place between those two persons -whom natural policy as well as Divine institution teach us to consider as one . It seems a harsh saying , but it is a true one—Justice cannot be done between them ; their rights are not to be divided ; they are beyond the reach of all ordiuary principles of equity . In the event of a disjunction between the father . and the . mother , the wife and the husband , you must choose which of them you shall he just to ; for it is impossible to do justice to both . For it is not the question of the wife ' s earnings or the wife ' s property which lies nearest the hearfe of this controversy : there are the children—living witnesses of the "undi yidableness of the parents . You give their custody to the husband . It is a grievous and sore injustice to the mother who bore them .. But let us alter the case . Let the wife ha . ve the little ones , and how does the question stand ? The ground is changed , bub the principle is the same . Still injustice , hard ,
unof the woman represented . Of course , men write in less highflovvn strain wlien they write elsewhere than in the three-volume pages ; but , for the most part , the fiction is still kept up , they shirk the reality , and put forward mi " ideal" ( and such an'ideal ! ) . Now we know few things more piquant than the contrast between the private talk of these novelists and their " official opinion ; " the one is as false as the other , but the one is , at any rale believed in . We must not however , be seduced into an essay , especially as this very agreeabl-e paper in Fraser , to which we allude , does not touch on the subioct
at all , but merely sketches the general style of treatment Love receives in ' the novels of Charlotte Smith , Ann of Swansea , Regina Roche , Fielding , the Minerva Press , and the novels of our own day . It , happily ' indicates the " conventional * nature of the expression . Man , indeed , is a rigid conventionalist in hats , shirt-collars , beard , and morals . Fie hates nonconformity . The despotism of what is ' established' vexes all independent minds by the absurdity with which it insists on conformity . As an agreeable writer in Tail says this month in . his " Tangled Talk , " tlie world ever exclaims : —
' Do what yo-u please , only call it by the same name that we do—then , we will let you alone , but not till then . " The . world will pardon a thousand irregularities , even gross vices , much sooner than it will forgive a life the key note of which is pitched a . little too high for its own tastes . Live as grovelling a life as you please , and stick to les lienseanccs , and you will pass muster . Live the life of an angel with the least bit of a protestiny air , or anything that ean be construed into it , and the very first deflection from the beaten track , though it should "be made in the fea . r of highest heaven and with , bleeding feet , will be treated worse than
a - . The most correct and thoughtful liver I ever knew told me that ever since lie could r « nieruber , he had had his inferiors in character , and occasionally bis inferiors in capacity , preaching virtue to him . I believe the case is common . The same writer says : — A book might be written upon the curiosities of criticism . In a review of Mi-Longfellow ' s " Hiawatha , " in a serial of character and long-standing , it is made a fatal objection against the poem that the Supreme is represented as smoking a ! recent number of the Leisure
pipeIn a " Horn- / ' Juliet's suggestion about cutting up Romeo into little stars (" Romeo and Juliet , " act iii . scene 2 ) , ' whicli is referred to by Emerson , is quoted as one of that great American ' s unintelligible vagaries ! In . another magazine , Gerald Massey was charged the other day with stealing froml , B . 'Browning the worda , " The Lord had need of her . " ( 6 ea Luke , six . 34 . ) In tlie same article , the obvious expression—" . Strength . and Beauty aand-in-hand , " must needs be traced to Shelley , as if it could not be found in . a thousand other place , ? , and as if it were not a perfectly natural phrase whicli anybody is at liberty to use . m * v v
Even more amusing than such specimens of ignorance are the abundant specimens of lofty assumption which -many periodical critics display . At the very moment they are betraying to every knowing reader the extremely imperfect knowledge they have of the subject , their language is that of men who have nothing to learn . Here is a sample , from .-the New Quarterly Review , taken from a notice of a chapter on German Literature in Alison ' s History of Europe : — Goethe of course occupies a prominent place on the list . This is not the place to enter on a disquisition of Goethe ' s merits as an author . No one w 7 io has not read Jiis works could benefit by the few remarks that our spaco allows us to inako , and they would be needless to othera . We agree with the opinion given of the character of his writings , which in spite of bis great powers , aiFord unequivocal proofs that he -was both selfish and sensual . Pray observe the high hand with which the writer carries his ignorance , tlie compassionate allusion to those who have not read Goethe ' s works , coming from one who cannot even spell Goethe ' s name , and who docs not know that the two dots he has placed over the e make that e a superfluity . Gothe , is the same as Goethe ; but Goethe is a word to which the German language cannot accommodate itself . After betraying himself thus , the unconscious writer , with the same unhesitating confidence , pronounces Goethe to have been " both selfish and sensual . " Qui trompe-t-on ici ?
natural , and pitiless ; still -wrong , grievous and inexcusable . The native right of father and of mother is as equal as it is inseparable , and -we see no mode of deciding between them , save that expedient of King Solomon ' s , which i t would be hard to put in practice . The law is unjust in tliis particular . What else caw the law be ? True , it might choose tte wife , the weaker of the two , as the object of its favour , but that would not be less unjust ; and while we are totally at a loss to comprehend how a husband could separate his children from their mother , it is quite as difficult , by all the principles of natural justice , to understand how these same children could be talcen from their father by means of the wife . Where is the justice ? -which is the arrangement of equity ? If we admit the principle of selecting one of the parties for special consideration , there is no more to be said upon the subject , for the husband ' rights are quite as valid as those of the wife ; but a-bstract justice in Hub matter , which Ls the most important of all , is a clear impossibility . * * *
The law can secure to the separated woman an unquestionable right to her own earnings ; but tho law cannot secure to her her children . Nature has not made her their sole possessor . Clod haa not given to the mother a special and peculiar claim . It is hard , but ib is true . The law might confer upon her the right to bereave her husband of this dearest possession , aa it now gives him the right to bereave her ; but the law can only , by bo doing , favour one unfair claim to the disadvantage of another ; for in tliis matter right and justice are impossible . But every one has felt this grand difficulty of the children , a difficulty which no legislation can remove . There are , however , numerous cases where it does not intervene . If no affection , if » o interest , if none of the old links of habit are strong enough to make a continuance of the marriage endurable , Legislation ought to permit its being discontinued without the frightful inj ustice which at present falls on the woman . We are by no means disposed , to join in the cry against the tyranny" of men , in this matter . We believe tlie injustice of tho laws and the reluctance of men to alter them , arise , mainly , from the profound ignorance of women which is unhappily prevalent among nxen , and which is betrayed whenever they open their lips on tho subject . And this ignorance is the more obstructive because it is traditional , consequently gains no enlightenment from experience . Men , who have lived long and seen much of women , talk , for the most parr , lilie schoolboys , nnd what they talk they think . Nor is what ia written about women much wiser , although diametrically opposite in tone . A delightful article in Fraser , on the « Treatment of Love m Novels , " suggests this reflection . JEvcry one knows tlio impossible nonsense , which paBscs for the language of love , and for accurate representation ot temale character ia Novela , with rare exceptions : how high-flown , unreal , umbclieved m xa the sentiment they express , how utterly factitious the nature
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HOURS WITH THE MYSTICS . HourirwUh the Mystics . A Contrilndion to the History of Religions Opinion . Bv Kobort Alfred Vaughan , D . A . 2 volumes . J . W . Parker ami Son . Rmiely is deep and extensive erudition clothed in elegant literature . Your learned writers are apt to be writers whom it is laborious to read . But the two qualities of learning nnd style are united in these volumes . Mr . Vaut-liun lias obviously great sympathy with Mysticism , or he would not have " lived laborious days" studying anil reproducing the opinions of the Mystics ; but tho olscurity , the caprice , the odd jostling of arguments with fhticii's , the tangential mode of reasoning , and the fervour of enthusiasm , which clmnioterise mystical writings , nvo not even traceable in these volumes . The style is singularly lucid , and quite remarkable for the novelty and variety of its illustrations , drawn from books and from nature .
Wliy did ho writo about the Mystics , unless impelled thereto by some secret affinity ? The affinity wo suspect to have been moral rnthrr than intellectual . lie does not share the mystical errors ; he does not even accept tho naysticnl method . The whole intellectual prooess seems to him ft mistaken and inarticulate effort ; but tlio thought which it tried to articulate , the impulse which made men Mystics , that indeed seems to him of vital importance : — In the roligiouH hhtory of uhnont ovory ago and country , wo moot with n « ertain olatsB of mindu , impatient of uioro uoromon la 1 forum and toohnioul < Jinl iiiutinnn , who huvo ploadod tho oauso of tho heart nguiimt jirofloription , and yiolclod Un'inboIvoh to tho most ; voltomnnt impulHori of tho noul , in it « longing to o » on , pt . i from tho » lgn to tho thine signified—from tho human to tho divino . Tho wtory ol" riuuh an ambition , with its dinn . storH and itn gloried , will not bo doumtxi , by uny thoughtful rnind , loe » worthy of record than tho caroor of a oouquoror . Through
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Critics are not the legislators , but the judges and police of literature They do not tntke laws-they interpret and try fb enforce ttxem .-Iulmburgh ltei-tw .
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328 THE LEADER . [ No . 315 , Saturday ,
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Citation
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Leader (1850-1860), April 5, 1856, page 328, in the Nineteenth-Century Serials Edition (2008; 2018) ncse-os.kdl.kcl.ac.uk/periodicals/l/issues/vm2-ncseproduct2135/page/16/
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