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THE LAWS RELATING TO THEM. 51
Note: This text has been automatically extracted via Optical Character Recognition (OCR) software. The text has not been manually corrected and should not be relied on to be an accurate representation of the item.
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Transcript
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Note: This text has been automatically extracted via Optical Character Recognition (OCR) software. The text has not been manually corrected and should not be relied on to be an accurate representation of the item.
Additionally, when viewing full transcripts, extracted text may not be in the same order as the original document.
¦ •? It Is Common In Our Day To Call Swi...
We shall compare with the general type of the legislation which obtains among the French-speaking populations—a type which
, we find in force at Geneva , —the modifications which this legislation has received tinder the influence of old Romanic customs ; so
that by studying the legal position of women in Western Switzerland onl what y , we it was shall there learn before what it the is in general France , recasting and even , of in the many provincial respects ,
customs into one single code . We shall consider women firstas daughtersunder the paternal
, , roof , * then , as single women , having homes of their own , and in relation to society ; finallyas wives and mothersin the conjugal
relation . , , Everywhere , under the modern French law , the daughters enjoy
the same rights under the paternal roof as the male children . All occupy the same position , without any distinction of sex or
primogeniture . All alike are up to the time of their majority under the authority of their parentsand are under the same obligations
to-, wards them . They can claim aliment , shelter , guardianship , education . Until their majority the paternal home is their legal
domicile . After this period they can , if they choose , have a separate domicile , and provide for their own wants by independent
labour . But they cannot claim from the parents a dotation or separate establishment , either by marriage or otherwise . The law
neglects to state ( doubtless as an unnecessary provision ) whether ¦ parents have the right , after the majority of their children , to force
them to leave their domicile , or even to oblige them to work . The extent of correction which they have over them extends only to the time of their legal majority . This right is limited
to placing a rebellious child in a house of detention . Up to sixteen the French code authorizes arrest on an order given
¦ by the president of the tribunal of the district , at the verbal request of the father . In this case the detention cannot last more than a
month . After sixteen , and up to the majority or emancipation , the 'detention may be for six monthsand the order must emanate from
the procureur of the cour cVassises , after he has taken counsel thereupon with the president of the _, tribunal . It is remarkable that
parents very seldom make use of this right , especially in the case of daughterseven when these have offended against legal morals .
, ¦ In At the Neuuhiitel Valaisthe , the detention code does can not never mention exceed any two similar months provision and can .
only take place , upon the vote ( _prSavis" ) of a pupillary , chamber _{ chambre _ptipillazre ) which plays an important part in the local
jurisdiction . The Fribourg code is more explicit . The father , it says , directs the education of his child , and guides him in the
' Choice of a business . The father , continues the code , can employ his child in dQmestic laboursor in his business and profession .
The father may himself correct , his child , or cause him to
_* be corrected , with . moderation . The local authority e 2 checks
The Laws Relating To Them. 51
THE LAWS _RELATING TO THEM . 51
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Citation
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English Woman’s Journal (1858-1864), March 2, 1863, page 51, in the Nineteenth-Century Serials Edition (2008; 2018) ncse.ac.uk/periodicals/ewj/issues/ewj_02031863/page/51/
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