Up to this time (the close of the eighteenth century) no advance whatever had been made by legislation in recognising the modern theory of sex equality. The claims of women and their apologists for entering upon the functions of men, political, social or otherwise, although put forward from time to time by isolated individuals, received little countenance from public opinion, and still less from the law. What I have called, however, the sentimental aspect of Modern Feminism undoubtedly did make some headway in public opinion by the end of the eighteenth century, and grew in volume during the early years of the nineteenth century. It effectuated in the Act passed in 1820 by the English Parliament abolishing the punishment of flogging for female criminals. This was the first beginning of the differentiation of the sexes in the matter of the criminal law. The parliamentary debate on the Bill in question shows clearly enough the power that Sentimental[15:1] Feminism
had acquired in public opinion in the course of a generation, for no proposal was made at the same time to abolish the punishment of flogging so far as men were concerned. Up to this time the criminal law of England, as of other countries, made no distinction whatever between the sexes in the matter of crime and punishment, or at least no distinction based on the principle or sentiment of sex privilege. (A slight exception might be made, perhaps, in the crime of “petty treason,” which distinguished the murder of a husband by his wife from other cases of homicide.) But from this time forward, legislation and administration have diverged farther and farther from the principle of sex equality in this connection in favour of female immunity, the result being that at the present day, assuming the punishment meted out to the woman for a given crime to represent a normal penalty, the man receives an additional increment over and above that accorded to the crime, for the offence of having been born a man and not a woman.
[15:1] I should explain that I attach a distinct meaning to the word sentimental; as used by me it does not signify, as it does with most people, an excess of sentiment over and above what I feel myself, but a sentiment unequally distributed. As used in this sense, the repulsion to the flogging of women while no repulsion is felt to the flogging of men is sentimentalism pure and simple. On the other hand the objection to flogging altogether as punishment for men or women could not be described as sentimentalism, whatever else it might be. In the same way the anti-vivisectionist’s aversion to “physiological” experiments on animals, if confined to household pets and not extended to other animals, might be justly described as sentimentalism; but one who objected to such experiments on all animals, no matter whether one agreed with his point of view or not, could not be justly charged with sentimentalism (or at least, not unless, while objecting to vivisection, he or she were prepared to condone other acts involving an equal amount of cruelty to animals).
The Original Divorce Law of 1857 in its
provisions respecting costs and alimony, constitutes another landmark in the matter of female privilege before the law. Other measures of unilateral sex legislation followed in the years ensuing until the present state of things, by which the whole power of the State is practically at the disposal of woman to coerce and oppress men. But this side of the question we propose to deal with later on.
The present actual movement of Feminism in political and social life may be deemed to have begun in the early sixties, in the agitation which preceded the motion of John Stuart Mill in 1867, on the question of conferring the parliamentary franchise upon women. This was coincident with an agitation for the opening of various careers to women, notably the medical faculty. We are speaking, of course, here of Great Britain, which was first in the field in Europe, alike in the theory and practice of Modern Feminism. But the publication by the great protagonist of the movement, John Stuart Mill, of his book, “The Subjection of Women,” in 1868, endowed the cause with a literary gospel which was soon translated into the chief languages of the Continent, and corresponding movements started in other countries. Strangely enough, it made considerable headway in Russia, the awakening of Russia to Western ideas having recently begun to make itself felt at the time of which we are speaking. The movement
henceforth took its place as a permanent factor in the political and social life of this and other countries. Bills for female suffrage were introduced every year into the British House of Commons with, on the whole, yearly diminishing majorities against these measures, till a few years back the scale turned on the other side, and the Women’s Enfranchisement Bill passed every year its second reading until 1912, when for the first time for many years it was rejected by a small majority. Meanwhile both sides of the Feminist movement, apart from the question of the franchise, had been gaining in influence. Municipal franchise “on the same terms as for men” had been conceded. Women have voted for and sat on School Boards, Boards of Guardians, and other public bodies. Their claim to exercise the medical profession has been not merely admitted in law but recognised in public opinion for long past. All the advantages of an academic career have been opened to them, with the solitary exception of the actual conferment of degrees at Oxford and Cambridge. Such has been the growth of the articulate and political side of the theory of Modern Feminism.
The sentimental side of Feminism, with its practical result of the overweighting of justice in the interests of women in the courts, civil as well as criminal, and their practical immunity from the operation of the criminal law when in the dock,
has advanced correspondingly; while at the same time the sword of that same criminal law is sharpened to a razor edge against the man even accused, let alone convicted, of any offence against the sacrosanct majesty of “Womanhood.” Such is the present position of the Woman question in this country, which we take as typical, in the sense that in Great Britain, to which we may also add the United States of America and the British Colonies, where—if possible, the movement is stronger than in the mother country itself—we see the logical outcome of Feminist theory and sentiment. It remains to consider the existing facts more in detail, and the psychological bearings of that large number of persons who have been in the recent past, and are being at the present time, influenced to accept the dogmas of Modern Feminism and the statements of alleged facts made by its votaries. Before doing so it behoves us to examine the credibility of the dogmas themselves, and the nature of the arguments used to support them and also the accuracy of the alleged facts employed by the Feminists to stimulate the indignation of the popular mind against the pretended wrongs of women.