Page:The evolution of marriage and of the family ... (IA evolutionofmarri00letorich).pdf/139

 point of view. It implies a profound contempt for woman, and her complete assimilation to chattels, to cattle, and to things in general. On this point the Roman law leaves no room for ambiguity, since it makes no essential difference between the marital law and the law of property. In regard to the woman, as in regard to goods, possession or use, continued for a year, gave a right of ownership. When applied to things, this possession is called usucapion; applied to the woman, it is called usus. The difference between the terms is slight; between the facts there is none. In reality the wife and the child, especially the female child, have been the first property possessed by man, which has even implanted in the savage mind the taste for possession, and the pretension to use and abuse the things left entirely to his mercy. At Rome this became by the ''jus quiritium, for the woman the manus'' of the husband, and for property the jus utendi et abutendi of the proprietor. But this abuse, and this use, nearly always equally an abuse also, have contributed not a little to deprave man and to render him, from the origin of societies until our own day, refractory to ideas of equity and justice, especially in what relates to the condition of woman.