112-550: Emily Murphy (born Emily Gowan Ferguson ; 14 March 1868 – 26 October 1933) was a Canadian women's rights activist and author . In 1916, she became the first female magistrate in Canada and the fifth in the British Empire after Elizabeth Webb Nicholls , Jane Price, E. Cullen and Cecilia Dixon of Australia (all appointed to office in 1915). She is best known for her contributions to Canadian feminism, specifically to
224-492: A pacifist , theorized that the only reason for war was that nation needed to fight for land to accommodate their growing populations. She argued that people would not need as much land if there was population control. Without the constant need for more land, the war would cease to exist. Her solution to these social issues was eugenics . Murphy supported selective breeding and the compulsory sterilization of those individuals who were considered mentally deficient. She believed that
336-563: A campaign that assured the property rights of married women. With the support of many rural women, Murphy began to pressure the Alberta government to allow women to retain the rights of their land. In 1916, Murphy successfully persuaded the Alberta legislature to pass the Dower Act that would allow a woman legal rights to one-third of her husband's property. Murphy's reputation as a women's rights activist
448-485: A condition that a widow's right to property should cease on remarriage, and the Leonine Constitutions at the end of the 9th century made third marriages punishable. The same constitutions made the benediction of a priest a necessary part of the ceremony of marriage. Women throughout historical and ancient China were considered inferior and had subordinate legal status based on Confucian law . In Imperial China,
560-466: A crime in which the victim bore no guilt and a capital crime. The rape of a woman was considered an attack on her family and father's honour, and rape victims were shamed for allowing the bad name in her father's honour. As a matter of law, rape could be committed only against a citizen in good standing. The rape of a slave could be prosecuted only as damage to her owner's property. The first Roman emperor , Augustus , framed his ascent to sole power as
672-465: A crime to permit these two women to go on bearing children". The UFA government brought in a eugenics law in 1928, requiring parents' or guardians' approval of the operation. Later, after Murphy's death, William Aberhart 's Social Credit government amended the law to allow forced sterilization. Due in part to Murphy's heavy advocacy of compulsory sterilization, thousands of Albertan men and women were sterilized without their knowledge or consent under
784-486: A divorced husband could easily remarry another woman, provided that his first wife had borne him no offspring. Female deities, such as Inanna , were widely worshipped. The Akkadian poet Enheduanna , the priestess of Inanna and daughter of Sargon , is the earliest known poet whose name has been recorded. Old Babylonian law codes permitted a husband to divorce his wife under any circumstances, but doing so required him to return all of her property and sometimes pay her
896-495: A dowry from the husband, which she could administer as her personal property, the Qur'an made women a legal party to the marriage contract . While in customary law, inheritance was often limited to male descendants, the Qur'an included rules on inheritance with certain fixed shares being distributed to designated heirs, first to the nearest female relatives and then the nearest male relatives. According to Annemarie Schimmel "compared to
1008-409: A fine. Most law codes forbade a woman to request her husband for a divorce and enforced the same penalties on a woman asking for divorce as on a woman caught in the act of adultery . Some Babylonian and Assyrian laws, however, afforded women the same right to divorce as men, requiring them to pay the same fine. The majority of East Semitic deities were male. In ancient Egypt, women enjoyed
1120-552: A formal academic education. She attended Bishop Strachan School , an exclusive Anglican private school for girls in Toronto where, through a friend, she met her future husband Arthur Murphy, who was 11 years her senior. In 1887, they married, and subsequently had four daughters: Madeleine, Evelyn, Doris and Kathleen. Doris died. After Doris's death, the family decided to try a new setting and moved west to Swan River, Manitoba , in 1903 and then to Edmonton, Alberta , in 1907. While Arthur
1232-498: A historical context, Muhammad "can be seen as a figure who testified on behalf of women's rights." Women's rights were protected already by the early Medieval Christian Church: one of the first formal legal provisions for the right of wives was promulgated by council of Adge in 506, which in Canon XVI stipulated that if a young married man wished to be ordained, he required the consent of his wife. The English Church and culture in
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#17328478444011344-552: A husband and eventually becoming a mother. That was the core purpose set out both culturally and religiously across Medieval Europe. Rape was also seen in medieval England as a crime against the father or husband and a violation of their protection and guardianship of the women whom they look after in the household. Women's identities in the Middle Ages were also referred through their relations with men they associated with, such as "his daughter" or "so and so's wife". Despite all this,
1456-568: A husband's transferring property without the consent of his wife, but he still retained the right to manage it and to receive the money which it produced. French married women suffered from restrictions on their legal capacity which were removed only in 1965. In the 16th century, the Reformation in Europe allowed more women to add their voices, including the English writers Jane Anger , Aemilia Lanyer , and
1568-496: A lesser degree than their children. This archaic form of manus marriage was largely abandoned by the time of Julius Caesar , when a woman remained under her father's authority by law even when she moved into her husband's home. This arrangement was one of the factors in the independence Roman women enjoyed. Although women had to answer to their fathers in legal matters, they were free of his direct scrutiny in their daily lives, and their husbands had no legal power over them. When
1680-468: A man. They were simultaneously disparaged as too ignorant and weak-minded to practice law, and as too active and influential in legal matters—resulting in an edict that limited women to conducting cases on their own behalf instead of others'. But even after this restriction was put in place, there are numerous examples of women taking informed actions in legal matters, including dictating legal strategy to their male advocates. Roman law recognized rape as
1792-565: A married man did not commit adultery when he had sex with a prostitute, slave , or person of marginalized status ( infamis ) . Most prostitutes in ancient Rome were slaves, though some slaves were protected from forced prostitution by a clause in their sales contract. A free woman who worked as a prostitute or entertainer lost her social standing and became infamis , "disreputable"; by making her body publicly available, she had in effect surrendered her right to be protected from sexual abuse or physical violence. Stoic philosophies influenced
1904-531: A politician who founded a local branch of the Orange Order in 1830, and two uncles, one a Supreme Court justice and the other a senator. Her brother also became a lawyer and another member of the Supreme Court. Another uncle was Thomas Roberts Ferguson , an MP, and she was related to James Robert Gowan , who was a lawyer, judge, and senator. Murphy benefited from parents who supported their daughter's receiving
2016-493: A professed religious life, and of due provision for the wife. The church also supported the political power of those who were friendly toward the clergy. The appointment of mothers and grandmothers as tutors was sanctioned by Justinian. The restrictions on the marriage of senators and other men of high rank with women of low rank were extended by Constantine , but it was almost entirely removed by Justinian . Second marriages were discouraged, especially by making it legal to impose
2128-498: A return to traditional morality , and attempted to regulate the conduct of women through moral legislation . Adultery , which had been a private family matter under the Republic, was criminalized, and defined broadly as an illicit sex act ( stuprum ) that occurred between a male citizen and a married woman, or between a married woman and any man other than her husband. Therefore, a married woman could have sex only with her husband, but
2240-468: A strong philosophical basis. Roman law, similar to Athenian law, was created by men in favor of men. Women had no public voice and no public role, which only improved after the 1st century to the 6th century BCE. Freeborn women of ancient Rome were citizens who enjoyed legal privileges and protections that did not extend to non-citizens or slaves . Roman society , however, was patriarchal , and women could not vote, hold public office , or serve in
2352-399: A woman in such a position was called frilla . There was no distinction made between children born inside or outside of marriage: both had the right to inherit property after their parents, and there were no "legitimate" or "illegitimate" children. These liberties gradually disappeared after the introduction of Christianity, and from the late 13th century, they are no longer mentioned. During
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#17328478444012464-433: A woman's father died, she became legally emancipated ( sui iuris ) . A married woman retained ownership of any property she brought into the marriage. Girls had equal inheritance rights with boys if their father died without leaving a will. Under classical Roman law , a husband had no right to abuse his wife physically or compel her to have sex. Wife beating was sufficient grounds for divorce or other legal action against
2576-517: Is considered the most consequential because it played a role in creating a widespread "war on drugs mentality" leading to legislation that "defined addiction as a law enforcement problem". A series of articles in Maclean's magazine under her pen name, "Janey Canuck", forms the basis of The Black Candle . Using extensive anecdotes and "expert" opinion, The Black Candle depicts an alarming picture of drug abuse in Canada, detailing Murphy's understanding of
2688-710: Is made of two elements: the lieutenant governor (representing the King of Canada ), and the Legislative Assembly of Alberta . The legislature has existed since Alberta was formed out of part of the North-West Territories in 1905. Like the Canadian federal government, Alberta uses a Westminster-style parliamentary government , in which members are sent to the Legislative Assembly after general elections and
2800-572: Is now located on the campus of the University of Alberta and houses the Student Legal Services. In 1958, she was recognized as a Person of National Historic Significance by the government of Canada. A plaque commemorating this is installed at Emily Murphy Park on Emily Murphy Park Road in Edmonton. The "National Persons" case was recognized in 1997 as a National Historic Event with a plaque at
2912-454: Is that of safeguarding the household property created by men. According to Aristotle, the labour of women added no value because "the art of household management is not identical with the art of getting wealth, for the one uses the material which the other provides". Contrary to Plato's views, the Stoic philosophers argued for equality of the sexes, sexual inequality being in their view contrary to
3024-502: Is to go free, without any payment of money" ( Exodus 21:10–11 ). The Qur'an , which Muslims believe was revealed to Muhammad over the course of 23 years, provided guidance to the Islamic community and modified existing customs in Arab society . The Qur'an prescribes limited rights for women in marriage , divorce , and inheritance . By providing that the wife, not her family, would receive
3136-409: The oikos headed by the male kyrios . Until marriage, women were under the guardianship of their father or another male relative. Once married, the husband became a woman's kyrios . As women were barred from conducting legal proceedings, the kyrios would do so on their behalf. Athenian women could only acquire rights over property through gifts, dowry, and inheritance, though her kyrios had
3248-550: The 1930 federal election , Murphy was denied a chance to sit in the Senate again in 1931, because the vacancy had been caused by the death of a Catholic senator, and Murphy was a Protestant. (Meat-packer Robert Burns got the seat.) Murphy died in 1933 without fulfilling her dream of sitting in Canada's upper chamber. The five appellants in the Person's Case were known as the Famous Five (or
3360-489: The British Empire . However, her appointment as a judge became the cause for her greatest adversity concerning women within the law. In her first case in Alberta on 1 July 1916, she found the prisoner guilty. The prisoner's lawyer called into question her right to pass a sentence since she was not legally a person. The Provincial Supreme Court denied the appeal. In 1917, she headed the battle to have women declared as "persons" in Canada, and, consequently, qualified to serve in
3472-982: The Hellenistic period in Athens, the philosopher Aristotle thought that women would bring disorder and evil, therefore it was best to keep women separate from the rest of the society. This separation would entail living in a room called a gynaikeion , while looking after the duties in the home and having very little exposure to the male world. This was also to ensure that wives only had legitimate children from their husbands. Athenian women received little education, except home tutorship for basic skills such as spinning, weaving, cooking, and some knowledge of money. Although Spartan women were formally excluded from military and political life, an extremely small " upper crust " enjoyed considerable status as mothers of Spartan warriors. As men engaged in military activity, women took responsibility for running estates. Following protracted warfare in
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3584-651: The Republic of China was overthrown by communist guerillas led by Mao Zedong , and the People's Republic of China was founded in the same year. In May 1950 the People's Republic of China enacted the New Marriage Law to tackle the sale of women into slavery. This outlawed marriage by proxy and made marriage legal so long as both partners consent. The New Marriage Law raised the legal age of marriage to 20 for men and 18 for women. This
3696-690: The Senate . The Supreme Court of Canada ruled that they were not. However, upon appeal to the Judicial Committee of the British Privy Council , the court of last resort for Canada at that time, the women won their case. However, there has been some criticism of her later work, mainly for her role in the Sexual Sterilization Act of Alberta and her allegations that a ring of immigrants from other countries, particularly China, would corrupt
3808-652: The Sexual Sterilization Act before its repeal in 1972. Her legacy is disputed, with her important contributions to feminism being weighed against her racist and nativist views and her advocation of eugenics. In addition to being against immigration, she was a strong supporter of Alberta's legislation for the Sexual Sterilization of the Insane at a time when compulsory sterilization was practised in some North American jurisdictions. Recent memorializing of
3920-771: The Supreme Court of Canada in March 1928. The Court held that women were not qualified to sit in the Senate. The five women then appealed to the Judicial Committee of the Privy Council in Britain. On 18 October 1929, in a decision called Edwards v. Canada (Attorney General) , the Privy Council declared that 'persons' in Section 24 of the BNA Act of 1867 should be interpreted to include both males and females; therefore, women were eligible to serve in
4032-653: The city states of ancient Greece, they enjoyed a certain freedom of movement until the Archaic age . Records also exist of women in ancient Delphi , Gortyn , Thessaly , Megara , and Sparta owning land, the most prestigious form of private property at the time. However, after the Archaic age, legislators began to enact laws enforcing gender segregation, resulting in decreased rights for women. Women in Classical Athens had no legal personhood and were assumed to be part of
4144-426: The " Three Obediences " promoted daughters to obey their fathers, wives to obey their husbands, and widows to obey their sons. Women could not inherit businesses or wealth and men had to adopt a son for such financial purposes. Late imperial law also featured seven different types of divorces. A wife could be ousted if she failed to birth a son, committed adultery, disobeyed her parents-in-law, spoke excessively, stole,
4256-490: The 15th century the terminology "witchcraft" was definitely viewed as something feminine as opposed to prior years. Famous witchcraft manuals such as the Malleus Maleficarum and Summis Desiderantes depicted witches as diabolical conspirators who worshipped Satan and were primarily women. Culture and art at the time depicted these witches as seductive and evil, further fuelling moral panic in fusion with rhetoric from
4368-462: The 19th century. For the upper classes, it was almost 100%. In 1912, the Chinese government ordered the cessation of foot-binding. Foot-binding involved the alteration of the bone structure so that the feet were only about four inches long. The bound feet caused difficulty in movement, thus greatly limiting the activities of women. Due to the social custom that men and women should not be near each other,
4480-463: The 4th century BC, Spartan women owned approximately between 35% and 40% of all Spartan land and property. By the Hellenistic Period, some of the wealthiest Spartans were women. Spartan women controlled their own properties, as well as the properties of male relatives who were away with the army. But despite relatively greater freedom of movement for Spartan women, their role in politics
4592-531: The Chinese as "scapegoats", while elsewhere, she refers to the Chinese man as a "visitor" in this country, and that "it might be wise to put him out" if it turns out that this visitor carries "poisoned lollipops in his pocket and feeds them to our children". Drug addiction, however, not the Chinese immigrant, is "a scourge so dreadful in its effects that it threatens the very foundations of civilization", and which laws, therefore, need to target for eradication. Drugs victimize everyone, and members of all races perpetuate
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4704-648: The Christian Middle Ages, the Medieval Scandinavian law applied different laws depending on the local county law, signifying that the status of women could vary depending on which county she was living in. The 16th and 17th centuries saw numerous witch trials , which resulted in thousands of people across Europe being executed, of whom 75–95% were women (depending on time and place). The executions mostly took place in German-speaking lands, and during
4816-564: The Christianization of Europe, there was little space for women's consent for marriage and marriage through purchase (or Kaufehe ) was actually the civil norm, as opposed to the alternative marriage through capture (or Raubehe ). However Christianity was slow to reach other Baltic and Scandinavian areas with it only reaching King Harald Bluetooth of Denmark in the year 950 AD. Those living under Norwegian and Icelandic laws used marriages to forge alliances or create peace, usually without
4928-483: The Church still emphasized the importance of love and mutual counselling within marriage and prohibited any form of divorce so the wife would have someone to look after her. In overall Europe during the Middle Ages, women were inferior to men in legal status. Throughout medieval Europe, women were pressured to not attend courts and leave all legal business affairs to their husbands. In the legal system, women were regarded as
5040-505: The Church. The origin of the female "witch" myth traces back to Roman mythical night creatures known as Strix, who were thought to appear and disappear mysteriously in the night. They were also believed by many to be of transformed women by their own supernatural powers. This Roman myth itself is believed to originate from the Jewish Sabbath which described non-supernatural women who would suspiciously leave and return home swiftly during
5152-480: The Famous Five, such as the illustration on the back of the fifty-dollar bill, has been used as the occasion for re-evaluating Murphy's legacy. Marijuana decriminalization activists especially have criticized Murphy as part of the movement to discredit marijuana prohibition . It has been speculated that today's drug laws are built on the racist foundations laid by Murphy and that the drug war has harmed more women than
5264-553: The Garden of Eden. Women's inferiority also appears in much medieval writing; for example, the 1200 AD theologian Jacques de Vitry (who was rather sympathetic to women over others) emphasized female obedience towards their men and described women as slippery, weak, untrustworthy, devious, deceitful and stubborn. The church also promoted the Virgin Mary as a role model for women to emulate by being innocent in her sexuality, being married to
5376-569: The Icelandic Grágás and the Norwegian Frostating laws and Gulating laws. The paternal aunt, paternal niece and paternal granddaughter, referred to as odalkvinna , all had the right to inherit property from a deceased man. In the absence of male relatives, an unmarried woman with no son could, furthermore, inherit not only property, but also the position as head of the family from a deceased father or brother. A woman with such status
5488-517: The Middle Ages regarded women as weak, irrational, vulnerable to temptation, and constantly needing to be kept in check. This was reflected on the Christian culture in England through the story of Adam and Eve where Eve fell to Satan's temptations and led Adam to eat the apple. This belief was based on St. Paul , that the pain of childbirth was a punishment for this deed that led mankind to be banished from
5600-573: The Persons Case has benefited. Conversely, Murphy's defenders note that she was writing at a time when white racism was typical, not exceptional and that Murphy's views were more progressive than many of her peers. Emily Murphy's house in Edmonton , Alberta (at 11011 - 88th Avenue) is on the Canadian Register of Historic People and Places. She lived in this home from 1919 until she died in 1933. It
5712-549: The Senate of Canada." Murphy, along with the rest of the Famous Five, was featured on the back of one of the Canadian 50-dollar bills issued in 2004 as part of the Canadian Journey Series. In October 2009, the Senate voted to name Murphy and the rest of the Five Canada's first "honorary senators". Although Murphy's views on race changed over the course of her life, the perspective contained in her book The Black Candle
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#17328478444015824-588: The Senate. Despite the ruling, Murphy never did serve in the Senate. After the ruling, the first seat to open up in the Senate was in Quebec - Murphy lived in Alberta. As well, the Prime Minister at the time, William Lyon Mackenzie King , was a Liberal , and Murphy was a partisan Conservative. She was passed over in favour of philanthropist Cairine Wilson in 1930. After the Conservatives under R. B. Bennett won
5936-566: The Senate. With the achievement of female suffrage achieved (or about to be) at least in English Canada, the legal obstacle preventing the appointment of women to the Senate was the last area in which women were not legal equals to men in Canadian political affairs. Edmonton lawyer, Eardley Jackson, challenged her position as judge because women were not considered "persons" under the British North America Act 1867 . This understanding
6048-515: The Valiant Five) and were considered leaders in education for social reform and women's rights. They challenged convention and established an important precedent in Canadian history. In Canada's Senate Chamber, the five women are honoured with a plaque that reads, "To further the cause of womankind these five outstanding pioneer women caused steps to be taken resulting in the recognition by the Privy Council of women as persons eligible for appointment to
6160-440: The absence of their brothers, do certain trades without their husbands, and widows could receive dower. In areas governed by Roman-based written laws, women were under male guardianship in matters involving property and law , with fathers overseeing daughters, husbands overseeing wives and uncles or male relatives overseeing widows. Throughout Europe, women's legal status centered around their marital status while marriage itself
6272-446: The authority of their husbands by transferring the authority to their male relatives. A wife's property and land also could not be taken by the husband without her family's consent but neither could the wife. This meant a woman could not transfer her property to her husband without her family or kinsman's consent either. In Swedish law, a woman would also only get half that of her brother in inheritance. Despite these legal issues, Sweden
6384-700: The college was enabled in Guangzhou, China, by a large donation from Edward A.K. Hackett (1851–1916) of Indiana, US. The college was aimed at the spreading of Christianity and modern medicine and the elevation of Chinese women's social status. During the Republic of China (1912–49) and earlier Chinese governments, women were legally bought and sold into slavery under the guise of domestic servants. These women were known as Mui Tsai . The lives of Mui Tsai were recorded by American feminist Agnes Smedley in her book Portraits of Chinese Women in Revolution . However, in 1949
6496-401: The courtroom on the claims that the statement was not "fit for mixed company". This outcome was unacceptable to Murphy and she protested to the provincial Attorney General. "If the evidence is not fit company," she argued, "then the government must set up a special court presided over by women, to try other women". Murphy's request was approved and she became the first woman police magistrate in
6608-471: The development of Roman law. Stoics of the Imperial era such as Seneca and Musonius Rufus developed theories of just relationships . While not advocating equality in society or under the law, they held that nature gives men and women equal capacity for virtue and equal obligations to act virtuously, and that therefore men and women had an equal need for philosophical education. These philosophical trends among
6720-473: The disadvantaged and the poor living conditions that surrounded their society. Her strong interest in the rights and protection of women and children intensified when she was made aware of an unjust experience of an Albertan woman whose husband sold the family farm; the husband then abandoned his wife and children who were left homeless and penniless. At that time, property laws did not leave the wife with any legal recourse . This case motivated Murphy to create
6832-417: The drug trade, according to Murphy. At the same time, she does not depart from the dominant view of middle class whites at the time that "races" were discrete, biologically determined categories, naturally ranked in a hierarchy. In this scheme, the white race was facing degradation through miscegenation , while the more prolific "black and yellow races may yet obtain the ascendancy" and thus threatened to "wrest
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#17328478444016944-473: The early Vedic period enjoyed equal status with men in all aspects of life. Works by ancient Indian grammarians such as Patanjali and Katyayana suggest that women were educated in the early Vedic period. Rigvedic verses suggest that women married at a mature age and were probably free to select their own husbands in a practice called swayamvar or live-in relationship called Gandharva marriage . Although most women lacked political and equal rights in
7056-651: The exercise of rights by women and girls, in favor of men and boys. Issues commonly associated with notions of women's rights include the right to bodily integrity and autonomy , to be free from sexual violence , to vote , to hold public office, to enter into legal contracts, to have equal rights in family law , to work , to fair wages or equal pay , to have reproductive rights , to own property , and to education . Women in ancient Sumer could buy, own, sell, and inherit property. They could engage in commerce, and testify in court as witnesses. Nonetheless, their husbands could divorce them for mild infractions, and
7168-492: The family business or to acquire literacy skills that enabled them to work as scribes and secretaries. The woman who achieved the greatest prominence in the ancient world for her learning was Hypatia of Alexandria , who taught advanced courses to young men and advised the Roman prefect of Egypt on politics. Her influence put her into conflict with the bishop of Alexandria , Cyril , who may have been implicated in her violent death in
7280-429: The husband. Because of their legal status as citizens and the degree to which they could become emancipated, women in ancient Rome could own property, enter contracts, and engage in business. Some acquired and disposed of sizable fortunes, and are recorded in inscriptions as benefactors in funding major public works. Roman women could appear in court and argue cases, though it was customary for them to be represented by
7392-576: The laws of nature. In doing so, they followed the Cynics , who argued that men and women should wear the same clothing and receive the same kind of education. They also saw marriage as a moral companionship between equals rather than a biological or social necessity and practiced these views in their lives as well as their teachings. The Stoics adopted the views of the Cynics and added them to their own theories of human nature, thus putting their sexual egalitarianism on
7504-490: The leadership of the world from the British". Murphy's distaste for non-whites is reflected in scholarly debates, but what is not controversial is that The Black Candle was written "for the express purpose of arousing public demands for stricter drug legislation" and that in this she was to some degree successful. This motivation may have influenced her racial analysis by playing to the popular prejudices of her white audiences. On
7616-697: The mentally and socially inferior reproduced more than the "human thoroughbreds" and appealed to the Alberta Legislative Assembly for forced sterilization. In a petition, she wrote that mentally defective children were "a menace to society and an enormous cost to the state ... science is proving that mental defectiveness is a transmittable hereditary condition". She wrote to the UFA government's Minister of Agriculture and Health, George Hoadley that two female "feeble-minded" mental patients had already bred several offspring. She called it "a neglect amounting to
7728-622: The military. Women of the upper classes exercised political influence through marriage and motherhood. During the Roman Republic , the mothers of the Gracchus brothers and of Julius Caesar were noted as exemplary women who advanced the careers of their sons. During the Imperial period , women of the emperor's family could acquire considerable political power and were regularly depicted in official art and on coinage. The central core of Roman society
7840-578: The minimum age for girls was 12, while it was 14 for boys. The rate of Wergild suggested that women in these societies were valued mostly for their breeding purposes. The Wergild of woman was double that of a man with the same status in the Aleman and Bavarian legal codes. The Wergild of a woman meanwhile was triple that of a man with the same status in Salic and Repuarian legal codes for women of child-bearing age, which constituted from 12 to 40 years old. One of
7952-507: The mistreatment of women during this time. He was well known for advocating for marital equality among the sexes in his work during the 17th century. According to a study published in the American Journal of Social Issues & Humanities, the condition for women during Locke's time were as quote: Alberta legislature The Alberta Legislature is the unicameral legislature of the province of Alberta , Canada. The legislature
8064-524: The most Germanic codes from the Lombard tradition legislated that women be under the control of a male mundoald , which constituted her father, husband, older son or eventually the king as a last resort if she had no male relatives. A woman needed her mundold's permission to manage property but still could own her own lands and goods. Certain areas with Visigothic inheritance laws until the 7th century were favorable to women while all other laws were not. Before
8176-542: The night. Authors of the Malleus Maleficarum strongly established the link between witchcraft and women by proclaiming a greater likelihood for women to be addicted to "evil". The authors and inquisitors Heinrich Kramer and Jacob Sprengerh justified these beliefs by claiming women had greater credulity, impressionability, feeble minds, feeble bodies, impulsivity and carnal natures which were flaws susceptible to "evil" behavior and witchcraft. These sorts of beliefs at
8288-577: The other hand, she may have deliberately tried to distance herself from those prejudices, especially the ones propagated by the more vulgar and excitable Asian exclusionists in British Columbia to maximize her credibility and sway her more moderate readers. With significant post-war activity During the early twentieth century, scientific knowledge emerged at the forefront of social importance. Advances in science and technology were thought to hold answers to current and future social problems. Murphy
8400-538: The petition to the federal Cabinet , asking that the federal government refer the issue to the Supreme Court of Canada . The women's petition set out two questions, but the federal government re-framed it as one question, asking the Supreme Court: "Does the word 'person' in Section 24 of the British North America Act include female persons?" The campaign became known as The Persons Case and reached
8512-614: The pre-Islamic position of women, Islamic legislation meant an enormous progress; the woman has the right, at least according to the letter of the law , to administer the wealth she has brought into the family or has earned by her own work." For Arab women , Islam included the prohibition of female infanticide and recognizing women's full personhood. Women generally gained greater rights than women in pre-Islamic Arabia and medieval Europe . Women were not accorded such legal status in other cultures until centuries later. According to Professor William Montgomery Watt , when seen in such
8624-614: The property of men so any threat or injury to them was the duty of their male guardians. In Irish law, women were forbidden to act as witnesses in courts. In Welsh law, women's testimony could be accepted towards other women but not against men, but Welsh laws, specifically The Laws of Hywel Dda , also reflected accountability for men to pay child maintenance for children born out of wedlock, which empowered women to claim rightful payment. In France, women's testimony had to corroborate with other accounts or it would not be accepted. Although women were expected to not attend courts , this however
8736-537: The prophetess Anna Trapnell . English and American Quakers believed that men and women were equal. Many Quaker women were preachers. Despite relatively greater freedom for Anglo-Saxon women , until the mid-19th century, writers largely assumed that a patriarchal order was a natural order that had always existed. This perception was not seriously challenged until the 18th century when Jesuit missionaries found matrilineality in native North American peoples. The philosopher John Locke opposed marital inequality and
8848-412: The question of whether women were "persons" under Canadian law. Murphy is known as one of " The Famous Five " (also called "The Valiant Five")—a group of Canadian women's rights activists that also included Henrietta Muir Edwards , Nellie McClung , Louise McKinney and Irene Parlby . In 1927, the women launched the " Persons Case ," contending that women could be "qualified persons" eligible to sit in
8960-529: The resolution, selecting Murphy as their preferred candidate. Murphy began to work on a plan to ask for clarification of how women were regarded in the BNA act and how they were to become Senators. She enlisted the help of four other Albertan women and on 27 August 1927 she and human rights activist and ex-MLA Nellie McClung , ex-MLA Louise McKinney , women's rights campaigner and author Henrietta Edwards , and sitting Alberta cabinet minister and MLA Irene Parlby signed
9072-531: The right to dispose of a woman's property. Athenian women could only enter into a contract worth less than the value of a " medimnos of barley" (a measure of grain), allowing women to engage in petty trading. Women were excluded from ancient Athenian democracy , both in principle and in practice. Slaves could become Athenian citizens after being freed, but no woman ever acquired citizenship in ancient Athens. In classical Athens women were also barred from becoming poets, scholars, politicians, or artists. During
9184-435: The rights to purchase, own, sell, and inherit property. The Bible guarantees women the right to sex with their husbands and orders husbands to feed and clothe their wives. Breach of these Old Testament rights by a polygamous man gave the woman grounds for divorce: "If he marries another woman, he must not deprive the first one of her food, clothing and marital rights. If he does not provide her with these three things, she
9296-502: The ruling elite are thought to have helped improve the status of women under the Empire. Rome had no system of state-supported schooling, and education was available only to those who could pay for it. The daughters of senators and knights seem to have regularly received a primary education (for ages 7 to 12). Regardless of gender, few people were educated beyond that level. Girls from a modest background might be schooled in order to help with
9408-646: The same place. Canadian Encyclopedia ( https://www.thecanadianencyclopedia.ca/en/article/emily-murphy ) Women%27s rights Women's rights are the rights and entitlements claimed for women and girls worldwide. They formed the basis for the women's rights movement in the 19th century and the feminist movements during the 20th and 21st centuries. In some countries, these rights are institutionalized or supported by law, local custom, and behavior, whereas in others, they are ignored and suppressed. They differ from broader notions of human rights through claims of an inherent historical and traditional bias against
9520-414: The same rights under the law as a man, however rightful entitlements depended upon social class . Landed property descended in the female line from mother to daughter, and women were entitled to administer their own property. Women in ancient Egypt could buy, sell, be a partner in legal contracts , be executors in wills and witnesses to legal documents, bring court action, and adopt children. Women during
9632-446: The stories about shieldmaidens are unconfirmed, but some archaeological finds such as the Birka female Viking warrior may indicate that at least some women in military authority existed. A married woman could divorce her husband and remarry. It was also socially acceptable for a free woman to cohabit with a man and have children with him without marrying him, even if that man was married;
9744-403: The third child of Isaac Ferguson and Emily Gowan. Isaac Ferguson was a successful businessman and property owner. As a child, Murphy frequently joined her two older brothers Thomas and Gowan in their adventures; their father encouraged this behaviour and often had his sons and daughters share responsibilities equally. Murphy grew up under the influence of her maternal grandfather, Ogle R. Gowan ,
9856-402: The time could send female hermits or beggars to trials just for offering remedies or herbal medicine. This set of developed myths eventually lead to the 16–17th century witch trials which found thousands of women burned at the stake. By 1500, Europe was divided into two types of secular law. One was customary law, which was predominant in northern France, England and Scandinavia, and the other
9968-487: The time was in the midst of a moral panic over drugs that was part of the anti-Asian campaign that precipitated the Chinese Immigration Act of 1923 . Canadian drug historian Catherine Carstairs has argued that there is little documentary evidence on which to determine how early Canadian drug policy was formed. Although Murphy's anti-drug screeds were widely read and helped spread the drug panic across Canada, she
10080-532: The use and effects of opium , cocaine , and pharmaceuticals , as well as a "new menace", " marijuana ". Murphy's concern with drugs began when she started coming into "disproportionate contact with Chinese people" in her courtroom because they were over-represented in the criminal justice system. In addition to professional expertise and her own observations, Murphy was also given a tour of opium dens in Vancouver's Chinatown by local police detectives . Vancouver at
10192-469: The white race by getting Canadians hooked on drugs. In her book The Black Candle , she wrote: "It is hardly credible that the average Chinese peddler has any definite idea in his mind of bringing about the downfall of the white race, his swaying motive being probably that of greed, but in the hands of his superiors, he may become a powerful instrument to that end." Emily Murphy was born in Cookstown, Ontario ,
10304-654: The women of China were reluctant to be treated by male doctors of Western Medicine. This resulted in a tremendous need for female doctors of Western Medicine in China. Thus, female medical missionary Mary H. Fulton (1854–1927) was sent by the Foreign Missions Board of the Presbyterian Church (USA) to found the first medical college for women in China. Known as the Hackett Medical College for Women (夏葛女子醫學院),
10416-556: The women's say or consent. However divorce rights were permitted to women who suffered physical abuse but protections from harm were not given to those termed "wretched" women such as beggars, servants and slave women. Having sex with them through force or without consent usually had no legal consequence or punishment. During the Viking Age , women had a relatively free status in the Nordic countries of Sweden, Denmark and Norway, illustrated in
10528-457: The year 415 at the hands of a Christian mob. Since Byzantine law was essentially based on Roman law, the legal status of women did not change significantly from the practices of the 6th century. But the traditional restriction of women in public life as well as the hostility against independent women still continued. Greater influence of Greek culture contributed to strict attitudes about women's roles being domestic instead of being public. There
10640-548: Was Roman-based written law, which was predominant in southern France, Italy, Spain and Portugal. Customary laws favoured men more than women. For example, inheritance among the elites in Italy, England, Scandinavia and France was passed on to the eldest male heir. In all of the regions, the laws also gave men substantial powers over the lives, property and bodies of their wives. However, there were some improvements for women as opposed to ancient custom; for example, they could inherit in
10752-454: Was also a growing trend of women who were not prostitutes, slaves or entertainers to be entirely veiled. Like previous Roman law, women could not be legal witnesses, hold administrations or run banking but they could still inherit properties and own land. As a rule, the influence of the church was exercised in favor of the abolition of the disabilities imposed by the older law upon celibacy and childlessness, of increased facilities for entering
10864-458: Was among those who thought that societal problems like alcoholism, drug abuse and crime resulted from mental deficiencies. In a 1932 article titled "Overpopulation and Birth Control", she states: "over-population [is a] basic problem of all ... none of our troubles can even be allayed until this is remedied". As the politics behind the Second World War continued to develop, Murphy, who was
10976-477: Was an essential part of countryside land reform as women could no longer legally be sold to landlords. The official slogan was "Men and women are equal; everyone is worth his (or her) salt". Both before and during biblical times, the roles of women in society were severely restricted. Nonetheless, in the Bible, women are depicted as having the right to represent themselves in court, the ability to make contracts, and
11088-547: Was based on a British common law ruling of 1876, which stated, "women were eligible for pains and penalties, but not rights and privileges." His appeal was rejected out of hand. In 1919, Murphy presided over the inaugural conference of the Federated Women's Institutes of Canada , which passed a resolution calling for a female senator to be appointed. The National Council of Women and the Montreal Women's Club also supported
11200-491: Was encouraged by the state. By 27–14 BCE the ius tritium liberorum ("legal right of three children") granted symbolic honors and legal privileges to a woman who had given birth to three children and freed her from any male guardianship. In the earliest period of the Roman Republic, a bride passed from her father's control into the "hand" (manus) of her husband. She then became subject to her husband's potestas , though to
11312-527: Was established by this first political victory. Murphy's success in the fight for the Dower Act, along with her work through the Local Council of Women and her increasing awareness of women's rights, influenced her request for a female magistrate in the women's court. In 1916, Murphy, along with a group of women, attempted to observe a trial for women who were labelled prostitutes and were arrested for "questionable" circumstances. The women were asked to leave
11424-493: Was given to bouts of jealousy, or suffered from an incurable or loathsome disease or disorder. But there were also limits for the husband – for example, he could not divorce if she observed her parents-in-law's mourning sites, if she had no family to return to, or if the husband's family used to be poor and since then had become richer. Confucian thinking relegated women in China to subordinate roles and foot binding left them homemakers. About 45% of Chinese women had bound feet in
11536-417: Was largely ahead and much superior in its treatment towards women than most European countries. Medieval marriages among the elites were arranged in a way that would meet the interests of the family as a whole. Theoretically a woman needed to consent before a marriage took place and the Church encouraged this consent to be expressed in present tense and not future. Marriage could also take place anywhere and
11648-442: Was not always true. Sometimes, regardless of expectations, women did participate and attend court cases and court meetings. But women could not act as justices in courts, be attorneys or members of a jury, or accuse another person of a felony unless it was the murder of her husband. For the most part, the best thing a woman could do in medieval courts was to observe the legal proceedings taking place. Swedish law protected women from
11760-525: Was not respected by the Division of Narcotic Control because of the creative liberties she took in presenting research they had assisted her with. According to Carstairs, "There were insinuations in the records that the bureaucrats at the division of narcotic control did not think highly of Emily Murphy and did not pay attention to what she was writing about. They didn't consider her a particularly accurate or valuable source." Carstairs also states that while Murphy
11872-538: Was not the primary cause of the drug panic in Vancouver, but that nevertheless "her articles did mark a turning point and her book ... brought the Vancouver drug panic to a larger Canadian audience". Race permeates The Black Candle , and is intricately entwined with the drug trade and addiction in Murphy's analysis. Yet she is ambiguous in her treatment of non-whites. In one passage, for example, she chastises whites who use
11984-416: Was referred to as ringkvinna , and she exercised all the rights afforded to the head of a family clan, such as the right to demand and receive fines for the slaughter of a family member, unless she married, by which her rights were transferred to her husband. After the age of 20, an unmarried woman, referred to as maer and mey , reached legal majority, had the right to decide her place of residence, and
12096-483: Was regarded as her own person before the law. An exception to her independence was the right to choose a marriage partner, as marriages were normally arranged by the clan. Widows enjoyed the same independent status as unmarried women. Women had religious authority and were active as priestesses ( gydja ) and oracles ( sejdkvinna ); within art as poets ( skalder ) and rune masters ; and as merchants and medicine women. They may also have been active within military office:
12208-663: Was the pater familias or the male head of the household who exercised his authority over all his children, servants, and wife. Girls had equal inheritance rights with boys if their father died without leaving a will. Similar to Athenian women, Roman women had a guardian or as it was called "tutor" who managed and oversaw all her activity. This tutelage had limited female activity but by the first century to sixth century BCE, tutelage became very relaxed and women were accepted to participate in more public roles such as owning and managing property or acting as municipal patrons for gladiator games and other entertainment activities Childbearing
12320-457: Was the biggest factor in restricting women's autonomy. Custom, statute and practice not only reduced women's rights and freedoms but prevented single or widowed women from holding public office on the justification that they might one day marry. According to English Common Law , which developed from the 12th century onward, all property which a wife held at the time of marriage became a possession of her husband. Eventually, English courts forbade
12432-435: Was the same as Athenian women. Plato acknowledged that extending civil and political rights to women would substantively alter the nature of the household and the state. Aristotle , who had been taught by Plato, denied that women were slaves or subject to property, arguing that "nature has distinguished between the female and the slave", but he considered wives to be "bought". He argued that women's main economic activity
12544-435: Was working as an Anglican priest, Murphy explored her new surroundings and became increasingly aware of the poverty that existed. At the age of 40, when her children became independent and began their separate lives, Murphy began to actively organize women's groups where the isolated housewives could meet and discuss ideas and plan group projects. In addition to these organizations, Murphy began to speak openly and frankly about
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