ABSTRACT

THE inconsistency between the two theories which have coexisted in our jurisprudence, the Common Law treating women as without independent will, while Constitutional Law left them until 1832 (de jure) capable of the sovereign power of voting, has complicated the question of the admission of women to the suffrage, in itself a purely constitutional claim, with numberless points relating to domestic legislation and laws affecting special classes of persons, as in the various relations of wife, mother and independent earner, and this to such an extent that we frequently hear it said that if the laws which press heavily on women were repealed the claim to the suffrage would have no justification. But this is to regard the subject from a side-issue. The real question lies much deeper. For women as for men 'Freedom is a noble thing,' and though noble lives may be led without it, the standard of a nation's life must be higher where freedom is within reach of all. Those who are excluded from the share in sovereign power which the right to the franchise bestows are amongst the governed but not amongst the governing and no-one can deny that for any considerable number of the governed to find themselves absolutely excluded from all chance and possibility of becoming one of the governing, is utterly inconsistent with all theories of political liberty.