Napoleon's Code Of 1807: Unequal Between Men And Women

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In analyzing Napoleon's Code of 1807, I was struck by the revolutionary changes it introduced into French society. The Code was a landmark legal document that abolished the privileges of the aristocracy, clergy and government, laying the foundation for a more egalitarian society. Personally, I think this was a monumental breakthrough in the quest for equality for all people. However, when I examined the marriage laws outlined in the code, I was disappointed to discover that they were unequal between men and women. Men were granted more rights and privileges than women in matters of marriage and inheritance. For this reason, I believe that Napoleon's code did not have the courage to lay the foundations for gender equality. As I continued to …show more content…

Moreover, women could also only initiate a divorce on the grounds of desertion, which men were not allowed to do. This discrepancy in the grounds for divorce clearly favored men and limited the options available to women. Another area where the Code favored men was in custody of children. The Code typically granted custody of the children to the father after a divorce, unless there was a compelling reason to the contrary. Additionally, the father had the power to determine the religion in which the children would be raised, and could even prevent the mother from seeing them if he deemed it necessary. This clearly favored men, as it limited the mother's involvement in the upbringing of her children and gave the father more control over their lives. the Code also gave men more control over marital property. While a husband could dispose of any property he acquired during the marriage without his wife's consent, a wife needed her husband's permission to sell or transfer any property. This inequality in property rights limited the economic independence of women and made it difficult for them to assert their financial