Note 178 — Chapter XV

Maine (Gaius) says of the position of woman under Roman law before the introduction of Christianity: "The juriconsulists had evidently at this time assumed the equality of the sexes as a principle of the code of equity. The situation of the Roman woman, whether married or single, became one of great personal and property independence ... but Christianity tended somewhat, from the very first, to narrow this remarkable liberty. The prevailing state of religious sentiment may explain why modern jurisprudence has adopted these rules concerning the position of woman which belong peculiarly to an imperfect civilization.... No society which preserves any tincture of Christian institutions, is likely to restore to married women the personal liberty conferred on them by middle Roman law. Canon law has deeply injured civilization."