In the manuscript "Article III: About Marriage
Settlements," Emily Murphy discusses the advantage of
alternative systems to the Dower Law in operation in Western
Canada. Specifically, she looks at the Community Property
Law that existed in Quebec, as well as the Swedish Marriage
Act, which became effective in 1920. Aside from her review
of matrimonial property law drawn from different systems,
Murphy also takes the opportunity to diagnose the root of
the problem underlying the need for marital property rights:
"They twain [husband and wife] may be of one flesh but
certainly not of one spirit. Truly, this is a sad and
sorrowful matter. . . . The only solution of these
difficulties of property rights in marriage lies in an
actual partnership. . . .
This balance of power, or code of equity, can only be
accomplished through the harmonious conjunction of fair men
and strong women. No longer should we concern or content
ourselves with the mere re-shuffling of the matrimonial
cards in that old and ever odious game popularly described
as 'beggar my neighbour.' The whole position should be
summed up in three words: comity of interests. There should
no longer be occasion for what is now called 'feminism,' or
'the woman's movement,'—a consummation to be devoutly
desired by men and women alike."
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