is distributed between the father and mother and



AMERICA AND THE NEW YORK CODE, 97

brother or sister of the deceased, and only if there
are none of these does the whole surplus, whatever
its amount, belong absolutely to her. Is it, then,
fair that the husband should succeed without condi-
tion or reserve to the whole of the surplus left by
his wife ?



CONCLUDING CHAPTER.
TN the " Record of Rites " by Confucius it is written :
■*■ " Man stands in importance before the woman :
it is the right of the strong over the weak. Heaven
ranks before earth ; the prince ranks before his min-
ister. This law of honour is one." ^ It is indeed one
of universal application. As is the distance between
heaven and earth, such is that between man and
woman. The analogy belongs to no particular clime,
and is justified by no particular faith* The position
of women is grounded on the right of the strong
over the weak, or in other words, on the right
of might. If this is once clearly recognised, we
shall be the readier to part with old ideas, and
be less startled at proposed alterations in hereditary
customs.
