apart from their character and conduct as individuals, scarcely dates back farther than a century, even from its beginnings. The earlier chivalry, where it obtained at all, applied only to the woman who presented what were conceived of as the ideal moral feminine characteristics in some appreciable degree. The mere physical fact of sex was never for a moment regarded as of itself sufficient to entitle the woman to any special homage, consideration, or immunity, over and above the man. No one suggested that the female criminal was less guilty or more excusable than the male criminal. No one believed that a woman had a vested right to rob or swindle a man because she had had sexual relations with him. This notion of the mere fact of sex—of femality—as of itself constituting a title to special privileges and immunities, apart from any other consideration, is a product of very recent times. In treating this question, in so far as it bears on the criminal law, it is important to distinguish carefully between the softening of the whole system of punishment due to the general development of humanitarian tendencies and the special discrimination made in favour of the female sex. These two things are very often inadequately distinguished from one another. Punishment may have become more humane where men are concerned, it may have advanced up to a certain point in this direction, but its character
