Marriage Wife Beating And The Law In Victorian England

This text examines the evolution of wifehood, the strength and enduring popluarity of the fiction of marital unity, and the attitudes of Victorian England which led to a growing concern about wife-beating.

Bridging the fields of political theory and history, this comprehensive study of Victorian reforms in marriage law reshapes our understanding of the feminist movement of that period. As Mary Shanley shows, Victorian feminists argued that justice for women would not follow from public rights alone, but required a fundamental transformation of the marriage relationship.

Bridging the fields of political theory and history, this comprehensive study of Victorian reforms in marriage law reshapes our understanding of the feminist movement of that period. As Mary Shanley shows, Victorian feminists argued that justice for women would not follow from public rights alone, but required a fundamental transformation of the marriage relationship.

Cruelty and Companionship is an account of the intimate but darker sides of marriage in Victorian and Edwardian England. Hammerton draws upon previously unpublished material from the records of the divorce court and magistrates' courts to challenge many popular views about changing family patterns. His findings open a rare window onto the sexual politics of everyday life and the routine tensions which conditioned marriage in middle and working class families. Using contemporary evidence ranging from prescriptive texts and public debate to autobiography and fiction, Hammerton examines the intense public scrutiny which accompanied the routine exposure of marital breakdown, and charts a growing critique of men's behaviour in marriage which increasingly demanded regulation and reform. The critical discourse which resulted, ranging from paternalist to feminist, casts new light on the origins and trajectory of nineteenth century feminism, legal change and our understanding of the changing expression of masculinity.

Sensation novels, a genre characterized by scandalous narratives and emotionally and socially provocative dialogue and plots, had their heyday in England in the 1860s and 1870s, in the midst of growing concern about codes of behavior in marriage. Exploring the central metaphor of marital violence in these novels, Marlene Tromp uncovers the relationship between the representations of such violence in fiction and in the law. Her investigation demonstrates that sensational constructions of gender, marriage, "brutal" relationships, and even murder, were gradually incorporated into legal debates and realist fiction as the Victorian understanding of what was "real" changed. --from publisher description.

Explaining the curious legal doctrine of "coverture," William Blackstone famously declared that "by marriage, husband and wife are one person at law." This "covering" of a wife's legal identity by her husband meant that the greatest subordination of women to men developed within marriage. In England and its colonies, generations of judges, legislators, and husbands invoked coverture to limit married women's rights and property, but there was no monolithic concept of coverture and their justifications shifted to fit changing times: Were husband and wife lord and subject? Master and servant? Guardian and ward? Or one person at law? The essays in Married Women and the Law offer new insights into the legal effects of marriage for women from medieval to modern times. Focusing on the years prior to the passage of the Divorce Acts and Married Women's Property Acts in the late nineteenth century, contributors examine a variety of jurisdictions in the common law world, from civil courts to ecclesiastical and criminal courts. By bringing together studies of several common law jurisdictions over a span of centuries, they show how similar legal rules persisted and developed in different environments. This volume reveals not only legal changes and the women who creatively used or subverted coverture, but also astonishing continuities. Accessibly written and coherently presented, Married Women and the Law is an important look at the persistence of one of the longest lived ideas in British legal history. Contributors include Sara M. Butler (Loyola), Marisha Caswell (Queen’s), Mary Beth Combs (Fordham), Angela Fernandez (Toronto), Margaret Hunt (Amherst), Kim Kippen (Toronto), Natasha Korda (Wesleyan), Lindsay Moore (Boston), Barbara J. Todd (Toronto), and Danaya C. Wright (Florida).

Combining a vivid analysis of criminal records and public debate with theories from cultural studies, anthropology and social geography, this book contributes to current debates in history, criminology and violence studies.

Essay on the legal status of women in British law and her own personal experience with leaving her husband in 1836 and the legal aftermath. Pages 18-21 discuss legal cases involving enslaved persons in British colonies and the United States.

This book opens the curtain on the crucial role played by Victorian and Edwardian novelists in changing views of domestic violence. Examining the mechanisms of domestic violence through the historical lenses of the law, crime, and economics, this study illuminates these novelists’ depictions of wife-battering, including scenes in which women witness their children being beaten or children witness their mothers’ beatings. This book also shows how these representations interacted with changing paradigms of masculinity and femininity at the time. Extending from the decades before the 1857 Divorce Act to the Suffrage era, the book details the changing circumstances of conjugal violence and divorce in England. William Makepeace Thackeray’s The Memoirs of Barry Lyndon, Esq. (1844) and Caroline Norton’s Stuart of Dunleath: A Story of Modern Times (1851) expose the impact of class on reactions to domestic violence. Wilkie Collins’s The Law and the Lady (1875) and Ouida’s (Marie Louise de la Ramé) Moths (1880) depict proto-New Women figures who resist domestic violence, while traditional wife figures continue to fall victim. In Mona Caird’s The Wing of Azrael (1889) and Sir Arthur Conan Doyle’s The Hound of the Baskervilles (1902) and “The Adventure of the Abbey Grange” (1904), protagonists exact their own justice on perpetrators of domestic violence. By the Edwardian period, it was clear that legislation alone could not solve the problems of domestic violence. Constance Maud’s No Surrender (1911) adroitly links wife-battering with public violence against suffragettes, exposing the underlying British socio-cultural system that maintained women’s subordination.