Marital Violence: An English Family History, 1660–1857

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Cambridge University Press, 2005/08/25
This book exposes the 'hidden' history of marital violence and explores its place in English family life between the Restoration and the mid-nineteenth century. In a time before divorce was easily available and when husbands were popularly believed to have the right to beat their wives, Elizabeth Foyster examines the variety of ways in which men, women and children responded to marital violence. For contemporaries this was an issue that raised central questions about family life: the extent of men's authority over other family members, the limitations of women's property rights, and the problems of access to divorce and child custody. Opinion about the legitimacy of marital violence continued to be divided but by the nineteenth century ideas about what was intolerable or cruel violence had changed significantly. This accessible study will be invaluable reading for anyone interested in gender studies, feminism, social history and family history.

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Introduction
1
Rethinking the histories of violence
30
Resisting violence
84
Children and marital violence
129
Beyond conjugal ties and spaces
168
The origins of professional responses
205
The 1857 Divorce Act and its consequences
234
Bibliography
256
Index
275
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42 ページ - Still less is it cruelty, where it wounds not the natural feelings, but the acquired feelings arising from particular rank and situation ; for the court has no scale of sensibilities by which it can gauge the quantum of injury done and felt...
40 ページ - The husband also, by the old law, might give his wife moderate correction. For, as he is to answer for her misbehaviour, the law thought it reasonable to intrust him with this power of restraining her, by domestic chastisement, in the same moderation that a man is allowed to correct his apprentices or children; for whom the master or parent is also liable in some cases to answer.
42 ページ - The causes must be grave and weighty, and such as shew an absolute impossibility that the duties of the married life can be discharged. In a state of personal danger no duties can be discharged ; for the duty of self-preservation must take place before the duties of marriage, which are secondary both in commencement and in obligation ; but what falls short of this is with great caution to be admitted.
42 ページ - What merely wounds the mental feelings is in few cases to be admitted, where they are not accompanied with bodily injury, either actual or menaced. Mere austerity of temper, petulance of manners, rudeness of language, a want of civil attention and accommodation, even occasional sallies of passion, if they do not threaten bodily harm, do not amount to legal cruelty...
40 ページ - her legal existence and authority are in a manner lost;" when Petersdorff asserts that "the husband has the right of imposing such corporeal restraints as he may deem necessary," and Bacon that "the husband hath, by law, power and dominion over his wife, and may keep her by force within the bounds of duty, and may beat her, but not in a violent or cruel manner;
79 ページ - A blow between parties in the lower conditions and in the highest stations of life, bears a very different aspect. Among the lower classes, blows sometimes pass between married couples who in the main are very happy, and have no desire to part ; amidst very coarse habits, such incidents occur almost as freely as rude or reproachful words ; a word and a blow go together.
132 ページ - I think I may say, that of all the men we meet with, nine parts of ten are what they are, good or evil, useful or not, by their education.
65 ページ - For no man ever yet hated his own flesh, but nourisheth and cherisheth it, even as the Lord the church.
11 ページ - Marriage is the most solemn engagement which one human being can contract with another. It is a contract formed with a view, not only to the benefit of the parties themselves, but to the benefit of third parties ; to the benefit of their common offspring, and to the moral order of civil society.
42 ページ - ... of manners, rudeness of language, a want of civil attention and accommodation, even occasional sallies of passion, if they do not threaten bodily harm, do not amount to legal cruelty ; they are high moral offences in the marriage state undoubtedly, not innocent surely in any state of life, but still they are not that cruelty against which the law can relieve.

著者について (2005)

Elizabeth Foyster is Lecturer in History at Clare College, Cambridge. She previously published Manhood in Early Modern England: Honour, Sex and Marriage (1999).

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