NCJ Number
45267
Date Published
1977
Length
22 pages
Annotation
THE HISTORY OF WIFEBEATING IS EXAMINED, FROM ANCIENT BIBLICAL TRADITION THROUGH THE LEGEND OF BLUEBEARD TO MODERN-DAY STATUTES AGAINST THIS PRACTICE.
Abstract
UNTIL RECENT YEARS, MARITAL VIOLENCE WAS CONSIDERED THE PRIVILEGE OF THE HUSBAND, OR A MEANS OF CHASTISING THE WIFE FOR UNDESIRED BEHAVIOR. THE TRANSFORMATION OF THE ADAM AND EVE STORY INTO THE RATIONALIZATION FOR MUCH OF THE CHRISTIAN WORLD'S MISTREATMENT OF WIVES IS TRACED THROUGH CHRISTIAN DOCTRINE AND INTERPRETATION, AND BIBLICAL EXAMPLES OF WIFEBEATING ARE CITED. AMONG THE MOST CELEBRATED CASES OF WIFEBEATING IS THE FRENCHMAN GILLES DE RAIS, ALSO KNOWN AS BLUEBEARD, WHO WAS ACTUALLY AN ABUSER OF YOUNG BOYS BUT WHOSE REPUTATION AS A MURDER OF WIVES HAS GROWN THROUGH THE YEARS. THE ATTITUDES OF MARTIN LUTHER, NAPOLEON BONAPARTE, JOHN ADAMS, AND SIR WILLIAM BLACKSTONE SHOW THAT EVEN THESE GREAT THINKERS FELT THAT A HUSBAND SHOULD HAVE TOTAL DOMINION OVER HIS WIFE. LEGAL PROVISIONS REGARDING WIFEBEATING ARE EXAMINED THROUGH THE NAPOLEONIC CODE, THE BRITISH COMMON LAW, AND EARLY AMERICAN LAW; AT LEAST MODERATE PHYSICAL CHASTISEMENT OF WIVES WAS UPHELD IN EACH CASE. LAWS PROVIDE THAT THE WIFE MAY CHARGE HER HUSBAND WITH BRUTALITY, IT IS NOTED THAT SHE IS STILL AFFORDED MUCH LESS PROTECTION UNDER THE LAW THAN IF THE VIOLENCE HAD BEEN INFLICTED BY SOMEONE ELSE. THE DEARTH OF LITERATURE ON THE TOPIC OF WIFEBEATING IS POINTED TO AS EVIDENCE THAT THIS PRACTICE WAS COMMONLY ACCEPTED AND NOT REGARDED AS A CRIME UNTIL MORE RECENT YEARS. REFERENCES ARE PROVIDED.