Whores, whore-chasers, and swine: The regulation of sexuality and the restoration of order in the nineteenth century German divorce court

Journal of Family History

Volumn 21, Issue 3, 1996, Pages 267-280

  Abrams, Lynn ^a  

^a NONE

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[No Author keywords available]

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EID: 0030527051     PISSN: 03631990     EISSN: None     Source Type: Journal    
DOI: 10.1177/036319909602100302     Document Type: Article

References (82)

1. Hauptstaatsarchiv Düsseldorf (hereafter, HStAD), Zweigarchiv Kalkum, Cleve Landgericht, Rep 7/240: 20 Nov 1833.
2. On the Reformation and its explicit coupling of order within marriage and the community, see L. Roper, The Holy Household: Women and Morals in Reformation Augsburg (Oxford: Clarendon Press, 1989); J. F. Harrington, Reordering Marriage and Society in Reformation Germany (Cambridge: Cambridge University Press, 1995); M. Wiesner, Women and Gender in Early Modern Europe (Cambridge: Cambridge University Press, 1993). For a comparison with England in the same period, see A. Fletcher, Gender, Sex and Subordination: England, 1500-1800 (New Haven/London: Yale University Press, 1995).
3. On the Reformation and its explicit coupling of order within marriage and the community, see L. Roper, The Holy Household: Women and Morals in Reformation Augsburg (Oxford: Clarendon Press, 1989); J. F. Harrington, Reordering Marriage and Society in Reformation Germany (Cambridge: Cambridge University Press, 1995); M. Wiesner, Women and Gender in Early Modern Europe (Cambridge: Cambridge University Press, 1993). For a comparison with England in the same period, see A. Fletcher, Gender, Sex and Subordination: England, 1500-1800 (New Haven/London: Yale University Press, 1995).
4. On the Reformation and its explicit coupling of order within marriage and the community, see L. Roper, The Holy Household: Women and Morals in Reformation Augsburg (Oxford: Clarendon Press, 1989); J. F. Harrington, Reordering Marriage and Society in Reformation Germany (Cambridge: Cambridge University Press, 1995); M. Wiesner, Women and Gender in Early Modern Europe (Cambridge: Cambridge University Press, 1993). For a comparison with England in the same period, see A. Fletcher, Gender, Sex and Subordination: England, 1500-1800 (New Haven/London: Yale University Press, 1995).
5. On the Reformation and its explicit coupling of order within marriage and the community, see L. Roper, The Holy Household: Women and Morals in Reformation Augsburg (Oxford: Clarendon Press, 1989); J. F. Harrington, Reordering Marriage and Society in Reformation Germany (Cambridge: Cambridge University Press, 1995); M. Wiesner, Women and Gender in Early Modern Europe (Cambridge: Cambridge University Press, 1993). For a comparison with England in the same period, see A. Fletcher, Gender, Sex and Subordination: England, 1500-1800 (New Haven/London: Yale University Press, 1995).
6. See L. Roper, "Will and Honor: Sex, Words and Power in Augsburg Criminal Trials," Radical History Review 43 (1989): 45-71.
7. For a discussion of these issues in the early modern period, see J. Wiltenburg, Disorderly Women and Female Power in the Street Literature of Early Modern England and Germany (Charlottesville, VA, 1992), esp. chap. 7.
8. A similar situation is described by Anna Clark for late eighteenth and early nineteenth century Britain in her The Struggle for the Breeches: Gender and the Making of the British Working Class (London: Rivers Oram Press, 1995).
9. Until 1900 and the introduction of a unified Civil Code for Germany, a variety of law codes were in force. While the Prussian Rhine Province and Baden were under the jurisdiction of the French Code civil, the rest of Prussia was subject to the Allgemeines Landrecht, Saxony had its own law code as did the free city states.
10. For example, the husband had to be at least 25 years old, the wife at least 21; permission of parents or grandparents was required; and this means of divorce was not permissible if the marriage was of more than 20 years duration or the wife was older than 45.
11. See U. Vogel, "Whose Property? The Double Standard of Adultery in Nineteenth Century Law," in Regulating Womanhood: Historical Essays on Marriage, Motherhood and Sexuality, ed. C. Smart (London, 1992).
12. Von Savigny cited in Ibid., 157.
13. On woman's disorderly nature, see N. Zemon Davis, Society and Culture in Early Modern France (Oxford, 1987); and on attempts to control this, see C. Smart, "Disruptive Bodies and Unruly Sex: The Regulation of Reproduction and Sexuality in the Nineteenth Century," in Regulating Womanhood, ed. Smart, 7-32.
14. On woman's disorderly nature, see N. Zemon Davis, Society and Culture in Early Modern France (Oxford, 1987); and on attempts to control this, see C. Smart, "Disruptive Bodies and Unruly Sex: The Regulation of Reproduction and Sexuality in the Nineteenth Century," in Regulating Womanhood, ed. Smart, 7-32.
15. See E. Blackwood Wright, French Civil Code (London, 1908).
16. It is notable that in other civil jurisdictions where cruelty was not a legitimate ground for divorce, plaintiffs were more likely to seek a formal separation agreement (Ehescheidung von Tisch und Bett), which did acknowledge mistreatment as an "intolerable burden" on a spouse.
17. HStAD, Rep 7: Landgericht zu Cleve. Comparable figures are available for elsewhere, for example, in the Frankfurt/Oder jurisdiction under the Allgemeines Landrecht, drunkenness and assault was the most common ground cited prompting Blasius to argue that divorce appeared to have a "ventilation function" for women. D. Blasius, "Bürgerliche Rechtsgleichheit und die Ungleichheit der Geschlechter," in Bürgerinnen und Bürger, ed. U. Frevert (Göttingen, 1988) 77-8.
18. For a survey of divorce law, see R. Phillips, Untying the Knot: A Short History of Divorce (Cambridge, 1991).
19. G. Hohorst, J. Kocka, and G. Ritter, Sozialgeschichtliches Arbeitsbuch II. Materiellen zur Statistik des Kaiserreichs, 1870-1914 (Munich, 1978), 26.
20. See D. Blasius, Ehescheidung in Deutschland im 19. und 20. Jahrhundert (Frankfurt, 1992), 35-6 and 76-7.
21. Statistisches Jahrbuch für das Deutsche Reich, vol. 28 (1907).
22. The best example of this kind of local study for Germany is David Sabean's Property, Production and Family in Neckarhausen, 1700-1870 (Cambridge, 1990). On the qualitative approach to the history of marriage and divorce see L. Stone, Uncertain Unions and Broken Lives (Oxford, 1995).
23. The best example of this kind of local study for Germany is David Sabean's Property, Production and Family in Neckarhausen, 1700-1870 (Cambridge, 1990). On the qualitative approach to the history of marriage and divorce see L. Stone, Uncertain Unions and Broken Lives (Oxford, 1995).
24. Stone, Uncertain Unions, 36.
25. H. Lademacher, "Die nördlichen Rheinlande von der Rheinprovinz bis zur Bildung des Landschaftsverbandes (1815-1953)," in Rheinische Geschichte, ed. F. Petri and G. Droege (Düsseldorf, 1976), 487. See also J. Sperber, Rhineland Radicals (Princeton, 1991), 35-6.
26. H. Lademacher, "Die nördlichen Rheinlande von der Rheinprovinz bis zur Bildung des Landschaftsverbandes (1815-1953)," in Rheinische Geschichte, ed. F. Petri and G. Droege (Düsseldorf, 1976), 487. See also J. Sperber, Rhineland Radicals (Princeton, 1991), 35-6.
27. On the relationship between poverty and marriage breakdown, see O. Hufton, The Poor of Eighteenth Century France, 1750-1789 (Oxford, 1974).
28. On the power and import of the word "whore" in England, see L. Gowing, "Language, Power and the Law: Women's Slander Litigation in Early Modern London," in Women, Crime and the Courts in Early Modern England, ed. J. Kermode and G. Walker (London, 1994), 26-47.
29. For an explanation of the variety of meanings associated with the term Hur and Hund, see H. Bächtold-Stäubli, Handwörterbuch des Deutschen Aberglaubens, vol. 4 (Berlin and Leipzig, 1931-2), 470-90 (Hund), 506-13 (Hur).
30. Sabean, Property, Production and Family, 144.
31. HStAD, Rep 7/249: 15 January 1839.
32. Ibid., Rep 7/239: 2 March 1833.
33. Ibid., Rep 7/254: 4 February 1842.
34. Ibid., Rep 7/283: 7 October 1858.
35. Ibid., Rep 7/225: 7 May 1853.
36. Sabean, Property, Production and Family, 144. Laura Gowing argues that whore was "the focus for a dialogue about the honesty of women," in "Language, Power and the Law", 29. It is important to note that the abusive term Hexe (witch) was never mentioned in these cases, unlike during the previous century, according to Sabean. See also L. Roper, "Exorcism and the Theology of the Body," in Oedipus and the Devil, ed. L. Roper (London, 1994), 171-98.
37. Sabean, Property, Production and Family, 144. Laura Gowing argues that whore was "the focus for a dialogue about the honesty of women," in "Language, Power and the Law", 29. It is important to note that the abusive term Hexe (witch) was never mentioned in these cases, unlike during the previous century, according to Sabean. See also L. Roper, "Exorcism and the Theology of the Body," in Oedipus and the Devil, ed. L. Roper (London, 1994), 171-98.
38. Sabean, Property, Production and Family, 144. Laura Gowing argues that whore was "the focus for a dialogue about the honesty of women," in "Language, Power and the Law", 29. It is important to note that the abusive term Hexe (witch) was never mentioned in these cases, unlike during the previous century, according to Sabean. See also L. Roper, "Exorcism and the Theology of the Body," in Oedipus and the Devil, ed. L. Roper (London, 1994), 171-98.
39. See Roper, "Will and Honor"; S. Dwyer Amussen,An Ordered Society. Gender and Class in Early Modern England (Oxford, 1988). Also J. Sharpe, "Defamation and Sexual Slander in Early Modern England: The Church Courts at York," in Borthwick Papers, vol. 58 (York, 1980).
40. See Roper, "Will and Honor"; S. Dwyer Amussen,An Ordered Society. Gender and Class in Early Modern England (Oxford, 1988). Also J. Sharpe, "Defamation and Sexual Slander in Early Modern England: The Church Courts at York," in Borthwick Papers, vol. 58 (York, 1980).
41. See Roper, "Will and Honor"; S. Dwyer Amussen,An Ordered Society. Gender and Class in Early Modern England (Oxford, 1988). Also J. Sharpe, "Defamation and Sexual Slander in Early Modern England: The Church Courts at York," in Borthwick Papers, vol. 58 (York, 1980).
42. HStAD, Rep 7/233: 16 October 1823.
43. Under the Prussian Allgemeines Landrecht, divorce was permissible on grounds of grober und widerrechtlicher Kränkung der Ehre sowie bei Verletzung der persönlicher Freiheit des anderen Ehegatten, but a distinction was made between social classes; that is, the lower classes were not entitled to divorce on grounds of mere verbal injury or threats; see S. Weber-Will, Die rechtliche Stellung der Frau im Privatrecht des Preussischen Allgemeinen Landrechts von 1794 (Frankfurt am Main, 1983), 146.
44. L. Gowing, "Gender and the Language of Insult in Early Modern London," History Workshop Journal 35 (1993): 5. See also Wiltenburg, Disorderly Women, who suggests that compared with the power of woman's tongue in England, "in German street literature . . . the female tongue does not attain the same status as an invincible weapon and a symbol of female power," p. 106.
45. L. Gowing, "Gender and the Language of Insult in Early Modern London," History Workshop Journal 35 (1993): 5. See also Wiltenburg, Disorderly Women, who suggests that compared with the power of woman's tongue in England, "in German street literature . . . the female tongue does not attain the same status as an invincible weapon and a symbol of female power," p. 106.
46. cf. P. Morris, "Defamation and Sexual Reputation in Somerset, 1733-1850" (Ph.D. diss., University of Warwick, 1985), who writes, "Sexual language was used by men to discipline women who challenged their supremacy," cited in Clark, Struggle for the Breeches, 56.
47. cf. P. Morris, "Defamation and Sexual Reputation in Somerset, 1733-1850" (Ph.D. diss., University of Warwick, 1985), who writes, "Sexual language was used by men to discipline women who challenged their supremacy," cited in Clark, Struggle for the Breeches, 56.
48. HStAD, Rep 7/231: 17 July 1822.
49. Ibid., Rep 7/240: 20 November 1833.
50. Ibid., Rep 7/250: 1840.
51. Ibid., Rep 7/225: 7 May 1853.
52. Ibid., Rep 7/246: 2 November 1838.
53. Ibid., Rep 7/276: 15 March 1853.
54. This situation can be contrasted with that in Hamburg in the same period where adultery cases more frequently involved lodgers and live-in apprentices. Staatsarchiv Hamburg, Bestand 211-6, Niedergericht.
55. HStAD, Rep 7/273: 19 January 1853.
56. Ibid., Rep 7/259: 5 December 1846.
57. Ibid., Rep 7/257: 9 January 1844.
58. Ibid.
59. Sabean suggests for Neckarhausen that the changing sexual division of labor whereby women become heavily involved in productive labor was one impetus for marital tensions (Property, Production and Family, 163-6 ff). However, I have little evidence that this was also occurring in Cleve.
60. HStAD, Rep 7/225: 23 July 1844.
61. Ibid., Rep 7/255: 8 February 1844.
62. Ibid., Rep 7/237: 25 July 1832.
63. Ibid., Rep 7/275: 13 January 1853.
64. Ibid., Rep 7/247: 27 September 1838.
65. Ibid., Rep 7/240: 20 November 1833.
66. Ibid., Rep 7/253: 4 February 1842; Rep 7/254: 6 May 1842.
67. Ibid., Rep 7/264: 7 July 1848.
68. Ibid., Rep 7/234: 30 June 1824.
69. Ibid., Rep 7/228: 17 May 1820.
70. See L. Gordon, Heroes of Their Own Lives: The Politics and History of Family Violence (London, 1989); R. P. Dobash and R. E. Dobash, Violence Against Wives: A Case Against Patriarchy (1979).
71. See L. Gordon, Heroes of Their Own Lives: The Politics and History of Family Violence (London, 1989); R. P. Dobash and R. E. Dobash, Violence Against Wives: A Case Against Patriarchy (1979).
72. See S. D'Cruze, "Approaching the History of Rape and Sexual Violence: Notes Towards Research," Women's History Review 1 (1992): 377-96; G. Ruggiero, The Boundaries of Eros: Sex and Sexuality in Renaissance Venice (Oxford, 1980); G. Ruggiero, Violence in Early Renaissance Venice (New Brunswick, NJ, 1980).
73. See S. D'Cruze, "Approaching the History of Rape and Sexual Violence: Notes Towards Research," Women's History Review 1 (1992): 377-96; G. Ruggiero, The Boundaries of Eros: Sex and Sexuality in Renaissance Venice (Oxford, 1980); G. Ruggiero, Violence in Early Renaissance Venice (New Brunswick, NJ, 1980).
74. See S. D'Cruze, "Approaching the History of Rape and Sexual Violence: Notes Towards Research," Women's History Review 1 (1992): 377-96; G. Ruggiero, The Boundaries of Eros: Sex and Sexuality in Renaissance Venice (Oxford, 1980); G. Ruggiero, Violence in Early Renaissance Venice (New Brunswick, NJ, 1980).
75. Sabean, Property, Production and Family, 133-8.
76. HStAD, Rep 7/225: 7 May 1853.
77. cf. S. Möhle, "Ehen in der Krise: zur Bedeutung der Eigentumsrechte und der Arbeit von Frauen in Ehekonflikten (Göttingen 1740-1840)," in Familie und Familienlosigkeit, ed. J. Schlumbohm (Hannover, 1993), 39-50.
78. HStAD, Rep 7/241: 16 October 1834.
79. Ibid., Rep 7/245: 1838.
80. Ibid., Rep 7/253: 4 February 1842.
81. Ibid., Rep 7/264: 7 July 1848.
82. Ibid., Rep 7/261: 1846.