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Title: Legal or just? Law, ethics and the double standard in the nineteenth-century divorce court
Authors: Hoegaerts, Josephine # ×
Issue Date: 2008
Publisher: Cornell Law School
Series Title: Law and History Review vol:2 issue:26 pages:1-26
Abstract: This paper examines the multiple layers of speech in the late nineteenth-century courtroom. Drawing on the accounts of litigants and witnesses, the divorce proceeding is interpreted as a staged and public performance in which upper- and lower-class men and women (re)produced their and others’ identities and marital norms and conventions. Using the standards regarding adultery in both legal codes and practices as an example of the creation of acceptable marital behaviour, it will be argued that the “double standard” for which the Code Napoléon became infamous was not so much taken for granted, but that it rather functioned as the unstable and contested symbol of a site of gendered conflict.
ISSN: 0738-2480
VABB publication type: VABB-1
Publication status: published
KU Leuven publication type: IT
Appears in Collections:Modernity & Society 1800-2000, Leuven
× corresponding author
# (joint) last author

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