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‘For the Husband Is the Head of the Wife’: Ephesians 5

Sustaining Violence against Women—Past and Present, Law and Culture
  • Patmalar Ambikapathy ThuraisinghamEmail author
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Abstract

Working from her long-term practice in law as a solicitor and more recently barrister in Australia, and earlier in England and Malaysia, Patmalar Ambikapathy Thuraisingham recounts the strong influence Roman law has had on the development of the common law as it applies in the UK, particularly England and Wales, and thence in British colonies. By reference to jurisprudential statis, she asks and answers the question of how criminal assault at home by husbands of their wives became embedded in the law, so as to uphold and compound discrimination against women and differential treatment between women and men. Legal, political, religious and public order systems in societies founded in the British tradition continue to fail in their proper role of actively promoting a non-violent culture and legal and religious values that should offer protection to women and children, to free them from assaults perpetrated breadwinners, she observes, locating the problem in the education of lawyers in the tradition of Chief Justice Hale and William Blackstone. Albeit these two are respected as jurisprudential doyens, their impact on the legal system has had profoundly detrimental consequences for women and children, providing too often absolution or at minimum support for violent husbands and fathers. Women’s role in law and society, at least in that part of the world deemed ‘western’, finds its foundation in law, customs and religious edicts of the past, which continue into the present, however secular society is said to be. Ending violence against women and children can come about only, she says, by addressing, acknowledging and renouncing this legal and cultural foundation.

Keywords

Marital Rape Canonical Rule Biblical Teaching Criminal Assault Norman Conquest 
These keywords were added by machine and not by the authors. This process is experimental and the keywords may be updated as the learning algorithm improves.

Bibliography

  1. ABC News. (2015a, January 26). Australian of the year: Rosie Batty awarded top honours for efforts to stop family violence. http://www.abc.net.au/news/2015-01-25/rosie-batty-named-australian-of-the-year-2015/6045290. Accessed 5 April 2016.
  2. Aldhouse-Green, M. (1997). Exploring the world of the Druids. London: Thames and Hudson.Google Scholar
  3. Ambikapathy, P. (1992). Contradictions. In J. A. Scutt (Ed.), As a woman—writing women’s lives (pp. 221–229). Melbourne: Artemis Publishing.Google Scholar
  4. Bartlett, R. [1986] (2014). Trial by fire and water: the medieval judicial ordeal. Brattleboro: Echo Point Books.Google Scholar
  5. Blackstone, W. [1979] (2002). Commentaries on the laws of England, 1765–1769, republished Chicago: University of Chicago Press.Google Scholar
  6. Chadwick, N. (1966). The Druids. Cardiff: University of Wales Press.Google Scholar
  7. Cunliffe, B. (2005). Iron age communities in Britain: an account of England, Scotland and Wales from 7th century BC until the Roman Conquest (4th edn). London: Routledge.Google Scholar
  8. Edwards, S.S.M. (1981). Female sexuality and the law. London: Blackstone.Google Scholar
  9. Edwards, S.S.M. [1996] (2013). Sex and gender in the legal process (4th edn). London: Blackstone.Google Scholar
  10. Ford, C. (2015a, April). Editorial. Law Institute Journal, 89(1), 1.Google Scholar
  11. Ford, C. (2015b, January–February). On a mission to end family violence. Law Institute Journal, 89(1&2), 20.Google Scholar
  12. Geis, G., & Bunn, I. (1997). A trial of witches—a seventeenth-century Witchcraft prosecution. London: Routledge.Google Scholar
  13. Hale, M. [1736] (1800). Pleas of the Crown (vols. 1&2). London: Sollom Emlyn, Lincoln’s Inn, reprinted E. Rider – Little Britain.Google Scholar
  14. Hengel, M. (1979). Acts and the history of earliest Christianity. London: SCM Press.Google Scholar
  15. Hengel, M. (1974). Property and riches in the early church. London: SCM Press.Google Scholar
  16. Hutton, R. (1991). The pagan religions of the ancient British Isles: their nature and legacy. Oxford: Blackwell.Google Scholar
  17. Mackinnon, C.A. (1987). Feminism unmodified—discourses on life and law. Cambridge, MA: Harvard University Press.Google Scholar
  18. Mackinnon, C.A. (2007). Women’s lives, men’s laws. Cambridge MA: Harvard University Press.Google Scholar
  19. Outhwaite, R.B. (2007). The rise and fall of the English ecclesiastical courts, 1500–1860. Cambridge, UK: Cambridge University Press.CrossRefGoogle Scholar
  20. PGA v. The Queen. (2012, May 30). HCA 21. http://www.austlii.edu.au/au/cases/cth/HCA/2012/21.html. Accessed 2 April 2016.
  21. Popkin v. Popkin. (1794). 1 Hag.Ecc. 765 n.Google Scholar
  22. R. v. L. (1991). 174 CLR 379; [1991] HCA 48. http://www.austlii.edu.au/au/cases/cth/HCA/1991/48.html. Accessed 2 April 2016.
  23. R. v. R. (1991) 3 WLR 767.Google Scholar
  24. Scutt, J.A. (1977). Consent in rape: the problem of the marriage contract. Monash University Law Review, 3(4), 255–288.Google Scholar
  25. Scutt, J.A. [1983] (1990). Even in the best of homes—violence in the family. Melbourne: McCulloch Publishing.Google Scholar
  26. Scutt, J.A. (1980). Rape law reform. Canberra: Australian Institute of Criminology.Google Scholar
  27. Scutt, J.A. (1990). Women and the law. Sydney: Law Book/Thomson.Google Scholar
  28. Scutt, J.A. (1997). The incredible woman—power and sexual politics (vols 1&2). Melbourne: Artemis Publishing.Google Scholar
  29. Scutt, J.A. (2016). Women and Magna Carta—a treaty for right or wrongs? Basingstoke: Palgrave Macmillan.CrossRefGoogle Scholar

Copyright information

© The Author(s) 2016

Authors and Affiliations

  1. 1.Victorian BarMelbourneAustralia

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