Shaw v. Shaw - Significance, Sticks And Stones, Patriarchal Power, Spousal Abuse, Further Readings

Shaw v. Shaw - Significance

This case illustrates why divorces were so rare during most of American history. Patriarchal rights were a given, spousal rape was not considered bodily harm severe enough to constitute cruelty, and jealously was apparently justified in the eyes of the courts. Divorce, until recently, has been rare in America. During the colonial period, anyone seeking a divorce had to produce written proof of the…

Shaw v. Shaw - Further Readings

Shaw v. Shaw - Sticks And Stones

In Connecticut, if a wife was in physical danger in her home, her husband had to support her somewhere else. Cruelty was a major cause of legal separation and divorce. However, a woman had to fear injury or death to expect a court to free her from the marriage. Shaw v. Shaw illustrates how narrowly the courts viewed cruelty even up to the mid-nineteenth century. Emeline and Daniel Shaw married on …

Shaw v. Shaw - Patriarchal Power

In February of 1845, after a preliminary hearing, the dispute went to Connecticut's Supreme Court of Errors. Daniel's lawyers argued that he was not guilty of "intolerable cruelty" because these words meant "personal violence," resulting in extreme suffering or death--or, at least, endangering one's life or health. Daniel's actions were not "cruel" in either sense--certainly not extreme enough to …

Shaw v. Shaw - Spousal Abuse