FAMILY AND LEGAL CONSEQUENCES OF ILL-TREATMENT OF WIVES AMONG THE TAXABLE POPULATION OF RUSSIA IN THE MIDDLE OF THE 19TH CENTURY
https://doi.org/10.18384/2310-6794-2022-3-51-66
Abstract
Aim. To consider the legal regulation of the consequences of cruel treatment of wives in the middle of the 19th century in Russia in relation to the taxable population.
Methodology. The history of the 1862 law adoption is being studied. This law for the first time in the history of Russia fixed, albeit for certain cases, the possibility of a wife to live separately from her husband in case of cruel treatment. The use of the concrete historical method made it possible, on the basis of archival sources, individual publications of the period under study, to determine the severity of the problem of domestic violence from the point of view of the state already in the middle of the 19th century. The dogmatic method helped to correctly select and interpret normative legal acts related to the issue under consideration. The generalization of the selected and analyzed material made it possible to determine the direction and nature of the legal regulation of relations associated with the separation of spouses belonging to the taxable population during the period under study.
Results. For the first time in the historical and legal literature the significance of the law of September 17, 1862 is revealed. The law became, albeit a small, but tangible step forward on the path of expanding the rights of married women in the Russian Empire. The rules formulated by this law determined a new opportunity for many of them to refuse, under certain conditions, from cohabitation with their husbands. At the same time, a pronounced estate character of the norms of the new law is stated. The history and content of the regulations that became the prerequisite for the adoption of the law of 1862 are also considered.
Research implications. The results of the study contribute to the study of pre-revolutionary family legislation. This article will be of use for historians of law, specialists in the field of the history of state and law, as well as family law. The historical experience of regulating the legal consequences of domestic violence is also of interest, as it is still an urgent problem in the world.
About the Author
P. L. Polyansky
Lomonosov Moscow State University
Russian Federation
Russian Federation
Pavel L. Polyansky – Dr. Sci. (Law), Prof., Department of History of State and Law
119991, Moscow, Leninskie Gory 1
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