>Obviously it is disputable, although the text says "no
>violence," which is pretty plain if one is a stickler
>for plain language. Some judges are, some are not, But
>the main thing here is that Blackstone is not reciting
>current (late 18th century) English law; he is
>describing the "old" law -- how old is not clear from
>the text, but at least before the reign of Charles II
>(r 1660-85), and probably older; possibly even the
>pre-common law rule of the Anglo-Saxons. At any rate
>not the common law rule of his day. It is therefore
>illiterate or dishonest to cite Blackstone for a legal
>justification for wifebeating, as the source Kells
>cited did. jks
i don't think anyone did, did they? if you read the link, you'd have seen a rather balanced discussion of the topic. i pasted another section which refers to someone's quick search of lexis-nexus, but that poster did not claim that it supported anything in particular and did even look only at blackstone.
the blackstone material was in the link and, as you can see, the person wasn't citing blackstone in the way you imply, here.
kelley
>--- jeffrey fisher <jfisher at igc.org> wrote:
> > so, what does the otherwise clause mean, here?
> > especially in the
> > context of correcting women being like correcting
> > slaves?
> >
> > i'm reminded of the butler in "The Shining" . . . "I
> > corrected her" . .
> > .
> >
> > j
> >
> > On Tuesday, November 11, 2003, at 12:02 PM, andie
> > nachgeborenen wrote:
> >
> > > But this power of correction was confined
> > > within reasonable bounds;58 and the husband was
> > > prohibited to use any violence to his wife, aliter
> > > quam ad virum, ex causa regiminis et castigationis
> > > uxoris fuae, licite et rationabiliter pertinet
> > [other
> > > than as licitly and reasonably pertains to the
> > husband
> > > for the rule and correction of his wife].
> >
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