An extended study of gender and crime in early modern England. It considers the ways in which criminal behaviour and perceptions of criminality were informed by ideas about gender and order, and explores their practical consequences for the men and women who were brought before the criminal courts. Dr Walker's innovative approach demonstrates that, contrary to received opinion, the law was often structured so as to make the treatment of women and men before the courts incommensurable. For the first time, early modern criminality is explored in terms of masculinity as well as femininity. Illuminating the interactions between gender and other categories such as class and civil war have implications not merely for the historiography of crime but for the social history of early modern England as a whole. This study therefore goes beyond conventional studies, and challenges hitherto accepted views of social interaction in the period.
Summary and conclusionsThe case records of a representative sample of 313 women from four health districts in the North-east Thames Health Region were reviewed to determine the stage of pregnancy at which they contact antenatal services. Patients seeking care (when a blood specimen was obtained) after 20 weeks' gestation ranged from 6% to 26%. These women were more likely to be of higher parity and immigrants. Appreciable delays in obtaining an early blood specimen, or in referral to a hospital antenatal clinic, were due to delay by hospitals in giving appointments and, to a lesser extent, to slowness of general practitioners in referring patients or taking blood.
In the early modern period, the inapplicability of certain discourses of sex and violence impeded allegations of rape whilst facilitating denials of rape. Women who asserted rape (and men who spoke out in support) engendered those same discourses which incriminated them with their own semantic and expressive intent. Male violence was stressed and feminine agency discursively denied in these accounts. Sex was largely occluded, except when it appeared in particular forms: when rape was conceptualised as the tragic antithesis of healthy, procreational sex; through metaphors which implied the violation of a woman's most private boundaries; and as a brutal expression of unrelenting, and often obsessive, masculine love. Rape narratives produced in legal contexts cannot provide evidence of repressed memory. But they can demonstrate how, from a position of weakness, women nevertheless attempted to negotiate their way through a web of cultural restrictions.
Within the historiography of gender and reputation in early modern Europe, female and male honour are usually presented as being incommensurable; yet they are constantly compared. Female honour has been discussed primarily in the context of sexual reputation. Male honour is commonly imagined as ‘more complex’, involving matters of deference, physical prowess, economic and professional competence and die avoidance of public ridicule. Thus the predominant model of gendered honour has been oppositional—female to male, private to public, passive to active, individual to collective and, by extension, chastity to deeds. Such a model, however, is misconceived. Just as the honour of men could be bound up with sexuality and the body, so these constituted merely one—albeit powerful—concomitant of feminine honour. Sexual probity was indeed central to the dominant discourse of early modern gender ideology, and historians have quite properly noted the significance of a social code of female honour ‘which was overwhelmingly seen in sexual terms’. But the potency of this discourse has itself frequently led to the selection of sources in which sexual conduct and reputation are central issues, and in which sexual constructions of female dishonour are immediately visible Because women's honour has effectively been imagined in terms of dishonour, constructions of shame—especially those associated with sexuality and sexual behaviour—have been privileged over, or compounded with, those of affront. Even when it has been noted that sexual insult could be a mundane response ‘in every sort of local and personal conflict’, conceptualisations of women's honour have been defined overwhelmingly by the nature of such responses rather than the conflicts themselves.
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