Tuesday, September 20, 2011

Wuthering Heights, A View Towards Legality

Where "Wuthering Heights" is a jaunty through the plot developed by Emily Bronte, this portion of the book is based on the practicality of "Wuthering Heights" application of inheritance law and the social and economic impact of the Great Potato Famine. What sparks Lockwood's interest in finding out the story of Heathcliff and Wuthering Heights is the ragtag team of family members he finds as residents in the Wuthering Hieghts household and the misfortunes that lead them to live such a miserable life in the presence of such miserable people.

A well established literary criticism of the narrative is the notion that "Wuthering Heights" depicts the patriarchal malevolence of English law against women and how, after marriage, husbands gained all of their partner's rights. In "Letter to the Queen on Lord Chancellor Cranworth's Marriage and Divorce Bill" Lady Caroline Norton describes the rights that are inherently not given to women. " A married woman in England has no legal existence: her being is absorbed in that of her husband."

Rights lost to women in marriage include:

  • Loss of real and personal property
  • No right for a wage
  • No right for a women to leave a man (for fear of conjugal suit)
  • The inability to testify in court against her husband
  • No right for divorce
It further states that although these legal customs are in place some educated families avoid some of these laws by the daughter's parents setting aside some "distinct pecuniary provisions," and creating "trusteeship[s]" that will hold onto some insurance encase the husband proves to be "irresponsible," has undesirable "chances of his character," or has low success in his profession. But for those families that are less educated, and for those wives in more rural areas, they are stricken with even worse losing of rights. Many are beaten, kicked out of their families homes, and some are sold to pay of their husband's previous to marriage debts.

The main gest of the reading the disadvantageous of married woman versus the advantageous of a married man. In the act of marrying, a woman loses all rights and property while the man gains all of her rights and property, even after their divorce. 

The idea of these laws, which prevailed many years prior to this books writing, makes me question the validity and value of the "they lived happily ever after" motif found in many fairy tale marriages. 

Also described in this reading is the possible origins of Heathcliff and the cause of his repressed anger. The events of the potato famine still plaguing Heathcliff's mind when met with the overt selfishness of Henly could only help to motivate his internal rage toward those born into privilege.

2 comments:

  1. I also thought the novel did a good job with showing the advantages and disadvantages of marriage. For the man, there isn't much for him to lose whereas the woman basically gives up any rights she would have received through inheritance. Despite this, it seems that there is more pressure put on a woman to be married than there is for a man (at least that's the impression that I've gotten), which I find a little odd since it's basically rushing to give away any family property that the woman might own or was destined to own in the future. All of the technicalities and laws that were presented in the book were a bit confusing to follow at times, but at the same time it shows how important it is to understand the law if you wish to benefit from it like Heathcliff wanted to.

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  2. The pressure is on the woman, but I wonder for what reason. Is the pressure placed on them because the family does not want to take care of them? Do they not bring money to the family? Or is it just some kind of innate need for the family to know/think someone is taking care of her.
    Also, I wonder if Heathcliff had the idea to take over the two households before he left, or while he was away learning the law.

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