Gender guardianship

from Wikipedia, the free encyclopedia

Gender guardianship ( Latin cura sexus ) is a legal term that describes the restriction of women's rights in a society and is considered the most important characteristic of family patriarchalism. It is about the legal dependency ( heteronomy ) or legal restrictions on the independence ( autonomy ) of women . In the case of gender guardianship , a woman cannot exercise her rights in the same way as a man , but requires male assistance or guardian and must, if necessary, leave the management of her business completely to a man.

Depending on the legal structure, the gender guardianship can be structured differently or weakly in a wide range of regulations in different areas of law . In the case of a strong arrangement, it can grant the guardian general powers in the sense of a guardianship , which the guardian can implement against the will of the ward. It can also be designed to be weaker than assistance to be selected by the ward, in the form of a gender assistance or a gender curator .

Worldwide development

Even if gender guardianship is no longer anchored in the legal system in many countries, the underlying traditions, social norms , moral concepts and the sense of justice still shape gender roles and gender habits in many cases .

In many countries around the world there are still more or less pronounced variants of gender guardianship in the legal systems.

"The perception and addressing of elementary injustice experiences of women as human rights violations is so difficult above all because their non-recognition as equals or bearers of rights, the neglect, tutelage , degradation of women and the violation of their physical integrity are more natural in many, almost all cultures Part of the gender arrangement and thus the role of women . Cultural traditions , habits and everyday routines often legitimize even the violence of these conditions as a right. There are striking similarities in the suffering and injustice experienced by women. (...) It is precisely the private, unlawful space that is so firmly and deeply fitted into historical traditions and cultural idiosyncrasies . " UTE GERHARD

Development in Europe

As in many countries around the world, gender guardianship has a long tradition in Europe, from ancient Greece and Rome through the Middle Ages to modern times . It only gradually receded after numerous attacks and counter-attacks, whereby the different legal systems gave rise to very different regulations and developments with a wide range of variations.

In ancient Greece, gender guardianship as an institute and legal concept was fully developed for the first time and continued into Roman antiquity.

In the Middle Ages there was no gender guardianship in a number of legal systems, for example in Sachsenspiegel , Schwabenspiegel , Magdeburg law, Bavarian and Franconian law and in several city statues. Even where it continued to exist, it was often tempered. It was replaced in the 12th century by the marriage ceremony by the church and the conjugal gender guardianship, called Ehevogtei.

With the increasing enforcement of the principle of equality , gender guardianship only disappeared completely from the law between the end of the 19th and the end of the 20th century . The special form of conjugal gender guardianship in particular lasted for a long time in Europe.

Taboo and start of research

With the suppression of gender guardianship, the long tradition was largely taboo from the middle of the 19th century and is therefore still not to be found, for example, in the concise dictionaries on German legal history .

Systematic research into gender guardianship since the Enlightenment did not begin until the end of the 20th century.

See also

Web links

Annemarie Ryter: A life under gender guardianship: Anna Barbara Imhof from Wintersingen, 1840-1888. Retrieved March 18, 2020 .

literature

  • Ursula Floßmann , Herbert Kalb , Karin Neuwirth: Austrian history of private law. 7th edition. Verlag Österreich, Vienna 2014, ISBN 978-3-7046-6743-4 .
  • Ute Gerhard : The woman as a legal person - or: How different are the sexes? Insights into 19th century jurisprudence. In: Journal of the Savigny Foundation for Legal History: German Department. Volume 130, No. 1, August 1, 2013, pp. 281-304 ( doi: 10.7767 / zrgga.2013.130.1.281 ).
  • Ursula Pia Jauch : Immanuel Kant on the gender difference: Enlightenment criticism of prejudice and bourgeois gender guardianship. Doctoral thesis Zurich 1987. Passagen, Vienna 1988, ISBN 3-900767-09-2 .
  • Gisela Jung: The civil law position of women in the Grand Duchy of Hesse: About the gender guardianship in the 19th century. Hessian Historical Commission Darmstadt, Darmstadt 1997, ISBN 3-88443-064-5 .
  • Ernst Holthöfer: The gender guardianship: an overview from antiquity to the 19th century. In: Ute Gerhard (Hrsg.): Women in the history of law: From the early modern times to the present. Beck, Munich 1997, ISBN 3-406-42866-5 , pp. 390-451 ( reading excerpt in the Google book search).
  • Annamarie Ryter: Vogged as a woman: On the everyday life of women in the 19th century. Gender guardianship and marriage restrictions in the canton of Basel-Landschaft. Verlag des Kantons Basel-Landschaft, Liestal 1994, ISBN 3-85673-234-9 .
  • David Warren Sabean : Alliances and Lists: Gender Guardianship in the 18th and 19th Centuries. In: Ute Gerhard (Hrsg.): Women in the history of law: From the early modern times to the present. Beck, Munich 1997, ISBN 3-406-42866-5 , pp 460-479 ( excerpt in the Google Book Search).
  • Hiltrud Schröter : The Law of Allah: Human Rights, Gender, Islam and Christianity. Ulrike Helmer, Königstein / Taunus 2007, ISBN 978-3-89741-221-7 .
  • Susanne Weber-Will: Gender guardianship and female legal benefits in private law of the Prussian general land law of 1794. In: Ute Gerhard (Ed.): Women in the history of law. From the early modern times to the present . Beck, Munich 1997, ISBN 3-406-42866-5 , pp. 452-459 ( excerpt from Google book search).
  • Johann Winkler: The gender guardianship in its historical development. Inaugural dissertation at the University of Zurich. Lucerne 1868.

Lexicon entries:

Individual evidence

  1. ↑ Gender guardianship . In: Heinrich August Pierer , Julius Löbe (Hrsg.): Universal encyclopedia of the present and the past . 4th edition. tape 7 . Altenburg 1859, p. 268 ( zeno.org ).
  2. ^ A b Marianne Weber: Wife and mother in legal development. An introduction . Tübingen 1907, p. 143 .
  3. ↑ a b c d Ernst Holthöfer: The gender guardianship: An overview from antiquity to the 19th century. In: Ute Gerhard (Hrsg.): Women in the history of law: From the early modern times to the present. Beck, Munich 1997, ISBN 3-406-42866-5 , pp. 390–451, here p. ?? ( Reading sample in the Google book search).
  4. ↑ Hiltrud Schröter : The Law of Allah: Human Rights, Gender, Islam and Christianity. Ulrike Helmer, Königstein / Taunus 2007, ISBN 978-3-89741-221-7 , p. ??.
  5. ↑ Ute Gerhard: Human rights are women's rights. Old questions and new approaches to feminist legal criticism . In: L'Homme. European journal of feminist history . tape 8 , 1997, pp. 60 f .
  6. ^ Wilhelm Theodor Kraut: The guardianship according to the principles of German law . tape 2 . Göttingen 1847, p. 267 f .