Domestic breeding

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The house breeding was from antiquity to the 19th century a means of punishment and education , a measure of punishment in the Christian family and criminal law in the feudal rule . It was based on the premise that any kind of domestic breeding must be exercised through physical violence .

General Introduction

Breeding, measure and order were the basis of domestic breeding. The word “breeding” is related in the narrowest sense to “pulling”, “raising” and “educating”. It has an affirmative and encompassing sense and is in danger of being perceived in a negative form, which is reflected in the term “chastisement”. In this regard, “ moderation ” is associated with breeding so that they are also linked together as “breeding and moderation”. Breeding is also used in the combination of “ discipline and order ”, which since the time of the Reformation has been used to describe the orderly conditions that exist or should exist in social institutions such as families , monasteries , schools , communities , the state and the military . After the idiom was initially closely linked to Christianity, it was secularized in the 18th century . In today's parlance, the terms are used for exaggeratedly strict authority and discipline . Domestic breeding had its effect in delimited internal areas, so it found its existence in the family, among soldiers , in penal institutions , educational institutions and religions . The extent of domestic breeding was not stipulated in any legal form, it was not a matter of written laws, but domestic breeding was subject to the arbitrariness of the "ruler" or "practitioner". The Roman military criminal law - was similar to that of domestic breeding. Here, too, there were no written laws; here, too, “everything was not allowed that was not forbidden”.

Chastening and corporal punishment as domestic discipline

Chastening, in relation to domestic discipline, is a punishment in the form of physical violence. It is said to lead to pain and is usually carried out through blows with a stick, flogging or physical attacks, which also include slapping , it is always associated with violence. In the past it was used to discipline and punish slaves , serfs , wives , apprentices , in the military , in monasteries , prisons , educational institutions, reform homes and other public and private institutions. The right to punish children is prohibited by law in Germany and Austria ; this also includes the parents' right to punish their children. According to the Universal Declaration of Human Rights of 1948 and the UN Convention against Torture of 1984, the "cruel, unusual and degrading punishment" is declared to be torture . In Germany, parental domestic discipline, and thus the right to punishment, was the ultimate right to corporal punishment. It was abolished in Germany and the term “parental violence” was replaced in 1980 by the term “parental care”.

Chastening and domestic discipline in antiquity

The beating, whipping and whipping of slaves was very common among the ancient Greeks and in the Roman Empire . It was used among the better classes, in schools as domestic discipline, among soldiers, as an insult against prisoners, or as an addition to the death penalty against criminals . In ancient times it was a common view that the offender should be inflicted with pain or evil as a punishment . For this purpose, the ancient Roman criminal law - which was not a right according to written laws, but a customary law within the clan - provided for the criminal offenses to be prosecuted by domestic discipline and general discipline. Public punishments, such as beheading and fines , were only exercised when it came to prosecuting treason or violating the magistrate's authority . In other ancient societies, chastisement was also practiced as a punishment, including the Sumerians and Indians and the Chinese Empire . The first moral justifications are taken from the Old Testament and in ancient Athens , chastisement was also part of punishment and education. In contrast to Plato , who advocated a non-violent upbringing , Aristotle advised that a disobedient child "should be dishonored and beaten". With the Spartans it was concluded from the chastisement that they not only led to obedience, but also hardened the soul , mind and body . Plutarch reports the most cruel flogging for the slightest offense. In antiquity, the proverb “The stick rules the world” was already noticed by the Romans, who imagined all their gods with a stick or flagellum in hand as a symbol of rule over the world.

Domestic breeding in the penal system

In the prisons of North America there was no uniform regulation of domestic discipline, so it is reported that the following domestic discipline applied in Sing Sing : "The convicts were not allowed to exchange words, beckons, looks, smiles, movements or signs of any kind with one another, even with their guards speak only a little and briefly ... The prisoners are punished for violations of the disciplinary regulations immediately afterwards with lashes ”. Far less strict than in Singsing is house breeding in Auburn itself and especially in Boston , where the arbitrariness of the subordinate overseers was prevented by the fact that the punishments are never carried out immediately, but only after a report has been made to the headmaster and on his orders. In the Pennsylvanian system there are no corporal punishments at all, but instead of being deprived of work or pieces of bed and imprisonment in dark cells with no tap, with water and bread ... In the case of minor offenses, lunch or lunch is deprived once or several times Walking courtyard.

In a report of the board of directors of Pentonville ( England ) from the year 1844, the total number of prisoners was noted as 741, it was further reported: “The mental condition of the convicts was extremely satisfactory with regard to their integrity. During the whole of 1844, not a single case of disturbance of the soul, nor any circumstance occurred, which might raise doubts as to the useful feasibility of maintaining the isolated domestic discipline as it has been introduced in this house, although in 23 of those included Convicts hereditary tendency to madness was found "

Disciplina domestica

The "disciplina domestica" was in a household, the proper domestic breeding. In Livonia in particular , it was seen as a punishment in the form of chastisement that the peasant and the landlord could inflict on his servants . It arose from the proprietary and basic courts and from the property rights of the landlords. It passed from one owner to the next and was also known as a patrimonial court . This jurisdiction of the landlords over their servants served to urge the maidservants to their duties and to punish them for breaches of duty. In the beginning it was not an actual jurisdiction, but a mere disciplina domestica. (...) and a right that the landlords had to do what their property rights allowed them

House breeding in the Baltic States

In the Baltic States , patrimonial law had taken root and was applied by the owners and employers to their servants who were in their service. This judicial practice of domestic breeding persisted well into the 19th century . Before that, considerable excesses could be found that resembled a cruel penal system. In Estonia , the sentence was regulated in 1804 and set at a maximum of 30 strokes of the stick for men and 30 strokes of the rod for women and children.

In Livonia from 1804 fifteen strokes of the stick or swipe of the rod were considered the most appropriate, this was mitigated in 1849. But imprisonment for up to two days with bread and water was also appropriate.

Kurland had set the sentence at fifteen lashes or fifteen blows with a stick since 1817. A squire could also impose house arrest for 48 hours . A servant was not subject to domestic discipline, but exercised it with a maximum of six lashes against his servants.

Against domestic breeding

Around 1765 in Livonia the first considerations and suggestions to oppose serfdom appeared. The serfs were seen in the worst possible condition, without property , without rights, without moral support, pure things, given completely into the hands of their tormentors through the law of discipline. It was found incomprehensible how human beings could even exist under such pressures. At the same time, the necessity was recognized and it was established that all classes of a state were obliged to general welfare , with the consequence that each class owed prosperity and respect to the other class. A year after the Ascheradensche Bauerrecht (1764) was printed, the Landtag met in 1765. The assembled Livonian knighthood was informed of the oppressive condition of the peasants and the previous proceedings of the gentlemen were strongly condemned. The lack of property, the indeterminacy of taxes and services, and the harsh exercise of the right of domestic rearing were cited as the main reasons for the misery of the peasants. The state parliament demanded - and with the support of Karl Friedrich Schoultz von Ascheraden - the fastest possible remedy. At first the knighthood felt attacked and robbed of their rights. Only after an expert opinion and the demand for legal regulations came into being, which then became the basis for a later improvement and in the later course of the abolition of domestic breeding.

In his thirty-seventh letter from Riga in 1797, an unknown author discussed the situation of the peasants in Livonia. He described the will of the monarch ( Catherine II ) about the rights of the peasants and linked the question: “Which ones does he actually enjoy?” In this context he writes about the punishment and domestic discipline against the peasants:

“... The smallest offenses are punished with ten pairs of rods, which are not, according to the legal regulations, three times with each pair, but as long as a stump of the rod is left, and until skin and flesh fall off… Unfortunately the ordinance on punishing the farmer does not specify how the whip with which the subjects are punished for minor offenses should be made ... This domestic discipline, to which the power of the landlords is now limited, has terrible consequences. It is a kind of torture in the hands of the nobles, by which they extort all possible confessions from the unfortunate "

- letters to a friend

And he demanded: "As long as domestic discipline is not abolished, all the permissions granted are nothing but cruel mockery of the bleeding misery"

Baltic Governments

In the following Russian Baltic Governments , especially after the liberation of the peasants in 1861, the right of domestic breeding went to the municipal courts (...) The Rigian law only permitted domestic breeding " without blue and blood ". If a punishment did not help, a lawsuit had to be brought , which was decided in summary proceedings. The Estonian land law does not mention domestic breeding at all. In Courland, domestic discipline by means of corporal punishment was no longer used, instead only punishment with words was used.

House breeding in Prussian law

In his comments on the “doctrine of theft according to Prussian law ”, the author Jodocus Temme , under the section “Family theft ”, deals with domestic discipline. So it says in § 1136:

"But if the theft is reprimanded by the person under whose discipline the criminal is disciplined, then the same must be punished against the perpetrator, like any other common theft."

- Prussian law §. 1136.

In his comment on § 1136, Temme noted on the subject of domestic breeding:

"Note 3) How is the provision of § 1136 to be understood that the reprimand necessary for investigation and punishment must come from the person who is entitled to domestic discipline over the criminal? - The word domestic breeding has a coherent meaning. Namely, it first and foremost designates a right to discipline in general, but furthermore, strictly speaking, it also designates, restrictively, only a domestic right to punish. This last can only mean: a right to chastisement related to the household, to living together in a household. This designation is merely in accordance with common usage. Our legislation nowhere uses the word in any other sense, and nowhere does it suggest that it would have given it another meaning. "

- Jodocus Temme

Christian education and discipline

According to the Christian understanding, especially after the Reformation, the practice of domestic discipline had predominantly manifested itself in the Evangelical Lutheran educational philosophy. For the breeding within the family, the house father was responsible against the children and servants if there was a violation of the house rules. The house mother succeeded the father of the house, she transferred paternal power to the guardian . In the event that the housemother died, domestic power passed to the eldest independent son. Should this also not be present, state institutions or family associations took care of the legal succession. In a Christian structure the servants were subject to domestic discipline according to a servant order

The right to domestic breeding

According to general Christian belief, the practiced domestic discipline was founded “on God's command”, because the Lord had commanded all house fathers: “Chastise your son, and he will delight you and do your soul gently” ( Book of Proverbs Prov 29.17  EU ). The actual discipline of the house was laid down in house rules and included "the time of praying and working, of eating and drinking, of sleeping and waking, and that all violations of the holy ten commandments are punishable." Offenses that go beyond the level of the house rules were not incumbent on the head of the house, but were the responsibility of the state and the church. The practice of discipline required the person entitled to punish to act “without forbearance and respect for the person, as well as without regard to the age of the offender”, for the law of God would prescribe: “He who spares his rod hates his son; but whoever loves him, chastise him soon ”(Book of Proverbs Proverbs 13:24  EU ). The following passages of the Bible are cited as further biblical foundations on the manner of domestic discipline:

  • “A servant cannot be chastised with words; for even if he understands it straight away, he will not accept it. ”(Book of Proverbs Prov 29:19  EU .)
  • "If a servant is held tenderly from his youth, he will then be a junker." (Book of Proverbs Proverbs 29:21  EU .)
  • “Do not cease to chastise the boy; because where you hit him with the rod, one must not kill him. ”(Book of Proverbs Prov. 23.13  EU .)
  • “You hit him with your rod; but you save his soul from hell. ”(Book of Proverbs Prov. 23:14  EU .)

Righteousness and insight

Before a domestic discipline could be carried out, the head of the house was recommended to undergo a thorough examination, and he was advised to be careful and to use a prudent procedure. In the event that evidence was missing or an exhortation did not work, but an admission was also not obtained, domestic breeding was discouraged. Because, so it was explained: "You fathers do not provoke your children to anger and do not embitter your children, so that they do not become shy." ( Letter of Paul to the Ephesians Eph 6,4  EU and letter to the Colossians Col 3, 21  EU ).

In the practice of domestic discipline, the Christian householder was given a high degree of responsibility . He also had to be guided by a divine justice and was not allowed to go beyond the goal. Good domestic discipline should also protect the offender from the discipline of the state and the church. In addition, in order to "defend true Christianity" it was expected that no school discipline would be of any use without domestic discipline, because: "Without domestic discipline, school discipline is of no use: Or bad domestic discipline spoils good school discipline"

Influences on the family

From the point of view of the political field of vision, Aristotle sees the rule of the “elder” within a group or family association with that of a monarch side by side. The biological unit family is therefore under the leadership of the family elder, it is also used against all members of the group, women, children and slaves. The eldest avails himself of domestic discipline, which includes the instruments of role model , reward and, as the most important element, punishment (compare: Aristotle's Politics I. 1, 7).

At the time of the Reformation , the belief that the family of a developed morally - moral reform must submit, for this purpose, was that the religious house breeding should be promoted. This reorganization had an impact on the social structure within the family: "House and family moved into the center of religious life in this way, and the head of the house assumed the decisive responsibility". From the Reformation perspective, the main purpose of marriage was the procreation and rearing of children. The religious point of view valued the position of the householder as particularly important, the patriarchal division of labor between husband and wife was recorded by the reformer Heinrich Bullinger in his 1547 book Der Christlich Eestand as follows:

"What is the reason why huss trade is / than traveling back and forth / gwün and gwär manufacture / buy and sell / and glychen eehaffte stuck / is the man's work. The so glych fly back and forth like an eager bird / collect the narung and notturfft and carry flyssig too closely. And everything that is brought into daz huss / should the wyb samlen / tidy / nüt zuo gon lose / and everything that is in huss zethon is flyssig and fruity. "

- Heinrich Bullinger

This distribution of roles - "Man ensures the existence of the family, woman takes care of the household and children" - remained in principle unchanged until the introduction of partnership law in 1988.

Friedrich Schleiermacher understood, in the traditional sense, the term family to mean the “whole house”, to which not only the parents, but also the rulers and servants belonged. In his considerations, the upbringing of children has a specific role, and since the children are not yet fully-fledged church members, they fell into the special care of Christian parents. “Domestic discipline” therefore includes the specific parent-child relationship under the aspect of the child's special status in relation to its relationship to the Christian community.

Web links

Individual evidence

  1. ↑ Josef Pieper , Das Viergespann, Klugheit, Rerechtigkeit, Bravehole, Maß . Kösel Verlag, Munich 1964.
  2. ↑ Breeding and Order Sayings Index; Usage examples: School soap with discipline and order: "Auf die Finger" Spiegel Online, May 30, 2004; Turning away from discipline and order  ( page no longer available , search in web archives )  Info: The link was automatically marked as defective. Please check the link according to the instructions and then remove this notice. , Deutschlandradio Wissen, May 27, 2010@1@ 2Template: Toter Link / Wissen.dradio.de  
  3. ↑ Breeding. In: Grimm's dictionary Grimm's dictionary
  4. ↑ Carl August Fetzer , Der Flagellantismus und die Jesuitenbeichte… des Giovan (n) i Frusta (pseud.) , Verlag J. Scheible, 1834, original from the Austrian National Library , digitized July 11, 2012 [1] , page 3
  5. ↑ Chapter 2, § 8 The Roman criminal law - I. The older time. Footnotes 3) and 4) See Mommsen: pp. 16 - 26, 898 (domestic breeding) On text-o-res Von Hippel German Criminal Law First Volume General Basics [2] , Saarland University , Faculty of Law and Economics
  6. ^ Punishment in ancient Roman law, domestic discipline . On homepage.uibk.ac.at - University of Innsbruck Archived copy ( memento of the original from June 11, 2015 in the Internet Archive ) Info: The archive link was inserted automatically and has not yet been checked. Please check the original and archive link according to the instructions and then remove this notice. @1@ 2Template: Webachiv / IABot / homepage.uibk.ac.at
  7. ↑ Book of Proverbs 29 Prov 29  EU and 2nd Book of Jesus Sirach Sir 30  EU
  8. ↑ Politics (Aristotle) , Book VII – VIII, The best state and the education of its citizens.
  9. ↑ Otto von Corvin , Die Geissler: Historical monuments of fanaticism in the Roman Catholic Church. Supplementary work to the Pfaffenspiegel , SEVERUS Verlag, 2014, ISBN 3-86347-758-8 [3] , page 7
  10. ^ The Pfennig Magazine of the Society for the Dissemination of Nonprofit Knowledge, Volume 8; Volumes 353–404, Brockhaus Verlag, 1840, original from the Austrian National Library, digitized September 17, 2014, “The Prisons in North America”, page 349 [4]
  11. ^ The Pfennig magazine of the Society for the Dissemination of Public Benefit Knowledge, page 349.
  12. ^ The Pfennig magazine of the Society for the Dissemination of Public Benefit Knowledge, page 349.
  13. ↑ Nicolaus Heinrich Julius, Englandś model prison in Pentonville, in its construction, equipment and administration, illustrated and described: from the reports of Majorś Jebb , Verlag Enslin, 1846, original from the Austrian National Library, digitized September 26, 2011 [5] , page 148
  14. ^ House breeding, f. discipline domestique, disciplina domestica, plina demestica. In: The Imperial Language and Dictionary, including the four main European languages: as namely: 1. The Italian, with the French-German and Latin. 2. The French, with the Italian-German and Latin. 3. Die Teutsche, with the French-Latin and… Verlag Metternich, 1766, original from the Bayerische Staatsbibliothek, digitized 9 September 2011 [6]
  15. ↑ "The housekeeping is the outdated term for everything that is related to the management and organization of a household, the housekeeping". In: Duden [7]
  16. ↑ disciplina domestica. In: German dictionary based on Jacob Grimm and Wilhelm Grimm [8]
  17. ^ Home breeding. In: German legal dictionary (DRW) [9]
  18. ↑ disciplina domestica. In: Medietät, Abtei Sankt Maximin (Trier) , published 1774, original by Bayerische Staatsbibliothek , digitized November 24, 2010 [10] , § 24, page 24
  19. ↑ disciplina domestica, page 24
  20. ↑ Introductory remarks by David Feest on: The Limits of Violence in Serfdom Relationships in Estonia and Livonia in the 17th Century by Marten Seppel [11]
  21. ↑ a b c H - Baltic Legal Dictionary [12]
  22. ↑ H - Baltic Legal Dictionary
  23. ^ Gesindewirt: owner or tenant of a farm. As a farm farmer, he assumed an elevated position among the rural population. In: G - Baltic Legal Dictionary of the Baltic Historical Commission [13]
  24. ↑ Named after Karl Friedrich Schoultz von Ascheraden, a Livonian statesman ADB: Schoultz von Ascheraden, Karl Friedrich Freiherr
  25. ↑ " Garlieb Helwig Merkel as a fighter against serfdom and his predecessors". In: Baltic Monthly . E. von der Brüggen (Ed.), Volume 19, New Series. - First volume, January and February 1870, pages 42, 55 and 69 [www.digar.ee/arhiiv/et/download/248272]
  26. ↑ Cosmopolitan walks through Prussia , Curland , Liefland , Litthauen , Volhynien , Podolia , Gallizien and Silesia , in the years 1795 to 1798. In letters to a friend. Third volume, Germania, 1801, original from the Austrian National Library, digitized June 17, 2015 [14] , pages 427–429.
  27. ↑ Cosmopolitan walks through Prussia , Curland , Liefland , Litthauen , Volhynien , Podolia , Gallizien and Silesia , pp. 427-429.
  28. ↑ Dat Rigische Recht ( Bayerische Staatsbibliothek , BSB) [15]
  29. ^ Jodocus DH Temme, The doctrine of theft according to Prussian law, Verlag Rücker u. Puchler, 1840, original from Bayerische Staatsbibliothek, digitized June 10, 2010 [16] Pages 155-56
  30. ↑ a b c d The practice of Christian discipline in the family, state and church, and then no more rescue houses: A letter to all communities of the Evangelical Lutheran Church, Verlag Dörfling & Franke, 1850, original from the Bayerische Staatsbibliothek, digitized 7 Febr. 2011 (I. on breeding in the family house) [17] , page 12 ff
  31. ↑ Letter to all congregations of the Evangelical Lutheran Church
  32. ↑ Unit translation: "Chastise your son, and he will spare you grief and make your heart happy."
  33. ↑ Standard translation : "Whoever saves the rod hates his son, whoever loves him breeds him early"
  34. ↑ Standard translation : "No slave is improved by words, he understands them well, but does not turn to them"
  35. ↑ Standard translation : "A slave, spoiled from youth, becomes unruly in the end"
  36. ↑ Standard translation: “Don't spare the boy punishment; if you hit him he won't die "
  37. ↑ Standard translation: "You hit him with the stick, but save his life from the underworld"
  38. ↑ Unified translation : "Fathers, do not provoke your children to anger, but raise them in the discipline and instruction of the Lord!"
  39. ↑ Standard translation : "You fathers, do not intimidate your children so that they do not become discouraged"
  40. ↑ Adam Struensee , Collection of thorough and edifying writings aimed at a righteous Christianity , Volume 1.1752, original from the University of Lausanne , digitized December 8, 2009 * [18] , page 238
  41. ↑ Hans von Hentig , Die Strafe I: early forms and cultural-historical connections , Springer-Verlag, 2013, ISBN 3-642-92621-5 [19] , Hauszucht, page 119, footnote 2)
  42. ↑ Jürgen Weber, Normativity and Morality in (Early) Bourgeois Pedagogy (AH Francke et al.), Verlag diplom.de, 2004, ISBN 3-8324-8349-7 , (Section: a) Family [20]
  43. ^ François Höpflinger, Alles Liebe, or what? How the monogamy model of marriage came about . In: NZZFolio, Eherne Ehe / April 1996 [21]
  44. ↑ Love, or what? How the monogamy model of marriage came about
  45. ↑ Cf. Sittenlehre , SW I / 12, 219, in: Elisabeth Hartlieb, Gender Difference in Friedrich Schleiermacher's Thinking , Volume 136 from the Töpelmann Theological Library, ISSN 0563-4288, Verlag Walter de Gruyter , 2006, ISBN 3-11-018891- 0 , 9783110188912, page 207-208 [22]