Professional Documents
Culture Documents
Parricide and Violence Against Parents Throughout History Deconstructing Family and Authority 1St Edition Marianna Muravyeva Download PDF Chapter
Parricide and Violence Against Parents Throughout History Deconstructing Family and Authority 1St Edition Marianna Muravyeva Download PDF Chapter
Series Editors
Marianna Muravyeva
University of Tampere
Tampere, Finland
Parricide
and Violence Against
Parents throughout
History
(De)Constructing Family and Authority?
Editors
Marianna Muravyeva Raisa Maria Toivo
University of Tampere University of Tampere
Tampere, Finland Tampere, Finland
Introduction 1
Marianna Muravyeva and Raisa Maria Toivo
Conclusion 243
Marianna Muravyeva and Raisa Maria Toivo
Index 263
LIST OF FIGURES
vii
Introduction
Every modern nation has its own legend of patricide or matricide. The
jacket of this book features the legend of Orestes, the son of Clytemnestra
and Agamemnon, who killed his mother to avenge the murder of his
father by his mother’s lover. As a consequence, Orestes is tormented by
the Furies – the first ultimate punishment for matricide. Although his
actions might have been in some sense justified, he still receives a terrible
punishment for breaking the natural bond between mother and child. This
is how the killing of parents by their children has been treated for cen-
turies: the children were always punished, regardless of whether they were
responding to abuse or protecting those they loved. In crimes against all
other relatives – be they children, brothers or sisters, aunts and uncles, or
other relatives, especially spouses – the punishment could be mitigated by
extenuating circumstances, but this was not so in the case of parricide. Was
this rule applied universally in Europe because the natural bonds between
M. Muravyeva (*)
Faculty of Law, National Research University Higher School of Economics,
Moscow, Russia
e-mail: muravyevam@gmail.com
R.M. Toivo
Faculty of Social Sciences, University of Tampere, Tampere, Finland
e-mail: raisa.toivo@uta.fi
parents and children were perceived as sacred, or, perhaps, because parents
were viewed as vulnerable due to their age and status when they had to rely
on their children for support? Did the authorities, who were for a long time
composed of elders – that is, the old and wise members of the community
and therefore probably parents themselves – identify with parenthood and
thus do everything to protect themselves from attack? After all, parricide was
often considered an attack on authority, as the seventeenth-century debate
on patriarchy highlighted.1 Were children who attacked their parents able to
go further and disrespect any form of authority? Such questions emerged
during our work on the various aspects of family, community, and crime
history, and united us to address these issues in this volume.
*****
Violence against parents (VaP) and parricide are domains of study that
contemporary criminological and psychological specialists rarely think
about beyond the immediate object of examination. VaP, here understood
as any act by a child or children that intimidates the parents and is aimed at
hurting them,2 is a phenomenon that has become high profile in recent
years. Data from Europe, the USA, and Canada reveal that between 7 and
18 per cent of parents have been the victims of physical violence by their
adolescent or adult children at some time, a figure that rises to 29 per cent
in the case of single parents. Previous research also indicates that the
majority of aggressors are males aged between 10 and 18 who attack
their mothers, mainly in one-parent families and/or where the parents
are older than average.3 However, in terms of parricides, a prevalence of
patricides over matricides has been noted.4 Many authors attribute this to
current parenting styles, characterized by excessive indulgence, permis-
siveness, and a lack of boundaries that end up producing an imbalance in
the filio-parental relationship.5 Gallagher found that two types of family
experience intra-family violence: one with a liberal-permissive, overpro-
tective character and without consistent norms, and the other with an
authoritarian character. 6 Laurent and Derry identified a third type of
family characterized by parental neglect or a lack of child supervision.
Generally, such families are of a low socio-economic class and the children
are characterized by a high level of independence and responsibility in
relation to their subsistence.7 One of the hypotheses currently gaining
momentum is the bi-directionality of violence. It would appear that the
violence parents commit against their children is related to the violence the
children against their parents.8
INTRODUCTION 3
The next two chapters take up later examples of how parricide was
conceptualized. In his chapter, ‘“A Timely Warning to Rash and
Disobedient Children”: Normative Literature and Violence against
Parents in England, 1600–1900’, Jim Sharpe examines normative lit-
erature, mainly conduct books that offer advice on family management
and commentaries and sermons on the Fifth Commandment. He seeks
to determine how far these sources identify possible areas of friction
between parents and children to see how they relate to the reality of this
area of violence within the family. He also suggests that changes in
attitudes took place towards the end of the eighteenth century, when
the established ideas of parent-child relationships were being supplanted
by more flexible and ‘modern’ ones. Marianna Muravyeva in her chap-
ter, ‘New Unfortunates: Medicalization, Pathology, and Parricide in
Modernizing Europe’, picks up on the consequent changes in the
understanding of parricide as a mental and medical problem.
Muravyeva highlights the shift in explanation of parricide that occurred
in the nineteenth century, when it became a focus of degeneracy theory.
Treating parricide as a consequence of the perpetrator’s mental illness
due to possessing a degenerate heritage provided a pacifying explanation
for both the community and the authorities, meaning that they would
not have to deal with the greater problems brought about by changes in
family organization and relationships occurring at the heart of the
modernizing society.
The interpretation of VaP and parricide was highly dependent on the
specificity of localities and identities, as the second part of the volume
attests. Drawing on four different case studies from across Europe and the
USA, the scholars offer a nuanced picture of how local communities dealt
with what they saw as a fundamental threat to their existence. Constanţa
Vintilă-Ghiţulescu in her chapter, ‘“You would have them lock me up and
sell me as slave”: Parents and Children in Eighteenth-Century Wallachia’,
investigates Wallachian law codes and case law to analyse how the com-
munity viewed intra-family violence. The chapter examines what was
considered violence, how often it occurred, who might consider them-
selves entitled to resort to violence and under what circumstances, what
specific forms it could take, what the differences were between violence
directed at parents and at children, and what grounds there were for
different interpretations of family violence.
Katie Barclay in her chapter, ‘From Confession to Declaration: Changing
Narratives of Parricide in Eighteenth and Nineteenth-Century Scotland’,
6 M. MURAVYEVA AND R.M. TOIVO
NOTES
1. Manfredi Piccolomini, The Brutus Revival: Parricide and Tyrannicide
During the Renaissance (Carbondale & Edwardsville, IL: SIU Press,
1991); Sergio Bertelli and R. Burr Litchfield, The King’s Body: Sacred
Rituals of Power in Medieval and Early Modern Europe (University Park,
PA: Penn State Press, 2010); Cesare Cuttica, Sir Robert Filmer (1588–1653)
and the Patriotic Monarch: Patriarchalism in Seventeenth-Century Political
Thought (Oxford: Oxford University Press, 2015).
2. Barbara Cottrell and Peter Monk, ‘Adolescent-to-Parent Abuse: A
Qualitative Overview of Common Themes’, Journal of Family Issues 25,
no. 8 (2004): 1072–1095.
3. Robert Agnew and Sandra Huguley, ‘Adolescent Violence Toward Parents’,
Journal of Marriage and the Family 51 (1989): 699–711; Claire Pedrick
Cornel and Richard J. Gelles, ‘Adolescent-to-parent Violence’, Urban Social
Change Review 15, no. 1 (1982): 8–14; Morris J. Paulson, Robert Coombs,
and John Lansverk, ‘Youth Who Physically Assault their Parents’, Journal of
Family Violence 5, no. 2 (1990): 121–133; Izaskun Ibabe Erostarbe, Joana
Jaureguizar Alboniga-Mayor, and Óscar Díaz Nieto, ‘Adolescent Violence
Against Parents: Is It a Consequence of Gender Inequality?’, The European
8 M. MURAVYEVA AND R.M. TOIVO
Normative Concepts
‘What Kind of Monster or Beast Are You?’
Parricide and Patricide in Roman Law
and Society
Barbara Biscotti
Ps. Quint., Decl. maior 8.14 (‘Quod tu monstri portentique genus es?’).
B. Biscotti (*)
School of Law, University of Milano-Bicocca, Milan, Italy
e-mail: barbara.biscotti@unimib.it
legal arrangement that serves to restore the altered balance and regulate
the appropriate revenge by the victim’s relatives.7 Hence, by deploying the
concept of ‘paricidas’, the lex Numae provided a different meaning from
the one we attribute to parricide.
From this viewpoint, because these two concepts overlap in the ancient
Roman world, the fact that the etymological root of the term may refer to
the killing of a ‘father’ or a ‘man’ is irrelevant. Instead, it is noteworthy
that the idea of parricide does not move to the centre stage in archaic
Roman law (and Western thought) in relation to the phenomenon of
lethal violence committed by children against fathers or parents in general.
Rather, this idea becomes central to the qualification of the act, which
subverts the established social order, aimed to unjustifiably ‘eliminate’ one
of the legally relevant subjects and, definitively, a power centre in the
community. This point of view would become a foundation for the early
modern reinterpretation of any power relation, including the killing of a
parent or parents by their offspring.
of these laws seem to aim to attract to the sphere of ‘public’ law the
regulation of all the relationships inside the family, for example, the possibi-
lity of endogamous marriages without committing incest or the obligations
of mutual assistance from an economic or procedural viewpoint. This coin-
cidence, concerning the subjects considered by all these laws, may therefore
let us imagine that an archaic pontificalis mos narrowly established the
extension of the legally relevant domestic network, whatever its area of
application.11 The reason for such a mos can be explained by referring to
the social structure I described earlier, grounded in the patresfamilias, within
whose orbit other subjects and non-subjects fell and contributed to building
and increasing their patrimony (i.e. the ‘patri-monium’). When the paterfa-
milias died, some of these true ‘prostheses’ (the filii) received his composite
endowment, which should by no means be wasted, in the interest of anyone
who in an objective or subjective function had access to and benefit from it.
The Roman family was, therefore, a kind of cooperative with one effective
member (the pater, and in turn the filii as future heirs and patres), but with
many people (wives, daughters-in-law, daughters, slaves, freedmen, clients)
who had an interest in its preservation and good functioning, as they de facto
depended on it.12 Such a complex and large network necessarily demanded
for its sustenance that any single part of it could have faith (fides) in (accord-
ing to a decreasing order of priorities): (a) the smallest waste outside of the
family of the goods that constituted its structure; (b) internal solidarity; (c)
the possibility of referring to the other members if necessary; and specifically
and a priori (d) certainty that there would be no need to fear them.
Despite the fact that in Rome the culture grounded in these values and
in particular in the binding relevance and authority of the paterfamilias
was original and therefore deeply rooted in the perspective of the Roman
reverentia antiquitatis, numerous factors connected with economic devel-
opments contributed to eroding and finally undermining its solidity.13
This aspect emerges in many excerpts from the comedies of Plautus and
Terence (third to second century BC) where the father is personified as the
person (mask) of the lascivious old man (senex libidinosus) and the son is
the young insolent and dissolute one.14 The roles within the family began
to crumble away, and the consequences of this process were manifested in
the fact that all the Republican structures, including the traditional family,
were put to the test (with known negative results) in conjunction with the
political events of the first century BC.15
The lex Pompeia, a specific law concerning endofamilial homicide, was
not indeed promulgated by chance during this dark period of Republican
PARRICIDE AND PATRICIDE IN ROMAN LAW AND SOCIETY 17
history. In the middle of the first century BC, when social tensions, proscrip-
tions, civil wars, and the impoverishment of democratic arrangements had
completely ruined the res publica, ‘sons were impregnated with paternal
blood: it was harshly debated who was entitled to obtain the severed head
of the parent’16 and it was realized that even within the familial realm ‘there
is nothing so sacred which cannot be sometimes violated by audacity’.17
Velleius Paterculus, at the time of Tiberius (14–37 AD), recalls in his
Historiae Romanae with regard to this terrible period and to the endofa-
milial relations in those circumstances, that
No one has even been able to deplore the fortunes of this whole period with
such tears as the theme deserves, much less can one now describe it in words.
One thing, however, demands comment, that towards the proscribed their
wives showed the greatest loyalty, their freedmen not a little, their slaves
some, their sons none. So hard is it for men to brook delays in the realization
of their ambitions, whatever they might be.18
point of view of the Roman legal perception of them, or from the per-
spective of the related repressive measures.
Legal historians know well the hiatus between the theoretical and the
practical level, and there are countless examples of this issue, particularly with
regard to subjective rights and related capacities: just consider, for instance,
the area of rules concerning women’s legal capacity, especially concerning
dowry and inheritance, where theory is one thing and practice quite another.
Nevertheless, we should understand the reasons for such a discrepancy.
As far as parricidium is concerned, legal practice seems indeed not to
substantially distance itself from the theoretical level, as is sometimes the
case in other circumstances. Rather, the divergence exists with regard to
the numerical entity of the phenomena, that is, in relation to the subjects
abstractly addressed by the norm and those on whom the norm practically
impacts. We are confronted here with a normative arrangement whose
implementation addresses a broader subjective scope. This coincides,
however, de facto with a specific phenomenology mainly (albeit not exclu-
sively) related to a single category of subjects selected from those
addressed by the norm, that is, the sons.
In a parallel fashion, there is also – at least in non-legal texts – an
expansion of the conceptual framework of the term that identifies the
crime. Hence, the reach of its meaning covers the case of sons charged
with parricidium even when the father is not dead, but suffered from
blows and injuries perpetrated by the child.25
jurist) Servus Sulpicius Rufus, where he also states, with great humanity, his
fear of not being able to bear the grievous pain with due virility.26
Nevertheless, as it emerges, for instance, from some peculiar consolationes
for the death of children, the construction of this parental affective relation-
ship, especially on the part of the father, took on different forms in Rome,
ranging from the socially relevant ones, as the frequent de facto construction
of paternal relationships with the children of others or of slaves, to the
legally relevant ones like the adoptio, a recurring implemented institution.27
Phaedrus aptly highlights the Roman perception on this point in his
fable of the Dog and the Lamb. To the dog’s scornful derision of the little
lamb looking for its mother within a herd of goats, the lamb says:
The fable, which is inspired by a more visceral and therefore by nature less
replaceable relationship with the mother, finishes with a morally touching
conclusion that includes both parents, and which seems to speak to our
contemporary epoch, increasingly challenged – especially on the legal level –
by a plurality of different kinds of parenthood: ‘Facit parentes bonitas, non
necessitas’ (‘Not necessity, but goodness makes parents’), Phaedrus con-
cludes, providing the moral of the story.
Hence, on the private level, Roman culture devotes great attention to
the parental affective relationship, not restricted to the biological filiation,
but open to other kinds of ‘shared’ parenthood. Conversely, when we
address the legal world, and in particular the patrimonial, hereditary
relationships, what prevails is their evaluation in strictly familial terms,
albeit not exclusively biological – that is, from the viewpoint of a ‘legit-
imate’ filial relationship, inscribed in the civil-legal theology of the sacred-
ness of marriage. This is indeed a context that prevents the risk of asset
dispersion and guarantees that the individual continues being, even after
death, a legal ‘subject’ through his sons.29
Thus, also in private law, the legitimate filial relationship plays a specific
key, functional role in maintaining the broader familial system, which
absorbs, even in this case, the privilege characterizing the parent-child
PARRICIDE AND PATRICIDE IN ROMAN LAW AND SOCIETY 21
testimony of this situation.40 The reasons for these laws were essentially
economic and political-cultural, as they served the purpose of preserving
the social structure traditionally corresponding to the boni mores of the
ancients. However, they were also associated with the fear caused by the
emergence of a new elite of rich plebeians, who could not only freely trade
in contrast to the patrician senators, but could also have access, by the time
of the laws Liciniae Sextiae (367 BC), to all the institutional offices.
In the background of the tension between these two opposite forces in
this period, ‘when the Roman as an individual was emerging out of the
rigid Roman family controls and the absolute subordination to the
state’,41 the relationship between sons and fathers changed. The crisis of
the traditional family, access to new goods/pleasures and the related
induced needs, the ongoing social changes, and eventually the bellum
civile were the generators of domestic conflicts and transformed the
children from devoted extensions of the fathers’ personality – living
expressions of pietas – into impatient bon vivants only desirous of inherit-
ing the paternal goods in order to waste them.42
{11}
AMERICANISM:
Pope Leo XIII. on opinions so called.
ANARCHIST CRIMES:
Assassination of Canovas del Castillo.
ANGLO-AMERICAN POPULATION.
ANGONI-ZULUS, The.
ANTARCTIC EXPLORATION.
APPORTIONMENT ACT.
ARBITRATION, Industrial:
In New Zealand.
ARBITRATION, Industrial:
In the United States between employees and employers
engaged in inter-state commerce.
ARCHÆOLOGICAL RESEARCH:
The Oriental Field.
Recent achievements and future prospects.
F. LL. Griffith,
Authority and Archaeology Sacred and Profane,
part 2, pages. 218-219
(New York: Charles Scribner's Sons).
S. R. Driver,
Authority and Archaeology Sacred and Profane,
part 1, pages 150-151
(New York: Charles Scribner's Sons).
H. V. Hilprecht, editor,
Recent Research in Bible Lands,
page 47.
{13}
{14}
A. H. Sayce,
Recent Discoveries in Babylonia
(Contemporary Review, January, 1897).
{15}
The work at Nippur was suspended for the season about the
middle of May, 1900, and Professor Hilprecht, after his return
to Philadelphia, wrote of the general fruits of the campaign,
in the "Sunday School Times" of December 1: "As the task of
the fourth and most recent expedition, just completed, I had
mapped out, long before its organization, the following work.
It was to determine the probable extent of the earliest
pre-Sargonic settlement at ancient Nippur; to discover the
precise form and character of the famous temple of Bêl at this
earliest period; to define the exact boundaries of the city
proper; if possible, to find one or more of the great city
gates frequently mentioned in the inscriptions; to locate the
great temple library and educational quarters of Nippur; to
study the different modes of burial in use in ancient
Babylonia; and to study all types and forms of pottery, with a
view to finding laws for the classification and determination
of the ages of vases, always excavated in large numbers at
Nuffar. The work set before us has been accomplished. The task
was great,—almost too great for the limited time at our
disposal. … But the number of Arab workmen, busy with pickax,
scraper, and basket in the trenches for ten to fourteen hours
every day, gradually increased to the full force of four
hundred. … In the course of time, when the nearly twenty-five
thousand cuneiform texts which form one of the most
conspicuous prizes of the present expedition have been fully
deciphered and interpreted; when the still hidden larger mass
of tablets from that great educational institution, the temple
library of Calneh-Nippur, discovered at the very spot which I
had marked for its site twelve years ago, has been brought to
light,—a great civilization will loom up from past
millenniums before our astonished eyes. For four thousand
years the documents which contain this precious information
have disappeared from sight, forgotten in the destroyed rooms
of ancient Nippur. Abraham was about leaving his ancestral
home at Ur when the great building in which so much learning
had been stored up by previous generations collapsed under the
ruthless acts of the Elamite hordes. But the light which
begins to flash forth from the new trenches in this lonely
mound in the desert of Iraq will soon illuminate the world
again. And it will be no small satisfaction to know that it
was rekindled by the hands of American explorers."
{17}
"Among the more important finds so far made, but not yet
published, maybe mentioned over a thousand cuneiform tablets
of the earlier period, a beautifully preserved obelisk more
than five feet high, and covered with twelve hundred lines of
Old Babylonian cuneiform writing. It was inscribed and set up
by King Manishtusu, who left inscribed vases in Nippur and
other Babylonian cities. A stele of somewhat smaller size,
representing a battle in the mountains, testifies to the high
development of art at that remote period. On the one end it
bears a mutilated inscription of Narâm-Sin, son of Sargon the
Great (3800 B. C.); on the other, the name of Shimti-Shilkhak,
a well-known Elamitic king, and grandfather of the biblical
Ariokh (Genesis 14). These two monuments were either left in
Susa by the two Babylonian kings whose names they bear, after
successful operations against Elam, or they were carried off
as booty at the time of the great Elamitic invasion, which
proved so disastrous to the treasure-houses and archives of
Babylonian cities and temples [see above: BABYLONIA]. The
latter is more probable to the present writer, who in 1896
('Old Babylonian Inscriptions,' Part II, page 33) pointed out,
in connection with his discussion of the reasons of the
lamentable condition of Babylonian temple archives, that on
the whole we shall look in vain for well-preserved large
monuments in most Babylonian ruins, because about 2280 B. C.
'that which in the eyes of the national enemies of Babylonia
appeared most valuable was carried to Susa and other places:
what did not find favor with them was smashed and scattered on
Babylonian temple courts.'"
Prof. H. V. Hilprecht,
Oriental Research
(Sunday School Times, January 28, 1809).
See, in volume 1,
EGYPT.