The Moral and Legal Consequences of Wife-Selling in The Mayor of Casterbridge

Subversion and Sympathy: Gender, Law, and the British Novel, Alison LaCroix, Martha Nussbaum, eds., Oxford University Press, 2013

Cardozo Legal Studies Research Paper No. 327

22 Pages Posted: 7 Mar 2011 Last revised: 1 May 2013

See all articles by Julie C. Suk

Julie C. Suk

Yeshiva University - Benjamin N. Cardozo School of Law; University of California, Berkeley - Berkeley Comparative Equality & Anti-Discrimination Law Study Group; CUNY - The Graduate Center

Date Written: March 4, 2011

Abstract

What kind of man sells his wife? Thomas Hardy’s The Mayor of Casterbridge opens with a famous episode in which a poor hay trusser, Michael Henchard, sells his wife, Susan, by impulsively putting her up for auction in a public market. Susan is purchased by a sailor, with whom she departs and subsequently lives as husband and wife. Subtitled “The Life and Death of a Man of Character,” the novel presents itself as a study of the flawed, complex, and ultimately tragic moral character of the man who sold his wife. This essay interprets the novel’s account of the moral consequences of the wife-sale in The Mayor of Casterbridge, by examining the shifting legal and social meanings of the practice in nineteenth century Britain. The novel exploits uncertainty about the legal consequences of wife-selling to generate its moral tragedy.

Keywords: law & literature, gender, moral luck, divorce

Suggested Citation

Suk, Julie C., The Moral and Legal Consequences of Wife-Selling in The Mayor of Casterbridge (March 4, 2011). Subversion and Sympathy: Gender, Law, and the British Novel, Alison LaCroix, Martha Nussbaum, eds., Oxford University Press, 2013; Cardozo Legal Studies Research Paper No. 327. Available at SSRN: https://ssrn.com/abstract=1777555

Julie C. Suk (Contact Author)

Yeshiva University - Benjamin N. Cardozo School of Law ( email )

55 Fifth Ave.
New York, NY 10003
United States

University of California, Berkeley - Berkeley Comparative Equality & Anti-Discrimination Law Study Group

Boalt Hall
Berkeley, CA 94720-7200
United States

CUNY - The Graduate Center ( email )

365 Fifth Avenue
5th Floor
New York, NY 10016-4309
United States

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