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Inefficiency of the Law   Written by Barb JA (9/30/2009 11:07 a.m.) in consequence of the missive, More serious than a slap on the wrist!, penned by Barbara
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Thank you for that link Barbara. Now I have more questions.

In my romps about the interweb yesterday reading about duels, I remember reading about (in Britain) the survivor of a duel and all of his seconds being convicted of murder. But I think it said their punishment for it was not harsh. Now I can't remember where I read it to link.

But I was very interested in the first link that Jeffrey gave above, this passage
Strange as may appear such exalted sanction according by the leading men of France to the practice of duelling, we must not forget the very wise remark of Bentham:

* "If the legislator had always applied a proper system of satisfaction for offences, there would have been no duelling, which has been, and is still, but a supplement to the insufficiency of the laws."

Poor Eliza had no recourse against her seducer and father of her baby. Colonel Brandon fought the duel for the satisfaction for the offenses against her honour.

I thought that the Jeremy Bentham remark was fascinating and went looking for more. It appears he wrote An Introduction to the Principles of Morals and Legislation in 1789, but I found all the quotes about duelling in The Works of Jeremy Bentham published later. I'm linking my search page at the bottom, and you can the chapters are clickable so you can read it complete

It is certain that, considering duelling as a branch of penal justice, it is an absurd and monstrous practice; but altogether absurd, and altogether monstrous as it is, it cannot be denied but that it accomplishes its principal object—it entirely effaces the stain which an insult imprints upon honour. Ordinary moralists, in condemning public opinion upon this point, only serve to confirm the fact. But whether, on account of this result, duelling be justifiable or not, is of no importance: the practice exists, and it has its cause. It is essential to the legislator to discover it: a phenomenon so interesting ought not to remain unknown to him.

He mentions duelling is ineffective punishment because ...

There is another peculiarity in this penal justice, which belongs only to duelling: costly to the aggressor, it is no less so to the party injured.* The offended party cannot avail himself of the right to punish the offender, without exposing himself to the punishment which he prepares for him;

So Mrs. Bennett worries that in trying to punish Wickham, Mr. Bennett may punish himself by being killed, injured, or being convicted of murder. Indeed, Colonel Brandon is endangering himself and Eliza. If he were killed, who would be left to protect her?

Also the duel can raise Willoughby up by his appearing brave to have engaged in a duel.
It is not always even a punishment, because opinion attaches to it a reward which may appear to many superior to all its dangers. This reward is the honour attached to this proof of courage;

Of course, their duel never got abroad.

But I do think the most important point is that Eliza was unprotected. I don't know if Mr. Bentham was particularly concerned with protection of women. It seems history shows that woman suffer much more for sexual indiscretion than men. In the U.S. even, "dead-beat dad" laws I think are pretty recent, forcing the father to financially support his children. I wonder, in Austen's time was there any law that protected women from seducers, or gave rights to the illegitimate children? Could Eliza, had she wanted to submit to the publicity, have had any recourse against Willoughby?


Bentham on duelling

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