Adultery as a Defence: The Construction of a Legally Permissible Violence, England 1810

The Mawgridge’s case in 1707 set the precedent where adultery was recognised as a justified trigger for husband’s killing of his wife’s lover; this crystallised partial defence provocation. However, an 1810 case, unfaithful wife followed manslaughter conviction rather than murder first time. This study aims to investigate shaping legally permissible violence, that is, mitigation culpability adulterous wife. provides opportunity question (ir)rationality behind judiciary’s discourse R v Clinton 2012; here, despite infidelity being abolished 2009 England and Wales murder, judges still insisted on its relevance our culture hence legal culpability. theoretical framework paper draws upon scholarship masculinity, family, law. discusses contribution hegemonic male identity creating violence fortifying social-hierarchical structure.