Civilization of Violence

You studied cases of women who were victims of violence in the Algarve in the 19th century. Why this period?

Aurízia Anica: Because it is during this period that the framework for our contemporary world evolved.

What were your findings?

One of the aspects I find most interesting, is how during the 19th century, the attitudes of the justice system towards women changed.

How so?

At the beginning of the 19th century, if women who were victims of violence complained of suffering what we today call ‘domestic violence’, they were generally ignored. Their petitions were generally unsuccessful. The aggressors were not penalized. Later, we gradually see that courts started to listen; hesitantly at first and later with a strong determination to suppress the violent masculinity that was (and still is) at the root of the problem.

Is there a tradition of domestic violence in the Algarve?

Yes, yes, yes. Under the law of the old regime (until the middle of the 18th century), the husband had the right and even the duty to punish a disobedient wife. The punishment could be physical, as long as the woman did not become lame, seriously injured or did not loose a limb. This resulted in what we call ‘male dominance’. It was institutionalised. The pater familias had the right to punish his wife if she did not succumb to his authority. From what I saw, the reality was that, until 1850, these cases only reached the courts when a woman died as a result of the aggression …..

Until recently, is it true that justice more easily forgives men who commit crimes of passion?

Well, in the 19th century, a man would not be sentenced for murder if he caught his wife flagrantly committing adultery. The same did not apply if a woman found her husband committing adultery and killed him. She would be punished.

So, a man who had been deceived had the right to kill his wife?

Yes.

Did you find cases like these?

There were situations in which men assumed that their wives had a lover and would punish them for this. There are recorded court cases like this. At the beginning of the century they were practically ignored. It is clear that the justice system displayed an attitude of leniency towards the aggressive husband. Only gradually did judges start applying the law strictly and it becomes obvious that the sentences issued reflected that this type of behaviour was becoming unacceptable. In fact, the after-effects of this are still being felt today.

So, do we resemble the 19th century?

I would like to say that we are better today, but I have my doubts.

Can you recall any case that has shocked you and left its mark on you?

Yes, a woman who walked naked tens of kilometres to present a complaint to the judge. In the context of the 19th century, this is almost a scene from a movie.

Do you think that politicians today have made sufficient efforts to bring domestic violence to an end?

It is not easy to change the reality of domestic violence because is depends on a multitude of factors. Now, I also think it is possible to take greater steps against this humiliating reality. In Portugal there is a high incidence of this phenomenon. Work to reverse this has to come from us all.

What areas did you study for your research?

I studied the district of Tavira, from the city to the coast and inland up to Vila Real de Santo António as well as the district of Loulé that, at the time, covered the whole central region of the Algarve with the exception of São Brás, Faro and Silves.

Was Portuguese justice in that century as slow as it is today?

All I can say is that the speed at which justice was carried out varied.

And what recourse did victims have?

Some ran away from home to avoid aggression. Some walked tens of kilometres to present complaints to the administrator of the borough or the king’s representative. This shows that they sought justice and put their trust in the authorities.

Is this a process that is still prevalent today?

Yes, it is. You will see that in the 19th century the presence of authority was very rare. There was not a professional police force. In the cities, the police was made up of neighbours that did not even have a uniform. Sometimes there were violent situations in which this “neighbourhood police” would intervene without anybody realising that they represented the authorities. The process of professionalizing the security forces that took place during the course of the 19th century was also part of “the civilization of violence”.

What does this mean?

Civilization of violence is a name for a very complex process. It deals with many variables and to a great extent translates into the reduction of violence involving blood and death. With time, we have seen that homicide crimes reduce as the number of court cases increase. It seems illogical but it isn’t. On the one hand courts started to penalize a larger number of behavioural issues. On the other, people themselves became more sensitive to acts of violence and did not accept them.

Do you believe that this can change?

What we do see is that human beings have the capacity to change their habits. It may take a long time, but when they decide to change, they do.