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1826

The Second Sex

1826 is a turning point in the legal history of women’s position in France: the Restoration abolished divorce, helping make marital permanence part of a broader system that restricted women’s autonomy. In the account presented here, the measure is not an isolated date but one link in a history in which formal law and domestic hierarchy repeatedly narrowed women’s choices.

The Restoration and Divorce

The abolition of divorce in 1826 reversed a legal possibility established during the French Revolution. The restriction remained in place when the Constitutional Assembly declined to restore divorce in 1848; it was not reintroduced until 1884, and even then remained difficult to obtain. The sequence shows how the Restoration’s decision shaped women’s legal circumstances across much of the nineteenth century.

Marriage as a Hierarchical Institution

The law operated within a social ideal that treated the family as an indissoluble unit and a miniature version of a hierarchical society. In this model, the husband governed, the wife administered, and the children obeyed. Women were assigned to family life rather than politics or public service, while marriage placed a wife under her husband’s authority. The end of divorce therefore had consequences beyond the availability of a legal remedy: it helped secure the marriage structure in which women’s rights and independence were constrained.

Historical Significance

The surrounding argument presents this legal settlement as part of a wider pattern, not as evidence of an unbroken or inevitable progression toward equality. Women’s status, the text argues, was shaped by political and economic interests as well as by laws and family customs. The abolition of divorce in 1826 exemplifies how a change in formal law could reinforce a conservative domestic order, while its later restoration in 1884 marked only a partial reversal rather than immediate equality.