Marriage and divorce in the works of Edith Wharton and Jane Austen: intersections between Law and society

Abstract

This manuscript aims to investigate the conceptualization of the institutions of marriage and divorce in specific works by Edith Wharton and Jane Austen, relating the knowledge obtained to the evolution of customs and the legal appreciation received by these institutions in Brazilian doctrine and jurisprudence. To this end, the works that constitute theoretical landmarks are addressed in their fundamental points, prioritizing attention to the legal institutions under debate, before evaluating the scenario in which these legal institutions find themselves in Brazilian law, before arriving at the conclusion, which moves towards the recognition that subjectivities do not find the ample freedom to bloom in the midst of the realistic concretion of marriage and divorce, in the referential terms the works of Wharton and Austen offer. The method adopted is a bibliographic survey, based on predominantly diachronic historical bibliographic research.