On the History of Surnames Themselves

"After the Norman invasion, old Saxon customs, including those regarding names, were replaced with Norman ones. Populations increased and larger cities grew while the list of possible first names was quite limited, resulting in confusion and the increasing need for some other means of identifying individuals. Surnames therefore became more common in thirteenth and fourteenth-century England. Adding to the necessity of more precise names, the state began to require a way to identify and regulate its citizens. Kelly argues that early naming conventions also developed as a way to shape and structure citizens’ lives to correspond with the dominant culture, a purpose which is still extant today.

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The use of surnames was quite flexible and inconsistent until the 1500s, however. Names themselves were chosen by the bearer, sometimes according to local laws. A 1465 law, for example, dictated that every Irishman living within specified districts should 'take to him an English surname of one town, as Sutton, Chester, Trynn, Skryne, Corke, Kinsall; or colour, as white, black, brown; or arte or science, as smith or carpenter; or office as cooke, butler.' Names changed quickly and easily through the fourteenth century, and reflected a person’s trade, personal and physical characteristics, or residence more often than their paternity. As a result of this flexibility in name choice, members of the same family would often have different surnames, and those names would frequently change throughout one’s life. John Smith could have a daughter named Maude Weaver and a son named Henry Short, who may also be known as Henry Hill if he lived on a hill, or Henry Johnson as the son of John.

Surnames gradually began to be hereditary in the fourteenth century due to state registration of citizens requiring more naming consistency. As Kelly points out, many of the common English names of today reflect important functions of fourteenth century life. Yet surnames were not universal or firmly established in all parts of England even by the early 1700s. Indeed, the British royal family itself had no surname at all until 1917 when they adopted the name Windsor, apparently as a means of distinguishing the family from the Germans during World War I. Surnames, therefore, developed out of a combination of 'custom, convenience, and law.'

The surnames of women in particular have not been well documented, which essentially writes females out of history as their ancestry is so difficult to trace. Evidence suggests, however, that girls were given names such as Alice Tomsdaughter, but these names were largely lost in time because English custom developed such that women tended to adopt the surnames of their husbands. Yet it is also clear that there were exceptions to the norm; historically, if the wife inherited property, then her husband and children would take her last name in order to attach themselves to the estate. Tuttle argues that the purpose of this was to ensure that the family and future generations might be “deluded” into believing in the consistency of the male line. With time, however, the law imposed further restrictions upon women’s ownership of property, so that eventually only males were permitted ownership by law. This effectively ended the practice of men taking their wives’ names at marriage.

Although westerners tend to think of our naming structure as set in stone and as representing the only reasonable approach, not only did these structures vary within our own culture over time, but worldwide many other practices have abounded. There are still no surnames at all in many non-western societies. “Matronymics,”or the practice of naming after the maternal line, exists in modern Spain, medieval England, and amongst medieval Arabs and Jews. Indeed, in medieval England children were often given the names of their mothers, or assumed them voluntarily, even when they were not illegitimate. In some cultures, surnames are narrative and are neither patrilineal nor matrilineal."

Excerpted from: Deborah J. Anthony, A Spouse by Any Other Name, 17 Wm. & Mary J. Women & L. 187 (2010),

On the Legal Side: Chinese Laws Relevant to Marital Surname Decisions

Jumping off my post from Monday, check out the actual wording of some of these marital surname laws that have been in place in China. Keep in mind that I'm only using English translations here, so it's entirely possible that some nuance may have been lost in the transition.

The Civil Code of the Republic of China (1930) Article 19 - "If the right to the use of one's name is unlawfully infringed, application may be made to the Court for the suppression of the infringement and for damages."

The New Marriage Law (1950, People's Republic of China) - Article 11 - "Both husband and wife shall have the right to use his or her own family name." Also, check out some more of the propaganda posters from that time period supporting the precepts of the law.

Second Marriage Law of 1980 (People's Republic of China) Article 14 - "Both husband and wife shall have the right to use his or her own surname and given name."

The Only Society in World History Without Marriage

"We know of only one society in world history that did not make marriage a central way of organizing social and personal life, the Na people of China. With that exception, marriage has been, in one form or another, a universal social institution throughout recorded history."  

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From Marriage: A History, by Stephanie Coontz

 

I'm becoming incredibly obsessed with this book. It's simply fascinating. 

The New York Times' Survey on Marital Name Decisions

'I Didn't Want to Lose My Identity': 16,000 Readers Reflect on Their Surnames
By Hanna Ingber, The New York Times

This is a great read. I particularly identify with the introductory story about Katherine Yuk, who hated her name as a child due to schoolyard teasing but eventually decided to keep it. I, similarly, was teased as a child for having the last name Dickson. I mean, kids can be mean when you have a slang word for male genitalia hanging out in your surname.

"The Wedding Morning" - John Bacon

"The Wedding Morning" - John Bacon

I've also had some fun with automatically generated email addresses that cut off after so many letters; I believe my automatically generated one for law school was along the lines of "RDickso" or "DicksoR." It was bad enough that I called the IT department and begged them to change it for me, but they refused. I'm pretty sure I logged into that e-mail address only once, to set it to forward all my e-mails to my personal e-mail, and then never used it again. 

It also doesn't help that I have the less common spelling of a fairly popular last name, so my entire life, I've had to fight people spelling my name as Dixon, or alternatively, Dickens or Dickinson. (Nope. Fail.) It's become enough of a problem that if I don't receive an e-mail I'm expecting, I call and make sure they had the right spelling of both of my names (oh yeah, my first name is the less common spelling of a fairly popular first name as well, so that just adds to the fun). But as I get older (I'm 29 now), I've grown to embrace it more. I wouldn't call it my identity, but at the same time, I'm not certain I'd recognize myself by a different name. Dealing with the problems that go along with my name are just part of the package, to me now.

I'm actually a bit disappointed in this NYT article. The stories from various women about their choice is truly lovely but that's all there is. Give me some statistics, people! Did you survey 16,000 women and then not come up with numbers about how many kept their name vs. changed vs. combined? How many gave their own names to their children? How many women in homosexual relationships responded? What trends showed up among those couples? Really, this seems like a failed opportunity. I'm very much hoping that there are more installments in the future that provide more information from the survey. 

On "the Good Old Days" of Marriage

"...[F]or thousands of years, people have been proclaiming a crisis in marriage and pointing backwards to better days. The ancient Greeks complained bitterly about the declining morals of wives. The Romans bemoaned their high divorce rates, which they contrasted with an earlier rate of family stability. The European settlers in America began lamenting the decline of the family and the disobedience of women and children almost as soon as they stepped off the boats.  

Celebrations during a wedding in Ancient Greece.  

Celebrations during a wedding in Ancient Greece.  

Worrying about the decay of marriage isn't just a Western habit. In the 1990s, sociologist Amy Kaler, conducting interviews in a region of Southern Africa where divorce had long been common, was surprised to hear people say that marital strife and instability were new to their generation. So Kaler went back and looked at oral histories collected fifty years earlier. She found that the grandparents and great-grandparents of the people she was interviewing in the 1990s had also described their own marital relations as much worse than the marriages of their  parents' and grandparents' day. 'The invention of a past filled with good marriages,' Kaler concluded, is one way people express discontent about other aspects of contemporary life."

A bride is led to her wedding, with her new husband at right. 

A bride is led to her wedding, with her new husband at right. 

From Stephanie Coontz's "Marriage, a History: How Love Conquered Marriage"  

On the Legal Side: The Convention on the Elimination of All Forms of Discrimination Against Women

"...the full and complete development of a country, the welfare of the world and the cause of peace require the maximum participation of women on equal terms with men in all fields "

The Convention on the Elimination of All Forms of Discrimination Against Women was adopted by the UN General Assembly in 1979 and is often described as the international bill of rights for women. States that are a party to the agreement pledge "to make equality between men and women a reality by providing equal opportunities in all fields, whether political, civil, economic, social or cultural, as well as in family life. Those States also committed themselves to reporting to the Committee on the Elimination of Discrimination Against Women on steps taken to fulfill their obligations." (Source: The UN handbook on the convention and its optional protocol)  States also have the option to sign onto an optional protocol to the convention which allows women whose rights have been violated and who have exhausted national remedies to seek redress from an independent international body. 

The United States has signed this treaty but not ratified it. To be honest, our country does this pretty often. For a treaty to be ratified by the United States, the Senate must advise and consent the President on the treaty by a two-thirds vote. Only after the Senate approves can the President ratify it. Here's what Wikipedia says about this: "While the House of Representatives does not vote on it at all, the requirement for the Senate's advice and consent to ratification makes it considerably more difficult to rally enough political support for international treaties. Also, if implementation of the treaty requires the expenditure of funds, the House of Representatives may be able to block or at least impede such implementation by refusing to vote for the appropriation of the necessary funds."

So what power does an unratified signature have?  "Where the signature is subject to ratification, acceptance or approval, the signature does not establish the consent to be bound. However, it is a means of authentication and expresses the willingness of the signatory state to continue the treaty-making process. The signature qualifies the signatory state to proceed to ratification, acceptance or approval. It also creates an obligation to refrain, in good faith, from acts that would defeat the object and the purpose of the treaty." [Arts.10 and 18, Vienna Convention on the Law of Treaties 1969]

Here's the part that is most relevant to marriage and marital surname decisions:

Article 16

1. States Parties shall take all appropriate measures to eliminate discrimination against women in all matters relating to marriage and family relations and in particular shall ensure, on a basis of equality of men and women:
(a) The same right to enter into marriage;
(b) The same right freely to choose a spouse and to enter into marriage only with their free and full consent;
(c) The same rights and responsibilities during marriage and at its dissolution;
(d) The same rights and responsibilities as parents, irrespective of their marital status, in matters relating to their children; in all cases the interests of the children shall be paramount;
(e) The same rights to decide freely and responsibly on the number and spacing of their children and to have access to the information, education and means to enable them to exercise these rights;
(f) The same rights and responsibilities with regard to guardianship, wardship, trusteeship and adoption of children, or similar institutions where these concepts exist in national legislation; in all cases the interests of the children shall be paramount;
(g) The same personal rights as husband and wife, including the right to choose a family name, a profession and an occupation;
(h) The same rights for both spouses in respect of the ownership, acquisition, management, administration, enjoyment and disposition of property, whether free of charge or for a valuable consideration.

2. The betrothal and the marriage of a child shall have no legal effect, and all necessary action, including legislation, shall be taken to specify a minimum age for marriage and to make the registration of marriages in an official registry compulsory.

Book Excerpt: Elizabeth Gilbert on the Marriage Benefit Imbalance

Photo by Elycefeliz on Flickr. Used under a Creative Commons License.

Photo by Elycefeliz on Flickr. Used under a Creative Commons License.

At this point in my life, I still move around a bit too much for me to be comfortable building up much of a library. I regularly go through and clean out my books and donate any that don't have special meaning to me. 

I will never give away Elizabeth Gilbert's books. I've had "Eat Pray Love" for years; my copy is lovingly highlighted, dogeared, and underlined. On my recent move from Chicago to Northern Virginia, I listened to an audio book of her work "Committed: A Skeptic Makes Peace With Marriage" and then promptly bought a hardcopy of it. I've already started highlighting it and underlining it; there's a very good chance that part of its words on the radical nature of marriage will end up in my wedding ceremony. It's fantastic and fascinating and if my blog ends up being a quarter as brilliant, insightful, and educational as that book, I will be incredibly pleased with myself.

Today's excerpt, however, is a bit more realistic and depressing: 

...[W]e have to start with the cold, ugly fact that marriage does not benefit women as much as it benefits men. I did not invent this fact, and I don't like saying it, but it's a sad truth, backed up by study after study. By contrast, marriage as an institution has always been terrifically beneficial for men. If you are a man, say the actuarial charts, the smartest decision you can possibly make for yourself-assuming that you would like to lead a long, happy, healthy, prosperous existence-is to get married. Married men perform dazzlingly better in life than single men. Married men live longer than single men; married men accumulate more wealth than single men; married men excel at their careers above single men; married men are far less likely to die a violent death than single men; married men report themselves to be much happier than single men; and married men suffer less from alcoholism, drug addiction, and depression than do single men.

"A system could not well have been devised more studiously hostile to human happiness than marriage," wrote Percy Bysshe Shelley in 1813, but he was dead wrong, or at least with regard to male human happiness. There doesn't seem to be anything, statistically speaking, that a man does not gain by getting married.

Dishearteningly, the reverse is not true. Modern married women do not fare better in life than their single counterparts. Married women in America do not live longer than single women; married women do not accumulate as much wealth as a single woman (you take a 7 percent pay cut, on average, just for getting hitched); married women do not thrive in their careers to the extent single women do; married women are significantly less healthy than single women; married women are more likely to suffer from depression than single women; and married women are more likely to die a violent death than single women--usually at the hands of a husband, which raises the grim reality that, statistically speaking, the most dangerous person in the average woman's life is her own man.

All this adds up to what puzzled sociologists call the "Marriage Benefit Imbalance"--a tidy name for an almost freakishly doleful conclusion: that women generally lose in teh exchange of marriage vows, while men win big.

Now before we all lie down under our desks and weep--which is what this conclusion makes me want to do--I must assure everyone that the situation is getting better. As the years go by and more women become autonomous, the Marriage Benefit Imbalance diminishes, and there are some factors that can narrow this inequity considerably. The more education a married woman has, the more money she earns, the later in life she marries, the fewer children she bears, and the more help her husband offers with household chores, the better her quality of life in marriage will be. If there was ever a good moment in Western history, then, for a woman to become a wife, this would probably be it. If you are advising your daughter on her future, and you want her to be a happy adult someday, then you might want to encourage her to finish her schooling, delay marriage for as long as possible, earn her own living, limit the number of children she has, and find a man who doesn't mind cleaning the bathtub. Then your daughter may have a chance at leading a life that is nearly as healthy and wealthy and happy as her future husband's life will be.