By Sara Eigen Figal
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Additional resources for Heredity, Race, and the Birth of the Modern (Studies in Philosophy)
Sample text
3 By this logic, fathers have either child-heirs or bastards; mothers, who cannot have heirs because they are by defi nition external to the patrilineal succession, always have children— children whom they carried under their hearts, and for whom there is a natural bond of love. A father has heirs or bastards, in whom he either recognizes or denies the reinvestment of his own economic resources, social power, and political and legal identity; a mother has children, in whom she recognizes individual human dignity and a right to life that is somehow contiguous to, but not a part of, the legal state.
1 A connection was presumed between socially and legally sanctioned procedures of generation, and the societal value of the product. A bastard did not inherit social identity: this legal circumscription was designed to close out the illegitimates with some fi nality. Nevertheless, there was increasing attention paid to what children—including bastards—might inherit physiologically. This natural inheritance issued an epistemological challenge to the functioning legal fictions of transmission and the attention to physiological heredity accompanied its shift from the realm of folk knowledge to the domain of science, where it was subject to an arsenal of laws more regular—because “natural”—than those the state defended.
This harsh and unyielding treatment of bastards was integral to the logic of the absolutist state. Even at the close of the eighteenth century, Friedrich Wilhelm II would publicize his decision forbidding requests made by soldiers and officers (including members of the nobility) to legitimize their “natural” children, asserting that extramarital relations threatened “the morality and the well-being of families” and thus must be discouraged in all ways possible, including a ban on post facto legitimization.