The Great Lawsuit
Encyclopedia
Woman in the Nineteenth Century is a book by American journalist, editor, and women's rights
Women's rights
Women's rights are entitlements and freedoms claimed for women and girls of all ages in many societies.In some places these rights are institutionalized or supported by law, local custom, and behaviour, whereas in others they may be ignored or suppressed...

 advocate Margaret Fuller
Margaret Fuller
Sarah Margaret Fuller Ossoli, commonly known as Margaret Fuller, was an American journalist, critic, and women's rights advocate associated with the American transcendentalism movement. She was the first full-time American female book reviewer in journalism...

. Originally published in July 1843 in The Dial
The Dial
The Dial was an American magazine published intermittently from 1840 to 1929. In its first form, from 1840 to 1844, it served as the chief publication of the Transcendentalists. In the 1880s it was revived as a political magazine...

magazine as "The Great Lawsuit. Man versus Men. Woman versus Women", it was later expanded and republished in book form in 1845.

Summary

The basis for Fuller’s essay is the idea that man will rightfully inherit the earth when he becomes an elevated being, understanding of divine love. There have been periods in time when the world was more awake to this love, but people are sleeping now; however, everyone has the power to become enlightened. Man cannot now find perfection because he is still burdened with selfish desires, but Fuller is optimistic and says that we are on the verge of a new awakening. She claims that in the past man, like Orpheus
Orpheus
Orpheus was a legendary musician, poet, and prophet in ancient Greek religion and myth. The major stories about him are centered on his ability to charm all living things and even stones with his music; his attempt to retrieve his wife from the underworld; and his death at the hands of those who...

 for Eurydice
Eurydice
Eurydice in Greek mythology, was an oak nymph or one of the daughters of Apollo . She was the wife of Orpheus, who loved her dearly; on their wedding day, he played joyful songs as his bride danced through the meadow. One day, a satyr saw and pursued Eurydice, who stepped on a venomous snake,...

, has always called out for woman, but soon will come the time when women will call for men, when they will be equals and share divine love.

America has been hindered from reaching equality because it inherited depravity from Europe, hence its treatment of Native and African Americans. Fuller quotes the ancient Medes
Medes
The MedesThe Medes...

 on how all people are equal and bound to each other; those who infringe on others’ rights are condemned, but the biggest sin is hypocrisy. Man needs to practice divine love as well as feel it. Among those who practice it are the abolitionists because they act on their love of humanity; many women are part of this group.

Fuller then begins to examine men and women in America. She observes that many people think that in marriage, man is the head of the house and woman the heart. Problems with the law derive from the problem of women being viewed as inferiors, equal to children but not men. The truth is that women need expansion and seek to be like men; they need to be taught self-dependence. The idea that equality between men and women would bring divinity to new heights because it would help fulfill the lives of both men and women is reinforced by looking at historical evidence where men and women were equally divine, including Christianity
Christianity
Christianity is a monotheistic religion based on the life and teachings of Jesus as presented in canonical gospels and other New Testament writings...

 with its male and female saint
Saint
A saint is a holy person. In various religions, saints are people who are believed to have exceptional holiness.In Christian usage, "saint" refers to any believer who is "in Christ", and in whom Christ dwells, whether in heaven or in earth...

s. Women, Fuller says, need not poetry or power to be happy, which they now have access to, but rather intellectual and religious freedom equal to men’s.

The transition of marriage
Marriage
Marriage is a social union or legal contract between people that creates kinship. It is an institution in which interpersonal relationships, usually intimate and sexual, are acknowledged in a variety of ways, depending on the culture or subculture in which it is found...

 in earlier times as that of convenience into a union of equal souls is discussed in relation to four types of marriage, which Fuller ranks in ascending order. The first type, the household partnership, is merely convenience and mutual dependence. The man provides for the house, the woman tends to it. The second type is mutual idolatry where the man and woman find in the other all perfection to the exclusion of the rest of the world. The intellectual companionship is the next highest form of marriage. In this, man and woman are friends, confidants in thought and feeling with a mutual trust, but rarely love. Above all of these forms is the highest marriage, the religious union. It envelopes the other three to include mutual dependence, idolatry, and respect. The man and woman find themselves as equals on a “pilgrimage towards a common shrine.” Fuller also makes brief mention of the life of “old maids”, often looked down upon because they are not married, but she says that they have the opportunity for close communion with the divine which married people do not have to that extent.

Fuller then looks at the differences between men and women in order to enforce that women need their intellectual and spiritual resources strengthened. She says that the souls of men and women are the same, even with differences in masculinity and femininity. The differences are not between men and women, though, for both have masculine and feminine energies, but are between individuals: “There is no wholly masculine man, no purely feminine woman.”

The conclusion of the essay is that before a true union can occur, each person must be an individual and self-dependent unit. For women to become such individuals, men need to remove their dominating influence, but women also need to claim themselves as self-dependent and remove themselves from man’s influence. Fuller ends looking forward and making a call for the woman who will teach women to be individuals.

Composition and publication history

Fuller began writing her essay as she went on a trip to Chicago
Chicago
Chicago is the largest city in the US state of Illinois. With nearly 2.7 million residents, it is the most populous city in the Midwestern United States and the third most populous in the US, after New York City and Los Angeles...

 in 1843, perhaps inspired by a similar essay by Sophia Ripley
Sophia Ripley
Sophia Willard Dana Ripley , wife of George Ripley, was a 19th-century feminist associated with Transcendentalism and the Brook Farm community.-Biography:...

. "The Great Lawsuit: Man versus Men, Woman versus Women" was originally published in serial form for The Dial, the transcendental
Transcendentalism
Transcendentalism is a philosophical movement that developed in the 1830s and 1840s in the New England region of the United States as a protest against the general state of culture and society, and in particular, the state of intellectualism at Harvard University and the doctrine of the Unitarian...

 journal for which Fuller served as editor. Publisher Horace Greeley
Horace Greeley
Horace Greeley was an American newspaper editor, a founder of the Liberal Republican Party, a reformer, a politician, and an outspoken opponent of slavery...

 was impressed and encouraged Fuller to rewrite it as a full-length book. After completing the expanded version, re-named Woman in the Nineteenth Century, she wrote to a friend: "I had put a good deal of my true self in it, as if, I suppose I went away now, the measure of my footprint would be left on earth." About one-third of the book-length version was new. Greeley assisted in its publication and released it as part of his "Cheerful Books for the People" series in February 1845, selling for 50 cents a copy.

Analysis

There are many transcendentalist ideas expressed in the essay based on Fuller’s strong dedication to transcendentalism. One of the main ideas is the cultivation of the individual, which to Fuller included women as well as men. The essay applies the idea of the individual to the enlightenment of all mankind: allowing women as individuals to have greater spiritual and intellectual freedom will advance the enlightenment of both men and women and, therefore, all of mankind.

“The Great Lawsuit” also makes reference to the abolitionist movement. Women’s lack of freedom is paralleled to that of the slaves, one that was actively fought against by many people in the North, men as well as women. In doing this, Fuller is calling upon men’s compassion for the slave to be applied to women as well, and for women to expand their energy fighting for slaves’ freedom to their own.

The essay includes many allusions to other works in literature, history, politics, religion, and philosophy in order to demonstrate to the reader that she was qualified to write the work in an age when women were not allowed a college education. The work reflects her life, for she was very active in politics when women were still expected to devote themselves entirely to their family. Fuller identified with the Lithuania
Lithuania
Lithuania , officially the Republic of Lithuania is a country in Northern Europe, the biggest of the three Baltic states. It is situated along the southeastern shore of the Baltic Sea, whereby to the west lie Sweden and Denmark...

n nationalist Emilia Plater
Emilia Plater
Countess Emilia Plater was a Polish-Lithuanian noblewoman and revolutionary from the lands of the partitioned Polish-Lithuanian Commonwealth...

, a woman who raised a regiment against the Russia
Russia
Russia or , officially known as both Russia and the Russian Federation , is a country in northern Eurasia. It is a federal semi-presidential republic, comprising 83 federal subjects...

ns.

Criticism and legacy

An 1860 essay collection, Historical Pictures Retouched, by Caroline Healey Dall
Caroline Healey Dall
Caroline Wells Healey Dall was an American feminist writer, transcendentalist and reformer. She was affiliated with the National Women's Rights Convention, the New England Women's Club, and the American Social Science Association...

, called Fuller's Woman in the Nineteenth Century "doubtless the most brilliant, complete, and scholarly statement ever made on the subject". The typically harsh literary critic Edgar Allan Poe
Edgar Allan Poe
Edgar Allan Poe was an American author, poet, editor and literary critic, considered part of the American Romantic Movement. Best known for his tales of mystery and the macabre, Poe was one of the earliest American practitioners of the short story and is considered the inventor of the detective...

 wrote of the work as "a book which few women in the country could have written, and no woman in the country would have published, with the exception of Miss Fuller", noting its "independence" and "unmitigated radicalism". Henry David Thoreau
Henry David Thoreau
Henry David Thoreau was an American author, poet, philosopher, abolitionist, naturalist, tax resister, development critic, surveyor, historian, and leading transcendentalist...

 thought highly of the book, suggesting that its strength came in part from Fuller's conversational ability. As he called it, it was "rich extempore writing, talking with pen in hand". In the Evening Post, William Cullen Bryant
William Cullen Bryant
William Cullen Bryant was an American romantic poet, journalist, and long-time editor of the New York Evening Post.-Youth and education:...

 noted "the thoughts it puts forth are so important that we ought to rejoice to know it read by every man and woman in America" despite some "pretty strong" language.

The influential editor Rufus Wilmot Griswold
Rufus Wilmot Griswold
Rufus Wilmot Griswold was an American anthologist, editor, poet, and critic. Born in Vermont, Griswold left home when he was 15 years old. He worked as a journalist, editor, and critic in Philadelphia, New York City, and elsewhere. He built up a strong literary reputation, in part due to his 1842...

, believing Fuller went against his notion of feminine modesty, referred to Woman in the Nineteenth Century as "an eloquent expression of her discontent at having been created female". American author Nathaniel Hawthorne
Nathaniel Hawthorne
Nathaniel Hawthorne was an American novelist and short story writer.Nathaniel Hawthorne was born in 1804 in the city of Salem, Massachusetts to Nathaniel Hathorne and the former Elizabeth Clarke Manning. His ancestors include John Hathorne, a judge during the Salem Witch Trials...

, previously a supporter of Fuller, was critical of her after Woman of the Nineteenth Century was published. The same was true of his wife, Sophia Hawthorne, who had attended some of her "Conversations" in Boston. Of Woman in the Nineteenth Century, she wrote:
Woman in the Nineteenth Century, which has become one of the major documents in American feminism
Feminism
Feminism is a collection of movements aimed at defining, establishing, and defending equal political, economic, and social rights and equal opportunities for women. Its concepts overlap with those of women's rights...

, is considered the first of its kind in the United States. Scholars have suggested Woman in the Nineteenth Century was the first major women's rights work since Mary Wollstonecraft's
Mary Wollstonecraft
Mary Wollstonecraft was an eighteenth-century British writer, philosopher, and advocate of women's rights. During her brief career, she wrote novels, treatises, a travel narrative, a history of the French Revolution, a conduct book, and a children's book...

 A Vindication of the Rights of Woman
A Vindication of the Rights of Woman
A Vindication of the Rights of Woman: with Strictures on Political and Moral Subjects , written by the 18th-century British feminist Mary Wollstonecraft, is one of the earliest works of feminist philosophy. In it, Wollstonecraft responds to those educational and political theorists of the 18th...

(1792), beginning with a comparison between the two women made by George Eliot
George Eliot
Mary Anne Evans , better known by her pen name George Eliot, was an English novelist, journalist and translator, and one of the leading writers of the Victorian era...

in her 1855 essay "Margaret Fuller and Mary Wollstonecraft". Even so, Fuller's work is considered mainly literary today because oratory was more valued in the politics of her time. Oratory relied strictly on masculine conventions and women’s writing was generally sentimental literature. Sandra M. Gustafson writes in her article, “Choosing a Medium: Margaret Fuller and the Forms of Sentiment”, that Fuller’s greatest achievement with “The Great Lawsuit” and Woman in the Nineteenth Century is the assertion of the feminine through a female form, sentimentalism, rather than through a masculine form as some female orators used.

Further reading

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