The Spark

the Voice of
The Communist League of Revolutionary Workers–Internationalist

“The emancipation of the working class will only be achieved by the working class itself.”
— Karl Marx

Legal Hocus Pocus Used Against Women—Again!

May 23, 2022

The so-called “great” and “eminent” legal authority, Sir Matthew Hale, is mentioned eight times by U.S. Supreme Court Justice Samuel Alito in his legal arguments for ending Roe v. Wade. Who is Justice Hale?

This wealthy English Lord believed in witchcraft. In 1662, Judge Hale presided over an infamous “witch trial” that ended with the execution of two elderly women. Hale’s trial was used 30 years later as the model for the Salem Witch Trials that led to the execution of 14 women and 6 men.

Hale was the originator of the legal opinion that marital rape does not exist. He was the “legal authority” who originated jury instructions—used to this day—that more or less put the rape victim on trial.

Hale was known for his legal philosophy that women having enforceable rights over their own bodies was a threat to men’s freedom. Hale wrote legal texts that became British common law—a foundation of the U.S. legal system to this day.

Justice Alito cited this man in his legal opinion because today’s laws stand on these horrific traditions. Justice Alito appears to be proud of that fact. Disgusting!

With the advent of science, these draconian ideas should have been long buried. But the class system that initiated them keeps them in place. If women were not subjected to these punishments, they would have long ago flown out of the “household” to take their rightful place in society alongside the male gender. No more free, unpaid labor.

Women, to be free, must lead the fight to get rid of capitalism and to replace it with a new society without classes.