Kara Sears
The phrase rule of thumb has been used to mean a rough or approximate measure for several hundred years. The idiom is believed to have originated in the 17th century, deriving from the practice of using the thumb to make rough measurements. In the 1970s, a common misconception arose that the phrase was related to a law permitting men to beat their wives with a stick or rod no thicker than their thumb. While wife-beating was legally condoned in England and the United States for centuries, a rule of thumb permitting it was never codified in law.
| Characteristics | Values |
|---|---|
| Origin of the phrase "rule of thumb" | The phrase originated in the 17th century and was first used in a 1658 sermon by the English Puritan James Durham. |
| Meaning | The term means a rough or approximate measure or guideline. |
| Connection to wife-beating | In the 1970s, a common misconception arose that connected the phrase to legally condoned wife-beating. However, this connection is refuted, and no such law has ever existed. |
| Court rulings | Several court rulings in the United States in the 19th century referred to a supposed common-law doctrine that allowed wife-beating with an implement smaller than a thumb. These rulings did not refer to this doctrine as a "rule of thumb." |
| Cultural references | The phrase has been used in a satirical cartoon by English artist James Gillray and in a report on domestic violence by women's rights advocate Del Martin in 1976. |
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What You'll Learn
The folk etymology of 'rule of thumb'
The folk etymology of the phrase "rule of thumb" has been a subject of debate and speculation for many years. While the phrase has been used to mean a "`rough or approximate measure`" for several hundred years, a modern folk etymology connects it to domestic violence and wife-beating.
According to this folk etymology, the phrase "rule of thumb" is derived from an alleged rule under English common law that permitted wife-beating as long as the implement used was no thicker than a man's thumb. This belief is based on the interpretation of certain court rulings in the United States and Great Britain, where judges referred to a supposed common-law doctrine that allowed wife-beating with an implement smaller than a thumb.
However, it is important to note that this folk etymology is not supported by etymologists and historians. While it is true that wife-beating was legally condoned in moderation in the past, the phrase "rule of thumb" was never used in the context of domestic violence in legal statutes or rulings. The first recorded link between wife-beating and the phrase "rule of thumb" appeared in 1976, in a report on domestic violence by women's rights advocate Del Martin. Martin used the phrase as a figure of speech, but some feminist writers interpreted it literally, perpetuating the association between the phrase and wife-beating.
The phrase "rule of thumb" has a much older history, dating back to the 17th century. It originates from the practice of using the thumb to make rough measurements. The English puritan James Durham, in his 1658 sermon "Heaven Upon Earth," used the phrase to describe imprecise building methods: "Many profest Christians are like to foolish builders, who build by guess, and by rule of thumb and not by Square and Rule." Additionally, the width of the thumb, or "thumb's breadth," was historically used as an equivalent of an inch in the cloth trade, further reinforcing the connection between "rule of thumb" and measurement.
In summary, while the folk etymology of "rule of thumb" connects the phrase to wife-beating and domestic violence, this association is a modern misconception. The phrase has a much older origin, stemming from the use of the thumb for rough measurements, as evidenced by historical texts and the existence of similar expressions in other languages.
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Wife-beating and the rule of thumb
The notion that the phrase "rule of thumb" originates from a law permitting wife-beating is a common misconception that arose in the 1970s. The phrase itself has been used to mean a "rough or approximate measure" for several hundred years, with the earliest documented usage dated to the mid-17th century.
The misconception stems from a misunderstanding of a figure of speech used by women's rights advocate Del Martin in her 1976 report on domestic violence, where she wrote:
> "For instance, the common-law doctrine had been modified to allow the husband 'the right to whip his wife, provided that he used a switch no bigger than his thumb'—a rule of thumb, so to speak."
Martin's use of the phrase "rule of thumb" appears to have been intended as a figure of speech, but some feminist writers interpreted it as a literal reference to an earlier law. This interpretation was further perpetuated by journalist Terry Davidson in her 1977 chapter "Wifebeating: A Recurring Phenomenon Through History," where she wrote:
> "One of the reasons nineteenth-century British wives were dealt with so harshly by their husbands and by their legal system was the 'rule of thumb.'"
While there is no evidence of a specific "rule of thumb" law permitting wife-beating, there have been instances in legal history where judges established a standard for the maximum diameter of a rod or stick that could be used by a man to beat his wife. For example, in an 1824 court ruling in Mississippi, a man was found to have enforced "domestic discipline" by striking his wife with a whip, and the judge determined that he had not inflicted more punishment than was necessary. Similarly, in an 1868 case in North Carolina (State v. Rhodes), the defendant was found to have struck his wife with a switch about the size of his fingers, and the judge found him not guilty because the implement was smaller than his thumb.
It is important to note that wife-beating has been officially outlawed in England and the United States for centuries, but enforcement of the law was inconsistent, and wife-beating still occurred. The perception of acceptable domestic violence was prevalent in both law and popular culture.
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The 1976 report by Del Martin
Martin's work sparked a common misconception in the 1970s, where the phrase "rule of thumb" was misinterpreted as being related to legally condoned wife-beating. This misunderstanding of a figure of speech led to a folk etymology that connected the phrase to domestic violence. The phrase was then associated with an alleged rule under English common law, which permitted wife-beating with a rod or stick no thicker than a man's thumb. This belief had no basis in historical law, and wife-beating had been outlawed in England and the United States for centuries, although enforcement was inconsistent.
The phrase "rule of thumb" has been used for several hundred years to mean a rough or approximate measure. The phrase has appeared in literature dating back to 1692 and has been included in the Oxford English Dictionary. The exact origin of the phrase remains uncertain, but it has been associated with various trades where measurements were compared to thumb length.
Martin's 1976 report gained traction, and the myth was repeated in a 1982 report by the United States Commission on Civil Rights, titled "Under the Rule of Thumb". This report and others like it in the late 20th century led to efforts to discourage the phrase "rule of thumb", which was now seen as taboo due to its false association with domestic violence. Despite these efforts, the connection to domestic violence persisted in some legal sources into the early 2000s.
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The 1824 Mississippi court ruling
The phrase "rule of thumb" has been used to refer to a rough or approximate measurement for several hundred years. The earliest print appearance of the phrase dates back to 1685, in a posthumously published collection of sermons by Scottish preacher James Durham. The phrase was also used in Sir William Hope's "The Compleat Fencing Master" in 1692.
The phrase "rule of thumb" has been associated with various trades, where quantities were measured using the width or length of a thumb. For example, in the cloth trade, the width of the thumb, or "thumb's breadth", was equivalent to an inch. The thumb has also been used in brewing to gauge the heat of the brew.
In the 1970s, a common misconception arose that the phrase "rule of thumb" was related to legally condoned wife-beating. This misconception was based on a misunderstanding of a figure of speech and was further perpetuated by folk etymology. It was believed that there was an old common-law doctrine that allowed a husband to beat his wife with a stick or rod no thicker than his thumb. However, this belief is erroneous, and no such law has ever existed in English or U.S. common law.
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The 1868 North Carolina ruling
The phrase "rule of thumb" has been used to refer to a rough or approximate measure for several centuries. The exact origin of the phrase is uncertain, but its earliest appearance in print is from 1685. The phrase has also been used in the context of brewing beer, where brewers would gauge the heat of the brewing vat by dipping their thumbs into it.
In the 1970s, a common misconception arose that the phrase was related to legally condoned wife-beating. This misconception was based on a misunderstanding of a figure of speech and was further perpetuated by feminist writers in the 1970s. However, it is important to note that wife-beating has been officially outlawed in England and the United States for centuries, and the phrase "rule of thumb" did not originate from any legal rulings regarding violence towards women.
In the context of the 1868 North Carolina ruling, the case of State v. Rhodes set a precedent for how the "rule of thumb" was interpreted in court. Mr. Rhodes was charged with assault and battery against his wife, Elizabeth Rhodes, after striking her three times with a switch about the size of his finger. The jury found Mr. Rhodes guilty of unprovoked assault, but the judge ruled that the use of a switch smaller than a thumb did not violate the law. This ruling was upheld by the state supreme court, with the judge stating that a husband did not have the right to whip his wife.
The North Carolina ruling in State v. Rhodes was significant because it explicitly repudiated the notion that a husband had the right to beat his wife. The judges emphasized that their decision was based on the specific circumstances of the case and not on any "rule of thumb" doctrine. This ruling set a precedent for future cases and contributed to the evolving attitudes towards violence against women in the legal system.
In subsequent years, other court rulings in the United States referenced a supposed common-law doctrine that allowed wife-beating with implements smaller than a thumb. However, it is important to note that these courts did not refer to this doctrine as a "rule of thumb" and instead permitted some degree of wife-beating as long as it did not result in serious injury. By the late 19th century, most American states had outlawed wife-beating, marking a significant shift in legal attitudes towards domestic violence.
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Frequently asked questions
The rule of thumb was never a codified law. It was a common misconception that arose in the 1970s that the phrase was related to legally condoned wife-beating.
The phrase originated in the 17th century and was first used in a 1658 sermon by the English Puritan James Durham. It means a rough or approximate measure.
Folk etymology states that the phrase comes from a maximum width of a stick allowed for wife-beating under English common law. However, no such law has ever existed.
