Sexual Norms, Abortion, and Patriarchal Morality. Bulgarian Customary and Codified Law from the Late 19th to Early 20th Centuries

This study examines the norms surrounding abortion, sexuality, and morality in Bulgarian codified and customary law from the second half of the 19th century to the early 20th century. It focuses on how these issues are represented in ethnographic studies. The analysis explores major customary law collections, addressing key ethnological questions: Who documented folk customary law practices? When and how were they recorded? What were the researchers’ focal points and objectives? By examining these aspects, the study highlights the crucial role of cultural and social factors in the intricate relationship between academia and politics. Customary law collections are viewed both as reflections of societal realities and as selectively constructed frameworks that shape perceptions of those realities. The overarching framework is the extended patriarchal (Orthodox) family, which is considered a pillar of Bulgarian cultural survival under Ottoman rule and a foundation for stable social norms during a period of political and economic transition and increasing social differentiation. Leading scholars of customary law–men dedicated to preserving and reinforcing the “healthy” extended family–combined their research with active engagement in legal, political, and educational spheres. Through the widespread dissemination of their ideas, the promotion of strict moral norms, the legitimization of certain customs, and their enforcement via state power, they played a crucial role in establishing a patriarchal (dual) morality, presenting it as both “natural” and “normal”.