Married Women and the Law

Coverture in England and the Common Law World

Author: Tim Stretton,Krista J. Kesselring

Publisher: McGill-Queen's Press - MQUP

ISBN: 0773590145

Category: Law

Page: 328

View: 9397

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Explaining the curious legal doctrine of "coverture," William Blackstone famously declared that "by marriage, husband and wife are one person at law." This "covering" of a wife's legal identity by her husband meant that the greatest subordination of women to men developed within marriage. In England and its colonies, generations of judges, legislators, and husbands invoked coverture to limit married women's rights and property, but there was no monolithic concept of coverture and their justifications shifted to fit changing times: Were husband and wife lord and subject? Master and servant? Guardian and ward? Or one person at law? The essays in Married Women and the Law offer new insights into the legal effects of marriage for women from medieval to modern times. Focusing on the years prior to the passage of the Divorce Acts and Married Women's Property Acts in the late nineteenth century, contributors examine a variety of jurisdictions in the common law world, from civil courts to ecclesiastical and criminal courts. By bringing together studies of several common law jurisdictions over a span of centuries, they show how similar legal rules persisted and developed in different environments. This volume reveals not only legal changes and the women who creatively used or subverted coverture, but also astonishing continuities. Accessibly written and coherently presented, Married Women and the Law is an important look at the persistence of one of the longest lived ideas in British legal history. Contributors include Sara M. Butler (Loyola), Marisha Caswell (Queen’s), Mary Beth Combs (Fordham), Angela Fernandez (Toronto), Margaret Hunt (Amherst), Kim Kippen (Toronto), Natasha Korda (Wesleyan), Lindsay Moore (Boston), Barbara J. Todd (Toronto), and Danaya C. Wright (Florida).
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The Routledge History of Women in Early Modern Europe

Author: Amanda L. Capern

Publisher: Routledge

ISBN: 1000709590

Category: History

Page: 440

View: 8471

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The Routledge History of Women in Early Modern Europe is a comprehensive and ground-breaking survey of the lives of women in early-modern Europe between 1450 and 1750. Covering a period of dramatic political and cultural change, the book challenges the current contours and chronologies of European history by observing them through the lens of female experience. The collaborative research of this book covers four themes: the affective world; practical knowledge for life; politics and religion; arts, science and humanities. These themes are interwoven through the chapters, which encompass all areas of women’s lives: sexuality, emotions, health and wellbeing, educational attainment, litigation and the practical and leisured application of knowledge, skills and artistry from medicine to theology. The intellectual lives of women, through reading and writing, and their spirituality and engagement with the material world, are also explored. So too is the sheer energy of female work, including farming and manufacture, skilled craft and artwork, theatrical work and scientific enquiry. The Routledge History of Women in Early Modern Europe revises the chronological and ideological parameters of early-modern European history by opening the reader’s eyes to an exciting age of female productivity, social engagement and political activism across European and transatlantic boundaries. It is essential reading for students and researchers of early-modern history, the history of women and gender studies.
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Women, Crime, and Forgiveness in Early Modern Portugal

Author: Darlene Abreu-Ferreira

Publisher: Ashgate Publishing, Ltd.

ISBN: 1472442334

Category: History

Page: 250

View: 3492

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Looking at the experiences of women in early modern Portugal in the context of crime and forgiveness, this study demonstrates the extent to which judicial and quasi-judicial records can be used to examine the implications of crime in women’s lives, whether as victims or culprits. The foundational basis for this study is two sets of manuscript sources that highlight two distinct yet connected experiences of women as participants in the criminal process. One consists of a collection of archival documents from the first half of the seventeenth century, a corpus called 'querelas,' in which formal accusations of criminal acts were registered. This is a rich source of information not only about the types of crimes reported, but also the process that plaintiffs had to follow to deal with their cases. The second primary source consists of a sampling of documents known as the ‘perdão de parte.’ The term refers to the victim’s pardon, unique to the Iberian Peninsula, which allowed individuals implicated in serious conflicts to have a voice in the judicial process. By looking at a sample of these pardons, found in notary collections from the sixteenth and seventeenth centuries, Abreu-Ferreira is able to show the extent to which women exercised their agency in a legal process that was otherwise male-dominated.
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Feminism, Marriage, and the Law in Victorian England

Author: Mary Lyndon Shanley

Publisher: Princeton University Press

ISBN: 9780691024875

Category: History

Page: 213

View: 7629

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Bridging the fields of political theory and history, this comprehensive study of Victorian reforms in marriage law reshapes our understanding of the feminist movement of that period. As Mary Shanley shows, Victorian feminists argued that justice for women would not follow from public rights alone, but required a fundamental transformation of the marriage relationship.
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Routledge International Encyclopedia of Women

Global Women's Issues and Knowledge

Author: Cheris Kramarae,Dale Spender

Publisher: Routledge

ISBN: 1135963150

Category: Reference

Page: 2050

View: 8613

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For a full list of entries and contributors, sample entries, and more, visit the Routledge International Encyclopedia of Women website. Featuring comprehensive global coverage of women's issues and concerns, from violence and sexuality to feminist theory, the Routledge International Encyclopedia of Women brings the field into the new millennium. In over 900 signed A-Z entries from US and Europe, Asia, the Americas, Oceania, and the Middle East, the women who pioneered the field from its inception collaborate with the new scholars who are shaping the future of women's studies to create the new standard work for anyone who needs information on women-related subjects.
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Essays in the History of Canadian Law

Quebec and the Canadas

Author: George Blaine Baker,Donald Fyson

Publisher: University of Toronto Press

ISBN: 1442670061

Category: History

Page: 608

View: 2451

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The essays in this volume deal with the legal history of the Province of Quebec, Upper and Lower Canada, and the Province of Canada between the British conquest of 1759 and confederation of the British North America colonies in 1867. The backbone of the modern Canadian provinces of Ontario and Quebec, this geographic area was unified politically for more than half of the period under consideration. As such, four of the papers are set in the geographic cradle of modern Quebec, four treat nineteenth-century Ontario, and the remaining four deal with the St. Lawrence and Great Lakes watershed as a whole. The authors come from disciplines as diverse as history, socio-legal studies, women’s studies, and law. The majority make substantial use of second-language sources in their essays, which shade into intellectual history, social and family history, regulatory history, and political history.
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Women and Property

In Early Modern England

Author: Amy Louise Erickson

Publisher: Routledge

ISBN: 1134785585

Category: History

Page: 320

View: 7116

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This ground-breaking book reveals the economic reality of ordinary women between the late 16th and early 18th centuries. Drawing on little-known sources, Amy Louise Erickson reconstructs day-to-day lives, showing how women owned, managed and inherited property on a scale previously unrecognised. Her complex and fascinating research, which contrasts the written laws with the actual practice, completely revises the traditional picture of women's economic status in pre-industrial England. Women and Property is essential reading for anyone interested in women, law and the past.
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