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

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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: 1708

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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: 8677

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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: 3939

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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: 2218

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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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The Trial of Charles I: A History in Documents

(From the Broadview Sources Series)

Author: K.J. Kesselring

Publisher: Broadview Press

ISBN: 1770486208

Category: History

Page: 168

View: 1123

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In January 1649, after years of civil war, King Charles I stood trial in a specially convened English court on charges of treason, murder, and other high crimes against his people. Not only did the revolutionary tribunal find him guilty and order his death, but its masters then abolished monarchy itself and embarked on a bold (though short-lived) republican experiment. The event was a landmark in legal history. The trial and execution of King Charles marked a watershed in English politics and political theory and thus also affected subsequent developments in those parts of the world colonized by the British. This book presents a selection of contemporaries’ accounts of the king’s trial and their reactions to it, as well as a report of the trial of the king’s own judges once the wheel of fortune turned and monarchy was restored. It uses the words of people directly involved to offer insight into the causes and consequences of these momentous events.
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Making Murder Public

Homicide in Early Modern England, 1480-1680

Author: K. J. Kesselring

Publisher: Oxford University Press

ISBN: 019257258X

Category: History

Page: 224

View: 508

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Homicide has a history. In early modern England, that history saw two especially notable developments: one, the emergence in the sixteenth century of a formal distinction between murder and manslaughter, made meaningful through a lighter punishment than death for the latter, and two, a significant reduction in the rates of homicides individuals perpetrated on each other. Making Murder Public explores connections between these two changes. It demonstrates the value in distinguishing between murder and manslaughter, or at least in seeing how that distinction came to matter in a period which also witnessed dramatic drops in the occurrence of homicidal violence. Focused on the 'politics of murder', Making Murder Public examines how homicide became more effectively criminalized between 1480 and 1680, with chapters devoted to coroners' inquests, appeals and private compensation, duels and private vengeance, and print and public punishment. The English had begun moving away from treating homicide as an offence subject to private settlements or vengeance long before other Europeans, at least from the twelfth century. What happened in the early modern period was, in some ways, a continuation of processes long underway, but intensified and refocused by developments from 1480 to 1680. Making Murder Public argues that homicide became fully 'public' in these years, with killings seen to violate a 'king's peace' that people increasingly conflated with or subordinated to the 'public peace' or 'public justice.'
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