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.
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).
A meticulously researched and revisionist study of the nineteenth-century Ontario's Married Women's Property Acts. They were important landmarks in the legal emancipation of women.
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.
In the 1870s Millicent Garrett Fawcett had her purse snatched by a young thief in London. When he appeared in court to testify, she heard the young man charged with 'stealing from the person of Millicent Fawcett a purse containing £1 18s 6d the property of Henry Fawcett.' Long after the episode she recalled: 'I felt as if I had been charged with theft myself.' The English common law which deprived married women of the right to own and control property had far-reaching consequences for the status of women not only in other areas of law and in family life but also in education, and employment, and public life. To win reform of the married women's property law, feminism as an organized movement appeared in the 1850s, and the final success of the campaigns for reform in 1882 was one of the greatest achievements of the Victorian women's movement. Dr Holcombe explores the story of the reform campaign in the context of its time, giving particular attention to the many important men and women who worked for reform and to the debates on the subject which contributed greatly to the formulation of a philosophy of feminism.
Women in Victorian England wore jewelry made from each other's hair and wrote poems celebrating decades of friendship. They pored over magazines that described the dangerous pleasures of corporal punishment. A few had sexual relationships with each other, exchanged rings and vows, willed each other property, and lived together in long-term partnerships described as marriages. But, as Sharon Marcus shows, these women were not seen as gender outlaws. Their desires were fanned by consumer culture, and their friendships and unions were accepted and even encouraged by family, society, and church. Far from being sexless angels defined only by male desires, Victorian women openly enjoyed looking at and even dominating other women. Their friendships helped realize the ideal of companionate love between men and women celebrated by novels, and their unions influenced politicians and social thinkers to reform marriage law. Through a close examination of literature, memoirs, letters, domestic magazines, and political debates, Marcus reveals how relationships between women were a crucial component of femininity. Deeply researched, powerfully argued, and filled with original readings of familiar and surprising sources, Between Women overturns everything we thought we knew about Victorian women and the history of marriage and family life. It offers a new paradigm for theorizing gender and sexuality--not just in the Victorian period, but in our own.
“Important both for political theorists and for women's studies. She explores with great care and thoroughness the connections between nineteenth century feminist argument and activism on the one hand, and familiar liberal principles of justice and equality on the other” - Nannerl 0. Keohane, Wellesley College Traditional studies of the women's movement in Victorian England focused on the battle for suffrage and other public rights. In this new study, however, Mary Lyndon Shanlev explores how Victorian women campaigned to reform the laws which related to marriage and the married state. Arguing that without a fundamental transformation of the marriage relationship there would be no justice for women, they fought a series of campaigns to change laws governing divorce, married women's property, infanticide, protective labour legislation, child custody, wife abuse, marital rape and the “restitution of conjugal rights”. Women involved in these campaigns exposed the connection between the privileged position of men in both public and private life and the reluctance of Parliament to enact the reforms women sought. In a series of case studies Shanley explores the demands of the reformers, and the response of Parliament. In an Epilogue, Shanley warns of the dangers to liberal feminism in relying exclusively on equal rights in the law as a formula for change.
A “delightful reader’s companion” (The New York Times) to the great nineteenth-century British novels of Austen, Dickens, Trollope, the Brontës, and more, this lively guide clarifies the sometimes bizarre maze of rules and customs that governed life in Victorian England. For anyone who has ever wondered whether a duke outranked an earl, when to yell “Tally Ho!” at a fox hunt, or how one landed in “debtor’s prison,” this book serves as an indispensable historical and literary resource. Author Daniel Pool provides countless intriguing details (did you know that the “plums” in Christmas plum pudding were actually raisins?) on the Church of England, sex, Parliament, dinner parties, country house visiting, and a host of other aspects of nineteenth-century English life—both “upstairs” and “downstairs. An illuminating glossary gives at a glance the meaning and significance of terms ranging from “ague” to “wainscoting,” the specifics of the currency system, and a lively host of other details and curiosities of the day.
