Married Women and the Law

Married Women and the Law

Author: Tim Stretton

Publisher: McGill-Queen's Press - MQUP

Published: 2013-12-01

Total Pages: 347

ISBN-13: 0773590145

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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).


Married Women's Separate Property in England, 1660-1833

Married Women's Separate Property in England, 1660-1833

Author: Susan Staves

Publisher:

Published: 1990

Total Pages: 312

ISBN-13:

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A critical history of the laws governing married women's property in England. Analyzing the laws and the ideology underpinning them, Staves (English, Brandeis U.) shows that while the judges had some room to maneuver, they chose to act on (and act out) their own prejudices. Annotation copyrighted by Book News, Inc., Portland, OR


Married Women and Property Law in Victorian Ontario

Married Women and Property Law in Victorian Ontario

Author: Anne Lorene Chambers

Publisher: University of Toronto Press

Published: 1997-01-01

Total Pages: 1388

ISBN-13: 9780802078391

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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.


Wives & Property

Wives & Property

Author: Lee Holcombe

Publisher: University of Toronto Press

Published: 1983-12-15

Total Pages: 490

ISBN-13: 1487590180

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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 and Property

Women and Property

Author: Amy Louise Erickson

Publisher: Routledge

Published: 2002-11-01

Total Pages: 324

ISBN-13: 1134785585

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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.


English Aristocratic Women, 1450-1550

English Aristocratic Women, 1450-1550

Author: Barbara J. Harris

Publisher: Oxford University Press

Published: 2002-08-22

Total Pages: 361

ISBN-13: 019028157X

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Portraits of aristocratic women from the Yorkist and Tudor periods reveal elaborately clothed and bejeweled nobility, exemplars of their families' wealth. Unlike their male counterparts, their sitters have not been judged for their professional accomplishments. In this groundbreaking study, Barbara J. Harris argues that the roles of aristocratic wives, mothers, and widows constituted careers for women that had as much public and political significance and were as crucial for the survival and prosperity of their families and class as their husband's careers. Women, Harris demonstrates, were trained from an early age to manage their families' property and households; arrange the marriages and careers of their children; create, sustain, and exploit the client-patron relationships that were an essential element in politics at the regional and national levels; and, finally, manage the transmission and distribution of property from one generation to another, since most wives outlived their husbands. English Aristocratic Women unveils the lives of noblewomen whose historical influence has previously been dismissed, as well as those who became favorites at the court of Henry VIII. Through extensive archival research of documents belonging to more than twelve hundred families, Harris paints a collective portrait of upper-class women of this period. By recognizing the full significance of the aristocratic women's careers, this book reinterprets the politics and gender relations of early modern England. Barbara J. Harris is Professor of History and Women's Studies at the University of North Carolina at Chapel Hill. Her previous works include Edward Stafford, Third Duke of Buckingham, 1478-1521.


Marriage and Land Law in Shakespeare and Middleton

Marriage and Land Law in Shakespeare and Middleton

Author: Nancy Mohrlock Bunker

Publisher: Rowman & Littlefield

Published: 2014-07-30

Total Pages: 279

ISBN-13: 1611476674

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Marriage and Land Law in Shakespeare and Middleton examines the dynamics of early modern marriage-making, a time-honored practice that was evolving, often surreptitiously, from patriarchal control based on money and inheritance, to a companionate union in which love and the couple’s own agency played a role. Among early modern playwrights, the marriage plays of Shakespeare and Middleton are particularly, though not uniquely, concerned with this evolution, observing the movement towards spousal choice determined by the couple themselves. Through the late Elizabethan and early Jacobean period, the role of the patriarch, though often compromised, remained intact: the father or guardian negotiated the financial terms. And, in a culture that was still tied to feudal practices, land law held a primary place in the bargain. This book, while following the arc of changing marriage practices, focuses on the ways in which the oldest determination of status, land, affects marital decisions. Land is not a constant topic of conversation in the twenty-one theatrical marriages scrutinized here, but it is a persistent and omnipresent truth of family and economic life. In paired discussions of marriage plays by Shakespeare and Middleton—The Taming of the Shrew/A Chaste Maid in Cheapside, All’s Well That Ends Well/A Trick To Catch the Old One, Measure for Measure/A Mad World, My Masters, The Merchant of Venice/The Roaring Girl, and Much Ado About Nothing/No Wit, No Help Like A Woman’s—this book explores the attempts, maneuvers, intrigues, ruses, and schemes that marriageable characters deploy in order to control spousal choice and secure land. Special attention is given to patriarchal figures whose poor judgment exploits inheritance law weaknesses and to the lack of legal protection and hence the vulnerability of women—and men—who engage the system in unconventional ways. Investigation into the milieu of early modern patriarchal influence in marriage-making and the laws governing inheritance practices enables a fresh reading of Shakespeare’s and Middleton’s marriage comedies.