Essay on the legal status of women in British law and her own personal experience with leaving her husband in 1836 and the legal aftermath. Pages 18-21 discuss legal cases involving enslaved persons in British colonies and the United States.
In this groundbreaking work, Caroline Sheridan Norton explores the social, legal, and political landscape of 19th century Britain from the perspective of women's rights and gender equality. Providing fascinating insights into the evolving role of women in British society, this book remains a landmark work in the field of women's studies. This work has been selected by scholars as being culturally important, and is part of the knowledge base of civilization as we know it. This work is in the "public domain in the United States of America, and possibly other nations. Within the United States, you may freely copy and distribute this work, as no entity (individual or corporate) has a copyright on the body of the work. Scholars believe, and we concur, that this work is important enough to be preserved, reproduced, and made generally available to the public. We appreciate your support of the preservation process, and thank you for being an important part of keeping this knowledge alive and relevant.
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).
Women, Property, and the Letters of the Law in Early Modern England turns to these points of departure for the study of women's legal status and property relationships in the early modern period.
A broad and eloquent study on the relatively overlooked population of single women in the slaveholding South Single, White, Slaveholding Women in the Nineteenth-Century American South investigates the lives of unmarried white women—from the pre- to the post-Civil War South—within a society that placed high value on women's marriage and motherhood. Marie S. Molloy examines female singleness to incorporate non-marriage, widowhood, separation, and divorce. These single women were not subject to the laws and customs of coverture, in which females were covered or subject to the governance of fathers, brothers, and husbands, and therefore lived with greater autonomy than married women. Molloy contends that the Civil War proved a catalyst for accelerating personal, social, economic, and legal changes for these women. Being a single woman during this time often meant living a nuanced life, operating within a tight framework of traditional gender conventions while manipulating them to greater advantage. Singleness was often a route to autonomy and independence that over time expanded and reshaped traditional ideals of southern womanhood. Molloy delves into these themes and their effects through the lens of the various facets of the female life: femininity, family, work, friendship, law, and property. By examining letters and diaries of more than three hundred white, native-born, southern women, Molloy creates a broad and eloquent study on the relatively overlooked population of single women in both the urban and plantation slaveholding South. She concludes that these women were, in various ways, pioneers and participants of a slow, but definite process of change in the antebellum era.
An absorbing account of the origins of women's rights to property and children in the UK. A true story which reads like a Victorian novel. 'In law a husband and wife are one: and that one is the husband': Blackstone This was the law until well into the nineteenth century. Until They Are Seven is based on research into the historical background to the modern problems of child custody and access. The result is an absorbing tale of the origins of women's rights to their children and their property in which John Wroath recounts the brave moves by Henrietta Greenhill and Caroline Norton which led to the Infant Custody Act 1839 and Matrimonial Causes Act 1857-the rest being history. The story is also fascinating for the insights it gives into the private lives of several famous people of the time who were involved in or around these events-included among them the prime minister Lord Melbourne, the poet and playwright Richard Brinsley Sheridan and Mary Shelley, author of Frankenstein.
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.