Author: Patricia R. Orr
Publisher:
ISBN:
Category : Actions and defenses
Languages : en
Pages : 306
Book Description
Married Women and the Law
Author: Tim Stretton
Publisher: McGill-Queen's Press - MQUP
ISBN: 0773590145
Category : Law
Languages : en
Pages : 343
Book Description
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).
Publisher: McGill-Queen's Press - MQUP
ISBN: 0773590145
Category : Law
Languages : en
Pages : 343
Book Description
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
Author: Margaret W. Ferguson
Publisher: University of Toronto Press
ISBN: 9780802087577
Category : Social Science
Languages : en
Pages : 340
Book Description
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.
Publisher: University of Toronto Press
ISBN: 9780802087577
Category : Social Science
Languages : en
Pages : 340
Book Description
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.
Women Waging Law in Elizabethan England
Author: Tim Stretton
Publisher: Cambridge University Press
ISBN: 9780521023252
Category : History
Languages : en
Pages : 292
Book Description
This book examines gender relations in Shakespeare's England by looking at women's involvement in lawsuits in the largest courts in the land. It describes women's rights in theory and in practice, considers depictions of women in court scenes in plays, and analyzes the language and tactics women and their lawyers employed in pleadings. The book also reveals how many women went to law, how active they were, the discrimination they suffered, and the importance of the life cycle of marriage in determining their legal fortunes.
Publisher: Cambridge University Press
ISBN: 9780521023252
Category : History
Languages : en
Pages : 292
Book Description
This book examines gender relations in Shakespeare's England by looking at women's involvement in lawsuits in the largest courts in the land. It describes women's rights in theory and in practice, considers depictions of women in court scenes in plays, and analyzes the language and tactics women and their lawyers employed in pleadings. The book also reveals how many women went to law, how active they were, the discrimination they suffered, and the importance of the life cycle of marriage in determining their legal fortunes.
Until They are Seven
Author: John Wroath
Publisher: Waterside Press
ISBN: 9781872870571
Category : Law
Languages : en
Pages : 148
Book Description
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.
Publisher: Waterside Press
ISBN: 9781872870571
Category : Law
Languages : en
Pages : 148
Book Description
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.
Medieval Women and the Law
Author: Noël James Menuge
Publisher: Boydell Press
ISBN: 9780851159324
Category : History
Languages : en
Pages : 188
Book Description
Legal records illuminate womens' use of legal processes, with regard to the making of wills, the age of consent, rights concerning marriage and children, women as traders, etc. Determined and largely successful effort to read behind and alongside legal discourses to discover women's voices and women's feelings. It adds usefully to the wider debate on women's role in medieval society. ENGLISH HISTORICAL REVIEW What is really new here is the ways in which the authors approach the history of the law: they use some decidedly non-legal texts to examine legal history; they bring together historical and literary sources; and they debunk the view that medieval laws had little to say about women or that medieval women had little legal agency. ALBION The legal position of the late medieval woman has been much neglected, and it is this gap which the essays collected here seek to fill. They explore the ways in which women of all ages and stations during the late middle ages (c.1300-c.1500) could legally shift for themselves, and how and where they did so. Particular topics discussed include the making of wills, the age of consent, rights concerning marriage, care, custody and guardianship (with particular emphasis on the rights of a mother attempting to gain custody of her own children within the court system), women as traders, women as criminals, prostitution, the rights of battered women within the courts, the procedures women had to go through to gain legal redress and access, rape, and women within guilds. NOELJAMES MENUGE gained her Ph.D. from the Centre of Medieval Studies at the University of York. Contributors: P.J.P. GOLDBERG, VICTORIA THOMPSON, JENNIFER SMITH, CORDELIA BEATTIE, KATHERINE J. LEWIS, NOEL JAMES MENUGE, CORINNE SAUNDERS, KIM M. PHILLIPS, EMMA HAWKES
Publisher: Boydell Press
ISBN: 9780851159324
Category : History
Languages : en
Pages : 188
Book Description
Legal records illuminate womens' use of legal processes, with regard to the making of wills, the age of consent, rights concerning marriage and children, women as traders, etc. Determined and largely successful effort to read behind and alongside legal discourses to discover women's voices and women's feelings. It adds usefully to the wider debate on women's role in medieval society. ENGLISH HISTORICAL REVIEW What is really new here is the ways in which the authors approach the history of the law: they use some decidedly non-legal texts to examine legal history; they bring together historical and literary sources; and they debunk the view that medieval laws had little to say about women or that medieval women had little legal agency. ALBION The legal position of the late medieval woman has been much neglected, and it is this gap which the essays collected here seek to fill. They explore the ways in which women of all ages and stations during the late middle ages (c.1300-c.1500) could legally shift for themselves, and how and where they did so. Particular topics discussed include the making of wills, the age of consent, rights concerning marriage, care, custody and guardianship (with particular emphasis on the rights of a mother attempting to gain custody of her own children within the court system), women as traders, women as criminals, prostitution, the rights of battered women within the courts, the procedures women had to go through to gain legal redress and access, rape, and women within guilds. NOELJAMES MENUGE gained her Ph.D. from the Centre of Medieval Studies at the University of York. Contributors: P.J.P. GOLDBERG, VICTORIA THOMPSON, JENNIFER SMITH, CORDELIA BEATTIE, KATHERINE J. LEWIS, NOEL JAMES MENUGE, CORINNE SAUNDERS, KIM M. PHILLIPS, EMMA HAWKES
Women Before the Bar
Author: Cornelia Hughes Dayton
Publisher: UNC Press Books
ISBN: 0807838241
Category : History
Languages : en
Pages : 401
Book Description
Women before the Bar is the first study to investigate changing patterns of women's participation in early American courts across a broad range of legal actions--including proceedings related to debt, divorce, illicit sex, rape, and slander. Weaving the stories of individual women together with systematic analysis of gendered litigation patterns, Cornelia Dayton argues that women's relation to the courtroom scene in early New England shifted from one of integration in the mid-seventeenth century to one of marginality by the eve of the Revolution. Using the court records of New Haven, which originally had the most Puritan-dominated legal regime of all the colonies, Dayton argues that Puritanism's insistence on godly behavior and communal modes of disputing initially created unusual opportunities for women's voices to be heard within the legal system. But women's presence in the courts declined significantly over time as Puritan beliefs lost their status as the organizing principles of society, as legal practice began to adhere more closely to English patriarchal models, as the economy became commercialized, and as middle-class families developed an ethic of privacy. By demonstrating that the early eighteenth century was a crucial locus of change in law, economy, and gender ideology, Dayton's findings argue for a reconceptualization of women's status in colonial New England and for a new periodization of women's history.
Publisher: UNC Press Books
ISBN: 0807838241
Category : History
Languages : en
Pages : 401
Book Description
Women before the Bar is the first study to investigate changing patterns of women's participation in early American courts across a broad range of legal actions--including proceedings related to debt, divorce, illicit sex, rape, and slander. Weaving the stories of individual women together with systematic analysis of gendered litigation patterns, Cornelia Dayton argues that women's relation to the courtroom scene in early New England shifted from one of integration in the mid-seventeenth century to one of marginality by the eve of the Revolution. Using the court records of New Haven, which originally had the most Puritan-dominated legal regime of all the colonies, Dayton argues that Puritanism's insistence on godly behavior and communal modes of disputing initially created unusual opportunities for women's voices to be heard within the legal system. But women's presence in the courts declined significantly over time as Puritan beliefs lost their status as the organizing principles of society, as legal practice began to adhere more closely to English patriarchal models, as the economy became commercialized, and as middle-class families developed an ethic of privacy. By demonstrating that the early eighteenth century was a crucial locus of change in law, economy, and gender ideology, Dayton's findings argue for a reconceptualization of women's status in colonial New England and for a new periodization of women's history.
English Women at Law
Author: Patricia R. Orr
Publisher:
ISBN:
Category : Actions and defenses
Languages : en
Pages : 306
Book Description
Publisher:
ISBN:
Category : Actions and defenses
Languages : en
Pages : 306
Book Description
Women and the Law
Author: Susan Atkins
Publisher: Wiley-Blackwell
ISBN:
Category : Sex discrimination against women
Languages : en
Pages : 248
Book Description
Publisher: Wiley-Blackwell
ISBN:
Category : Sex discrimination against women
Languages : en
Pages : 248
Book Description
Women in the Medieval Common Law c.1200–1500
Author: Gwen Seabourne
Publisher: Routledge
ISBN: 1134775903
Category : History
Languages : en
Pages : 176
Book Description
This book examines the view of women held by medieval common lawyers and legislators, and considers medieval women’s treatment by and participation in the processes of the common law. Surveying a wide range of points of contact between women and the common law, from their appearance (or not) in statutes, through their participation (or not) as witnesses, to their treatment as complainants or defendants, it argues for closer consideration of women within the standard narratives of classical legal history, and for re-examination of some previous conclusions on the relationship between women and the common law. It will appeal to scholars and students of medieval history, as well as those interested in legal history, gender studies and the history of women.
Publisher: Routledge
ISBN: 1134775903
Category : History
Languages : en
Pages : 176
Book Description
This book examines the view of women held by medieval common lawyers and legislators, and considers medieval women’s treatment by and participation in the processes of the common law. Surveying a wide range of points of contact between women and the common law, from their appearance (or not) in statutes, through their participation (or not) as witnesses, to their treatment as complainants or defendants, it argues for closer consideration of women within the standard narratives of classical legal history, and for re-examination of some previous conclusions on the relationship between women and the common law. It will appeal to scholars and students of medieval history, as well as those interested in legal history, gender studies and the history of women.
A Historical Introduction to English Law
Author: Russell Sandberg
Publisher: Cambridge University Press
ISBN: 110709058X
Category : History
Languages : en
Pages : 295
Book Description
Designed for those studying law for the first time, this book explores where the English common law came from.
Publisher: Cambridge University Press
ISBN: 110709058X
Category : History
Languages : en
Pages : 295
Book Description
Designed for those studying law for the first time, this book explores where the English common law came from.