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Author: Marylynn Salmon
Publisher: Chapel Hill : University of North Carolina Press
ISBN:
Category : Law
Languages : en
Pages : 296
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Book Description
Women and the Law of Property in Early America
Author: Marylynn Salmon
Publisher: Chapel Hill : University of North Carolina Press
ISBN:
Category : Law
Languages : en
Pages : 296
Get Book Here
Book Description
Women and the Law of Property in Early America
Author: Tim Stretton
Publisher: McGill-Queen's Press - MQUP
ISBN: 0773590145
Category : Law
Languages : en
Pages : 347
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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).
Author: Linda K. Kerber
Publisher: Macmillan
ISBN: 0809073846
Category : Law
Languages : en
Pages : 432
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Book Description
In this landmark book, the historian Linda K. Kerber opens up this important and neglected subject for the first time. She begins during the Revolution, when married women did not have the same obligation as their husbands to be "patriots," and ends in the present, when men and women still have different obligations to serve in the armed forces.
Author: Cordelia Beattie
Publisher: Boydell Press
ISBN: 1843838338
Category : History
Languages : en
Pages : 262
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Book Description
Fresh approaches to how premodern women were viewed in legal terms, demonstrating how this varied from country to country and across the centuries.
Author: Lee Holcombe
Publisher: University of Toronto Press
ISBN: 1487590180
Category : Law
Languages : en
Pages : 490
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Book Description
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.
Author: Antony W. Dnes
Publisher: Cambridge University Press
ISBN: 9780521006323
Category : Business & Economics
Languages : en
Pages : 246
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Book Description
What sort of contract is marriage? What does it offer the parties? What are the difficulties of enforcement, and the result of failed effective enforcement? This book takes an economic approach to marriage and divorce, considering the key role of incentives in family law: it highlights the possible adverse consequences emanating from faulty legal design, while demonstrating that good family law should provide incentives for consistent and honest behavior. Economists, specialists in the economic analysis of law, and academic lawyers discuss recent advances in specialist work on marriage, cohabitation, and divorce. Chapters are grouped around four topics: the contractual perspectives on marriage commitment; the regulatory framework surrounding divorce; bargaining and commitment issues relating to marriage and near-marriage arrangements; and finally empirical work, which focuses on the impact of more liberal divorce laws. This important new study will be of considerable interest to lawyers, policy-makers and economists concerned with family law.
Author: Judith Evans Grubbs
Publisher: Psychology Press
ISBN: 0415152402
Category : Domestic relations (Roman law)
Languages : en
Pages : 378
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Book Description
This sourcebook fully exploits the rich legal material of the imperial period, explaining the rights women held under Roman law, the restrictions to which they were subject, and legal regulations on marriage, divorce and widowhood.
Author: Michelle Lamarche Marrese
Publisher: Cornell University Press
ISBN: 1501728512
Category : History
Languages : en
Pages : 293
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Book Description
In A Woman's Kingdom, Michelle Lamarche Marrese explores the development of Russian noblewomen's unusual property rights. In contrast to women in Western Europe, who could not control their assets during marriage until the second half of the nineteenth century, married women in Russia enjoyed the right to alienate and manage their fortunes beginning in 1753. Marrese traces the extension of noblewomen's right to property and places this story in the broader context of the evolution of private property in Russia before the Great Reforms of the 1860s. Historians have often dismissed women's property rights as meaningless. In the patriarchal society of Imperial Russia, a married woman could neither work nor travel without her husband's permission, and divorce was all but unattainable. Yet, through a detailed analysis of women's property rights from the Petrine era through the abolition of serfdom in 1861, Marrese demonstrates the significance of noblewomen's proprietary power. She concludes that Russian noblewomen were unique not only for the range of property rights available to them, but also for the active exercise of their legal prerogatives.A remarkably broad source base provides a solid foundation for Marrese's conclusions. These sources comprise more than eight thousand transactions from notarial records documenting a variety of property transfers, property disputes brought to the Senate, noble family papers, and a vast memoir literature. A Woman's Kingdom stands as a masterful challenge to the existing, androcentric view of noble society in Russia before Emancipation.
Author: Sara Margaret Butler
Publisher: Routledge
ISBN: 0415825164
Category : Family & Relationships
Languages : en
Pages : 207
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Book Description
Divorce, as we think of it today, is usually considered to be a modern invention. This book challenges that viewpoint, documenting the many and varied uses of divorce in the medieval period and highlighting the fact that couples regularly divorced on the grounds of spousal incompatibility.
Author: John Wroath
Publisher: Waterside Press
ISBN: 9781872870571
Category : Law
Languages : en
Pages : 148
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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.
