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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: Tim Stretton
Publisher: McGill-Queen's Press - MQUP
ISBN: 0773590145
Category : Law
Languages : en
Pages : 347
Get Book Here
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: Caroline Sheridan Norton
Publisher:
ISBN:
Category : Divorce
Languages : en
Pages : 192
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Book Description
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.
Author: Margaret W. Ferguson
Publisher: University of Toronto Press
ISBN: 9780802087577
Category : Social Science
Languages : en
Pages : 340
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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.
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: 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: Cornelia Hughes Dayton
Publisher: UNC Press Books
ISBN: 0807838241
Category : History
Languages : en
Pages : 401
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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.
Author: Susan Staves
Publisher:
ISBN:
Category : History
Languages : en
Pages : 312
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Book Description
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
Author: Tim Stretton
Publisher: Cambridge University Press
ISBN: 9780521023252
Category : History
Languages : en
Pages : 292
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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.
Author: Lindsay R. Moore
Publisher: Gender in History
ISBN: 9781526151711
Category : History
Languages : en
Pages : 184
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Book Description
This book offers an innovative, comparative approach to the study of women's legal rights during a formative period of Anglo-American history. It traces how colonists transplanted English legal institutions to America, examines the remarkable depth of women's legal knowledge and shows how the law increasingly undermined patriarchal relationships between parents and children, masters and servants, husbands and wives. The book will be of interest to scholars of Britain and colonial America, and to laypeople interested in how women in the past navigated and negotiated the structures of authority that governed them. It is packed with fascinating stories that women related to the courts in cases ranging from murder and abuse to debt and estate litigation. Ultimately, it makes a remarkable contribution to our understandings of law, power and gender in the early modern world.
Author: Lucinda Acland
Publisher: Rizzoli International Publications
ISBN: 1785512560
Category : Biography & Autobiography
Languages : en
Pages : 0
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Book Description
Marking the centenary of the Act, First tells the story of women in law in their first 100 years of practice. When Helena Normanton was admitted to Middle Temple on 24 December 1919, she became the first woman to enter this traditional male preserve, setting in train a series of firsts for women in law which continue today. The day before, the passing of the Sex Disqualification (Removal) Act had made it possible, for the first time, for women to enter the legal profession. Marking the centenary of the Act, First tells the story of women in law in their first 100 years of practice. From early campaigners through to the first women solicitors, barristers, magistrates and judges, the book tells the often untold stories of the pioneers, reformers and influencers who paved the way, revealing the barriers they faced, their challenges and triumphs. It offers a unique insight into how women have succeeded in a profession still dominated by men, and looks ahead to the prospects for women in law in the next 100 years.
