Married Women and the Law

Married Women and the Law
Author: Tim Stretton
Publisher: McGill-Queen's Press - MQUP
Total Pages: 343
Release: 2013-12-01
Genre: Law
ISBN: 0773590145

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:
Total Pages: 312
Release: 1990
Genre: History
ISBN:

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

Until They are Seven

Until They are Seven
Author: John Wroath
Publisher: Waterside Press
Total Pages: 148
Release: 1998
Genre: Law
ISBN: 9781872870571

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.

Wives & Property

Wives & Property
Author: Lee Holcombe
Publisher: University of Toronto Press
Total Pages: 490
Release: 1983-12-15
Genre: Law
ISBN: 1487590180

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.

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
Total Pages: 1388
Release: 1997-01-01
Genre: Law
ISBN: 9780802078391

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.

Women and Property

Women and Property
Author: Amy Louise Erickson
Publisher: Routledge
Total Pages: 324
Release: 2002-11-01
Genre: History
ISBN: 1134785585

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
Total Pages: 361
Release: 2002-08-22
Genre: History
ISBN: 019028157X

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.

Medieval Women and the Law

Medieval Women and the Law
Author: Noël James Menuge
Publisher: Boydell Press
Total Pages: 188
Release: 2003
Genre: History
ISBN: 9780851159324

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