Married Womens Property Law In Nineteenth Century Canada
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Author | : Constance Backhouse |
Publisher | : |
Total Pages | : 48 |
Release | : 2013 |
Genre | : |
ISBN | : |
In nineteenth-century Canada, women's property was transferred to their husbands upon marriage. The common-law rule disadvantaged women, particularly those abandoned by their husbands. This article chronicles the development of married women's property rights in the nineteenth century. The introduction of legislation that began to reform this field of law occurred in three waves: 1) enactments applicable to financially desperate married women, 2) protective measures insulating women's property from their husbands and their husbands' creditors, and 3) laws adopted from British statute, aimed at giving women more control over their property. Married women's gains in property rights during the 1800s were initiated by provincial legislatures with varying motivations; paternalism, protection of women, desire to increase women's status, or reflexive veneration for the imperial British Parliament. Judges were hostile toward laws that protected women's property from their husbands, believing such laws posed a danger to the Canadian family. They conceived of the Canadian family as a necessarily patriarchal hierarchical structure, not as a partnership of equals. Most judges deliberately tried to debilitate the legislation by narrowly interpreting the scope of married women's rights to property and freedom of contract. Judicial conservatism was eventually overturned by legislative amendment. While the nineteenth century saw great gains in women's formal property rights, men continued to have markedly greater access to wealth and resources.
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.
Author | : Lee Holcombe |
Publisher | : |
Total Pages | : 328 |
Release | : 1983 |
Genre | : Law |
ISBN | : |
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).
Author | : Anne Lorene Chambers |
Publisher | : |
Total Pages | : 470 |
Release | : 1993 |
Genre | : Abused wives |
ISBN | : |
Author | : Norma Basch |
Publisher | : |
Total Pages | : 778 |
Release | : 1982 |
Genre | : Right of property |
ISBN | : |
Author | : John Skorupski |
Publisher | : Cambridge University Press |
Total Pages | : 612 |
Release | : 1998-01-13 |
Genre | : Philosophy |
ISBN | : 1139825054 |
John Stuart Mill (1806–73) ranks among the very greatest thinkers of the nineteenth century. His impact through his books, journalism, correspondence, and political activity on modern culture and thought has been immense, and his continuing importance for contemporary philosophy and social thought is widely recognised. This Companion furnishes the reader with a systematic and fully up-to-date account of the many facets of Mill's thought and influence. New readers will find this the most convenient and accessible guide to Mill currently available. Advanced students and specialists will find a conspectus of recent developments in the interpretation of Mill.
Author | : Bettina Bradbury |
Publisher | : UBC Press |
Total Pages | : 522 |
Release | : 2011-05-01 |
Genre | : History |
ISBN | : 0774819537 |
This monumental study of two generations of women who married either before or after the Patriote rebellions of 1837-38 explores the meaning of the transition from wife to widowhood in early nineteenth-century Montreal. Bettina Bradbury weaves together the individual biographies of twenty women, against the backdrop of collective genealogies of over 500, to offer new insights into the law, politics, demography, religion, and domestic life of the time. She shows how women from all walks of life interacted with and shaped Montreal's culture, customs, and institutions, even as they laboured under the shifting conditions of patriarchy. Wife to Widow provides a rare window into the significance of marriage and widowhood.
Author | : Constance Backhouse |
Publisher | : Canadian Scholars’ Press |
Total Pages | : 498 |
Release | : 2015-02-01 |
Genre | : Law |
ISBN | : 0889615225 |
Drawing on historical records of women’s varying experiences as litigants, accused criminals, or witnesses, this book offers critical insight into women’s legal status in nineteenth-century Canada. In an effort to recover the social and political conditions under which women lobbied, rebelled, and in some cases influenced change, Petticoats and Prejudice weaves together forgotten stories of achievement and defeat in the Canadian legal system. Expanding the concept of “heroism” beyond its traditional limitations, this text gives life to some of Canada’s lost heroines. Euphemia Rabbitt, who resisted an attempted rape, and Clara Brett Martin, who valiantly secured entry into the all-male legal profession, were admired by their contemporaries for their successful pursuits of justice. But Ellen Rogers, a prostitute who believed all women should be legally protected against sexual assault, and Nellie Armstrong, a battered wife and mother who sought child custody, were ostracized for their ideas and demands. Well aware of the limitations placed upon women advocating for reform in a patriarchal legal system, Constance Backhouse recreates vivid and textured snapshots of these and other women’s courageous struggles against gender discrimination and oppression. Employing social history to illuminate the reproductive, sexual, racial, and occupational inequalities that continue to shape women’s encounters with the law, Petticoats and Prejudice is an essential entry point into the gendered treatment of feminized bodies in Canadian legal institutions. This book was co-published with The Osgoode Society for Canadian Legal History.
Author | : Peter Ward |
Publisher | : McGill-Queen's Press - MQUP |
Total Pages | : 230 |
Release | : 1990-03-01 |
Genre | : History |
ISBN | : 0773562419 |
Courtship, love, and marriage are seen today as very private affairs, and historians have generally concluded that after the late eighteenth century young people began to enjoy great autonomy in courtship and decisions about marriage. Peter Ward disagrees with this conclusion and argues that freedom in nineteenth-century English Canada was constrained by an intricate social, institutional, and familial framework which greatly influenced the behaviour of young couples both before and after marriage.