Married Women and the Law

Married Women and the Law
Author: Tim Stretton
Publisher: McGill-Queen's Press - MQUP
Total Pages: 347
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).

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.

Roman Law and the Legal World of the Romans

Roman Law and the Legal World of the Romans
Author: Andrew M. Riggsby
Publisher: Cambridge University Press
Total Pages: 295
Release: 2010-06-14
Genre: History
ISBN: 052168711X

Andrew Riggsby provides a survey of the main areas of Roman law, and their place in Roman life.

Married Women and the Law in Premodern Northwest Europe

Married Women and the Law in Premodern Northwest Europe
Author: Cordelia Beattie
Publisher: Boydell Press
Total Pages: 262
Release: 2013
Genre: History
ISBN: 1843838338

Fresh approaches to how premodern women were viewed in legal terms, demonstrating how this varied from country to country and across the centuries.

A Woman's Kingdom

A Woman's Kingdom
Author: Michelle Lamarche Marrese
Publisher: Cornell University Press
Total Pages: 293
Release: 2018-09-05
Genre: History
ISBN: 1501728512

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.

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