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Critiques of Marriage: An Essentially Unjust Institution?

Elizabeth Brake

in Minimizing Marriage: Marriage, Morality, and the Law

Published in print:
2012
Published Online:
May 2012
ISBN:
9780199774142
eISBN:
9780199933228
Item type:
chapter
Publisher:
Oxford University Press
DOI:
10.1093/acprof:oso/9780199774142.003.0006
Subject:
Philosophy, Feminist Philosophy

Theorists of oppression note that marriage law has historically oppressed women and people of color and argue that it continues to perpetuate oppression of women, gays and lesbians, and minority ... More


Household Mistresses

Eleanor Hubbard

in City Women: Money, Sex, and the Social Order in Early Modern London

Published in print:
2012
Published Online:
May 2012
ISBN:
9780199609345
eISBN:
9780191739088
Item type:
chapter
Publisher:
Oxford University Press
DOI:
10.1093/acprof:oso/9780199609345.003.0005
Subject:
History, British and Irish Early Modern History

This chapter examines the dual roles of early modern London wives as subject wives and household mistresses, paying particular attention to ways in which the relationship between husband and wife was ... More


William Blackstone (1723–1780)

Lisa L. Moore, Joanna Brooks, and Caroline Wigginton (eds)

in Transatlantic Feminisms in the Age of Revolutions

Published in print:
2012
Published Online:
March 2015
ISBN:
9780199743483
eISBN:
9780190252830
Item type:
chapter
Publisher:
Oxford University Press
DOI:
10.1093/acprof:osobl/9780199743483.003.0023
Subject:
Literature, American, 18th Century and Early American Literature, Women's Literature

In his Commentaries on the Laws of England (1765–1769), Sir William Blackstone articulated the legal doctrine of coverture or feme covert (l“covered woman”). According to Blackstone, women lose the ... More


Heirs and Affines in The Merchant of Venice

Katharine Eisaman Maus

in Being and Having in Shakespeare

Published in print:
2013
Published Online:
May 2013
ISBN:
9780199698004
eISBN:
9780191752001
Item type:
chapter
Publisher:
Oxford University Press
DOI:
10.1093/acprof:oso/9780199698004.003.0003
Subject:
Literature, Shakespeare Studies

In The Merchant of Venice, written between Richard II and 1 Henry IV, Shakespeare considers some of the same issues from a different generic point of view. Merchant can highlight the question of what ... More


The varieties of Anglo-American law: property, patriarchy and women’s legal status in England and America

Lindsay R. Moore

in Women Before the Court: Law and Patriarchy in the Anglo-American World, 1600-1800

Published in print:
2019
Published Online:
January 2020
ISBN:
9781526136336
eISBN:
9781526144607
Item type:
chapter
Publisher:
Manchester University Press
DOI:
10.7765/9781526136343.00007
Subject:
Law, Legal History

This chapter defines women’s legal status in a variety of legal jurisdictions across the Anglo-American world, and examines how colonists adopted and modified English law in the earliest decades of ... More


Women as plaintiffs and defendants: the common law, equity and ecclesiastical jurisdictions

Lindsay R. Moore

in Women Before the Court: Law and Patriarchy in the Anglo-American World, 1600-1800

Published in print:
2019
Published Online:
January 2020
ISBN:
9781526136336
eISBN:
9781526144607
Item type:
chapter
Publisher:
Manchester University Press
DOI:
10.7765/9781526136343.00008
Subject:
Law, Legal History

This chapter offers a quantitative analysis of female litigants in courts across three jurisdictions during the seventeenth century. Though the percentage of female litigants in common law courts ... More


Wives and (unwed) mothers: women’s claims for financial support

Lindsay R. Moore

in Women Before the Court: Law and Patriarchy in the Anglo-American World, 1600-1800

Published in print:
2019
Published Online:
January 2020
ISBN:
9781526136336
eISBN:
9781526144607
Item type:
chapter
Publisher:
Manchester University Press
DOI:
10.7765/9781526136343.00011
Subject:
Law, Legal History

This chapter assesses the legal power of wives, midwives and mothers in the legal regimes of Anglo-America. Though under coverture, wives clearly had a right to petition the courts to compel ... More


Inheritance and family feuds: the legal power of elite women

Lindsay R. Moore

in Women Before the Court: Law and Patriarchy in the Anglo-American World, 1600-1800

Published in print:
2019
Published Online:
January 2020
ISBN:
9781526136336
eISBN:
9781526144607
Item type:
chapter
Publisher:
Manchester University Press
DOI:
10.7765/9781526136343.00012
Subject:
Law, Legal History

This chapter examines women from the English and colonial elite. It draws from women’s letters and correspondence to lawyers and family members to examine the depth of women’s legal knowledge, and ... More


Economic expansion and the erosion of patriarchy

Lindsay R. Moore

in Women Before the Court: Law and Patriarchy in the Anglo-American World, 1600-1800

Published in print:
2019
Published Online:
January 2020
ISBN:
9781526136336
eISBN:
9781526144607
Item type:
chapter
Publisher:
Manchester University Press
DOI:
10.7765/9781526136343.00014
Subject:
Law, Legal History

This chapter examines the expansion of the economy and how the development of equity law posed an increasing challenge to coverture and patriarchy in the eighteenth century. The legal regimes of ... More


A Telescoped History of Marriage and the Progressive Era Debate

Clare Virginia Eby

in Until Choice Do Us Part: Marriage Reform in the Progressive Era

Published in print:
2014
Published Online:
May 2014
ISBN:
9780226085661
eISBN:
9780226085975
Item type:
chapter
Publisher:
University of Chicago Press
DOI:
10.7208/chicago/9780226085975.003.0002
Subject:
History, American History: 20th Century

In this chapter I present a concise history of marriage and divorce beginning with Christianity, taking up British law (particularly coverture and marital unity), and peculiarities in the U.S., where ... More


“What Do You Women Want?”

Tracy A. Thomas

in Elizabeth Cady Stanton and the Feminist Foundations of Family Law

Published in print:
2016
Published Online:
September 2017
ISBN:
9780814783047
eISBN:
9781479853892
Item type:
chapter
Publisher:
NYU Press
DOI:
10.18574/nyu/9780814783047.003.0002
Subject:
History, History of Ideas

This chapter traces Elizabeth Cady Stanton’s earliest legal advocacy for marital property rights. It discusses Stanton’s deconstruction and critique of coverture, the law of legal disability and ... More


Charlotte Smith’s Literary Exile

Melissa Sodeman

in Sentimental Memorials: Women and the Novel in Literary History

Published in print:
2014
Published Online:
May 2015
ISBN:
9780804791328
eISBN:
9780804792790
Item type:
chapter
Publisher:
Stanford University Press
DOI:
10.11126/stanford/9780804791328.003.0004
Subject:
Literature, 18th-century Literature

This chapter traces how the literary transformations of the later eighteenth century shaped how Charlotte Smith imagined her way into authorship. Alienated from established literary coteries and ... More


Conclusion: The End of the Old Regime?

Julie Hardwick

in Sex in an Old Regime City: Young Workers and Intimacy in France, 1660-1789

Published in print:
2020
Published Online:
September 2020
ISBN:
9780190945183
eISBN:
9780190945213
Item type:
chapter
Publisher:
Oxford University Press
DOI:
10.1093/oso/9780190945183.003.0008
Subject:
History, European Early Modern History, Family History

Although the later decades of the eighteenth century and the decade of the Revolution are often associated with important changes in marriage and family as well as other issues, the persistence of ... More


The Troublesome Matter of Property

Sylvia D. Hoffert

in Jane Grey Swisshelm: An Unconventional Life, 1815-1884

Published in print:
2004
Published Online:
July 2014
ISBN:
9780807828816
eISBN:
9781469603612
Item type:
chapter
Publisher:
University of North Carolina Press
DOI:
10.5149/9780807875889_hoffert.6
Subject:
Society and Culture, Gender Studies

This chapter explores the gendered dimensions of marriage, separation, divorce, and property ownership. It describes the arguments over the distribution of money and control of property in Jane's and ... More


‘I Hate to be Thought Men’s Property in That Way’: Married Women and the Law

Trish Ferguson

in Thomas Hardy's Legal Fictions

Published in print:
2013
Published Online:
May 2014
ISBN:
9780748673247
eISBN:
9780748695256
Item type:
chapter
Publisher:
Edinburgh University Press
DOI:
10.3366/edinburgh/9780748673247.003.0004
Subject:
Literature, European Literature

This chapter examines Thomas Hardy’s legal fiction in relation to gender inequality and the double standard underpinning the law. It considers the legal disabilities experienced by women in their ... More


Subordinate Citizens: Women and Children

Richard D. Brown

in Self-Evident Truths: Contesting Equal Rights from the Revolution to the Civil War

Published in print:
2017
Published Online:
September 2017
ISBN:
9780300197112
eISBN:
9780300227628
Item type:
chapter
Publisher:
Yale University Press
DOI:
10.12987/yale/9780300197112.003.0006
Subject:
History, American History: 19th Century

Though no one doubted that women and children were citizens, there was also general agreement that they could not possess all the rights of citizens, especially full property and political rights. ... More


Standing in Her Shoes: U.S. Asylum Policy for Chinese Opposing Population Control

Sara L. McKinnon

in Gendered Asylum: Race and Violence in U.S. Law and Politics

Published in print:
2016
Published Online:
April 2017
ISBN:
9780252040450
eISBN:
9780252098888
Item type:
chapter
Publisher:
University of Illinois Press
DOI:
10.5406/illinois/9780252040450.003.0004
Subject:
Sociology, Migration Studies (including Refugee Studies)

This chapter looks at the gender concept's institutional life as a racializing and universalizing force in an examination of the cases made by Chinese migrants on the basis of forced abortion and ... More


The Sole Propriety of Adam and Eve

Alison A. Chapman

in The Legal Epic: Paradise Lost and the Early Modern Law

Published in print:
2017
Published Online:
September 2017
ISBN:
9780226435138
eISBN:
9780226435275
Item type:
chapter
Publisher:
University of Chicago Press
DOI:
10.7208/chicago/9780226435275.003.0005
Subject:
Literature, 17th-century and Restoration Literature

This chapter shows that Milton applies basic early modern ideas of legality--and specifically of property ownership--to Adam and Eve in their sinless condition. He uses words like "sole propriety" ... More


2 Alimony’s Heritage: The Helpless, the Blameless, and the Clean-Break Losers

Cynthia Lee Starnes

in The Marriage Buyout: The Troubled Trajectory of U.S. Alimony Law

Published in print:
2014
Published Online:
March 2016
ISBN:
9780814708248
eISBN:
9780814708477
Item type:
chapter
Publisher:
NYU Press
DOI:
10.18574/nyu/9780814708248.003.0003
Subject:
Law, Family Law

This chapter presents the intriguing story of the history of alimony, a history inextricably linked with evolving views of the status of women, the meaning of marriage, the right to divorce, and the ... More


The Great Life-Long Mistake: Women’s Rights Advocates and the Feminist Critique of Early Marriage

Nicholas L. Syrett

in American Child Bride: A History of Minors and Marriage in the United States

Published in print:
2016
Published Online:
May 2017
ISBN:
9781469629537
eISBN:
9781469629551
Item type:
chapter
Publisher:
University of North Carolina Press
DOI:
10.5149/northcarolina/9781469629537.003.0005
Subject:
History, European Medieval History

Focusing on the writings of antebellum women’s rights activist Elizabeth Oakes Smith, this chapter demonstrates that many objected to early marriage for girls, but for a variety of reasons. Some ... More


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