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Law Legal History

Married Women and the Law

Coverture in England and the Common Law World

by (author) Tim Stretton & K.J. Kesselring

Publisher
McGill-Queen's University Press
Initial publish date
Dec 2013
Category
Legal History
  • eBook

    ISBN
    9780773590144
    Publish Date
    Dec 2013
    List Price
    $37.95
  • Hardback

    ISBN
    9780773542921
    Publish Date
    Dec 2013
    List Price
    $125.00
  • Paperback / softback

    ISBN
    9780773542976
    Publish Date
    Dec 2013
    List Price
    $37.95

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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).

About the authors

Tim Stretton's profile page

K.J. Kesselring is professor of history at Dalhousie University.

K.J. Kesselring's profile page

Editorial Reviews

"The collection provides a number of fresh insights into issues that do not naturally arise in the discussion of a legal doctrine. Authors from a variety of disciplines present an analysis of coverture, which itself has an impact on a diverse set of matte

“A much needed and powerful study of married women’s status in law.” Joanne Bailey, Department of History, Philosophy, and Religion, Oxford Brookes University

“Married Women and the Law makes a significant contribution to conceptualizing coverture’s ever changing impact on women and families and each chapter is interesting and provocative in its own right.” Amy Froide, Department of History, University of Maryland, Baltimore County

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