Married Women In Legal Practice

This book describes the ways in which married women appeared in legal practice in the medieval Swedish realm 1350-1450, through both the agency of women, and through the norms that surrounded their actions. Since there were no court protocols kept, legal practice must be studied through other sources. For this book, more than 6,000 original charters have been researched, and a database of all the charters pertaining to women created. This enables new findings from an area that has previously not been studied on a larger scale, and reveals trends and tendencies regarding aspects considered central to married women’s agency, such as networks, criminal liability, and procedural capacity.

Exploring the relationship between gender and law in Europe from the nineteenth century to present, this collection examines the recent feminisation of justice, its historical beginnings and the impact of gendered constructions on jurisprudence. It looks at what influenced the breakthrough of women in the judicial world and what gender factors determine the position of women at the various levels of the legal system. Every chapter in this book addresses these issues either from the point of view of women's legal history, or from that of gendered legal cultures. With contributions from scholars with expertise in the major regions of Europe, this book demonstrates a commitment to a methodological framework that is sensitive to the intersection of gender theory, legal studies and public policy, and that is based on historical methodologies. As such the collection offers a valuable contribution both to women's history research, and the wider development of European legal history.

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).

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

This book presents a novel framework for studying historical legalisation using quantitative methods, with 10 fully-preserved laws from medieval Sweden, written between c. 1225 and 1350, serving as a case study. By applying a systematic classification scheme to each legal provision, it is possible to investigate the major differences and similarities in structure and content between the 10 laws. This, in turn, allows for the re-assessment of many long-standing problems in Swedish and European medieval legal history that have been challenging to address with traditional methods based on text analyses. Over the course of the thirteenth and fourteenth centuries, major changes in the proportion of legal provisions devoted to different fields of law, and to prescribed consequences, are found. The book shows how the proportions of civil law and public law expanded at the expense of criminal law. Furthermore, a clear transition from casuistic to more abstract law provisions can also be witnessed.

“It’s a girl!” the Ontario press announced, as Canada’s first woman lawyer was called to the Ontario bar in February 1897. Quiet Rebels explores experiences of exclusion among the few women lawyers for the next six decades, and how their experiences continue to shape gender issues in the contemporary legal profession. Mary Jane Mossman tells the stories of all 187 Ontario women lawyers called to the bar from 1897 to 1957, revealing the legal profession’s gendered patterns. Comprising a small handful of students—or even a single student—at the Law School, women were often ignored, and they faced discrimination in obtaining articling positions and legal employment. Most were Protestant, white, and middle-class, and a minority of Jewish, Catholic, Black, and immigrant women lawyers faced even greater challenges. The book also explores some changes, as well as continuities, for the much larger numbers of Ontario women lawyers in recent decades. This longitudinal study of women lawyers’ gendered experiences in the profession during six decades of social, economic, and political change in early twentieth-century Ontario identifies factors that created—or foreclosed on—women lawyers’ professional success. The book’s final section explores how some current women lawyers, despite their increased numbers, must remain “quiet rebels” to succeed.