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At the limits of coverture: Judicial...

York University (Canada).

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At the limits of coverture: Judicial imagination and women's agency in the English common law.

紀錄類型:	書目-電子資源 : Monograph/item
正題名/作者:	At the limits of coverture: Judicial imagination and women's agency in the English common law./
作者:	Pearlston, Karen.
面頁冊數:	363 p.
附註:	Source: Dissertation Abstracts International, Volume: 69-05, Section: A, page: 1961.
Contained By:	Dissertation Abstracts International69-05A.
標題:	History, European. -
電子資源:	http://pqdd.sinica.edu.tw/twdaoeng/servlet/advanced?query=NR39046
ISBN:	9780494390467

At the limits of coverture: Judicial imagination and women's agency in the English common law.
Pearlston, Karen.

At the limits of coverture: Judicial imagination and women's agency in the English common law. - 363 p.

Source: Dissertation Abstracts International, Volume: 69-05, Section: A, page: 1961.

Thesis (Ph.D.)--York University (Canada), 2007.

Until the third quarter of the nineteenth century, the common law doctrine of coverture framed English women's legal relations. The doctrine operated to submerge a woman's legal personality into that of her husband. More specifically, coverture precluded married women from owning property, making contracts, and suing or being sued. Yet the economy could not function without them, and many exceptions to coverture developed that operated in specific situations. As coverture grew in breadth and complexity in the early modern period, the exceptions to the doctrine grew as well. How those exceptions were established, expanded and applied is important for understanding both the history of women and the development of the substantive law.

ISBN: 9780494390467Subjects--Topical Terms:

1018076
History, European.

At the limits of coverture: Judicial imagination and women's agency in the English common law.
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100 1 $a Pearlston, Karen. $3 1033814
245 1 0 $a At the limits of coverture: Judicial imagination and women's agency in the English common law.
300 $a 363 p.
500 $a Source: Dissertation Abstracts International, Volume: 69-05, Section: A, page: 1961.
502 $a Thesis (Ph.D.)--York University (Canada), 2007.
520 $a Until the third quarter of the nineteenth century, the common law doctrine of coverture framed English women's legal relations. The doctrine operated to submerge a woman's legal personality into that of her husband. More specifically, coverture precluded married women from owning property, making contracts, and suing or being sued. Yet the economy could not function without them, and many exceptions to coverture developed that operated in specific situations. As coverture grew in breadth and complexity in the early modern period, the exceptions to the doctrine grew as well. How those exceptions were established, expanded and applied is important for understanding both the history of women and the development of the substantive law.
520 $a The core of this dissertation is a study of exceptions to coverture and their reception in the common law courts in the last half of the eighteenth century. This task, however, requires analysis of much earlier developments in the common law. The dissertation therefore covers pre-eighteenth-century exceptions to the doctrine and traces the development of particular exceptions into the eighteenth century, uncovering several early examples of issues that would prove to be ongoing. These issues touch on the contradictions inherent in a system in which women were denied formal economic rights yet frequently engaged in economic activity.
520 $a The balance of the project closely examines the operation of exceptions to coverture at the eighteenth-century common law courts. It is based on an analysis of reported cases, treatise literature, and available archival records. It traces the Mansfield court's acceptance, rejection, regularization and expansion of particular exceptions to coverture and then addresses whether and how those exceptions were accepted or rejected by the Kenyon court.
520 $a Finally, the dissertation engages with the historiography of women on topics including women's legal relations, their working and family lives, and the public/private division. It shows that serious engagement with legal sources enhances our understanding of women's history by clarifying the nature of the legal relations of which married women were a part. Although there were many ways in which married women could ignore or circumvent coverture, it remained the framework for their legal relations.
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