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Anne Lorene Chambers,Osgoode Society for Canadian Legal History
Author : Anne Lorene Chambers,Osgoode Society for Canadian Legal History Publisher : University of Toronto Press Page : 1388 pages File Size : 47,8 Mb Release : 1997-01-01 Category : Law ISBN : 0802078397
Married Women and Property Law in Victorian Ontario by Anne Lorene Chambers,Osgoode Society for Canadian Legal History Pdf
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.
Using the contemporary workings of property law in India through the lives and thoughts of middle-class and poor women, this is a study of the ways in which cultural practices, and particularly notions of gender ideology, guide the workings of law. It urges a close reading of decisions by women that appear to be contrary to material interests and that reinforce patriarchal ideologies. Hailed as a radical moment for gender equality, the Hindu Succession Act was passed in India in 1956 theoretically giving Hindu women the right to equal inheritance of their parents self-acquired property. However, in the years since the acts existence, its provisions have scarcely been utilized. Using interview data drawn from middle-class and poor neighborhoods in Delhi, this book explores the complexity of womens decisions with regard to family property in this context. The book shows that it is not passivity, ignorance of the law, naiveté about wealth, or unthinking adherence to gender prescriptions that guides womens decisions, but rather an intricate negotiation of kinship and an optimization of socioeconomic and emotional needs. An examination of recent legal cases also reveals that the formal legal realm can be hospitable to womens rights-based claims, but judgments are still coded in terms of customary provisions despite legal criteria to the contrary.
Hindu Women's Property Rights in Rural India by Reena Patel Pdf
Hindu women in India have independent right of ownership to property under the Law of Succession (The Hindu Succession Act, 1956). However, during the last five decades of its operation not many women have exercised their rights under the enactment. This volume addresses the issue of Hindu peasant women's ability to effectuate the statutory rights to succession and assert ownership of their share in family land. The work combines a critical evaluation of law with economic analyses into allocation of resources within the family as a means of addressing gender relations and explaining resulting gender inequalities.
Owning Land, Being Women enquires into the processes that establish inheritance as a unique form of property relation in law and society. It focuses on India, examining the legislative processes that led to the 2005 amendment of the Hindu Succession Act 1956, along with several interconnected welfare policies. Scholars have understood these Acts as a response to growing concerns about women’s property rights in developing countries. In re-reading these Acts and exploring the wider nexus of Indian society in which the legislation was drafted, this study considers how questions of family structure and property rights contribute to the creation of legal subjects and demonstrates the significance of the politico-economic context of rights formulation. On the basis of an ethnography of a village in West Bengal, this book brings the moral axis of inheritance into sharp focus, elucidating the interwoven dynamics of bequest, distribution of family wealth and reciprocity of care work that are integral to the logic of inheritance. It explains why inheritance rights based on the notion of individual property rights are inadequate to account for practices of inheritance. Mondal shows that inheritance includes normative structures of affective attachment and expectations, i.e., evaluatively-charged imaginaries of the future that coordinate present practices. These insights pose questions of the dominant resource-based conceptualisation of inherited property in the debate on women’s empowerment. In doing so, this work opens up a line of investigation that brings feminist rights discourse into conversation with ethics, enriching the liberal theory of gender justice.
Property Rights, Intersectionality, and Women’s Empowerment in Nepal by Pradhan, Rajendra,Meinzen-Dick, Ruth Suseela,Theis, Sophie Pdf
In this paper, we explore how different norms around property rights affect the empowerment of women of different social positions over the life cycle. We first review the conceptual foundations of property, empowerment, and intersectionality, and then present the methodology and empirical findings from ethnographic field work in Nepal. Going beyond formal ownership of property, we look at changes in property rights over personal and joint property at different stages of women’s lives. Finally, the paper makes recommendations for how research and development projects, especially in South Asia, can avoid misinterpreting asset and empowerment data by incorporating nuance around the concepts of property rights over the household life cycle
This book presents an informative examination of how the issue of womenâ (TM)s land rights has been dealt with both in Indian literature, particularly Indian English fiction, and in Indian society. The human rights of women are a revolutionary notion that has opened the way for the definition, analysis, and articulation of womenâ (TM)s experiences of widespread violence, degradation, discrimination, and marginality. Globally, womenâ (TM)s land rights are becoming an area of increasing urgency and concern as discrimination against women over land, property and inheritance rights continues to keep them in a subordinate position even today. Land empowers, and equality in land rights is an indicator of womenâ (TM)s economic empowerment and at the same time helps in poverty reduction. Many Indian writers, especially Indian English women novelists, have dealt with issues of land, dispossession, hunger and poverty in rural India in particular, but none have explicitly referred to womenâ (TM)s land rights. For men, land is an essential element of their identity as â ~providerâ (TM), but for women it is a demand for recognition as a human being. However, women in India are rarely landowners, and in most Indian families women do not own any property in their own names. They are usually refused a share in the paternal property, although, according to the Indian Succession Act, 1925, everyone is entitled to equal inheritance. Unfortunately in India, law and society conspire to deny women their right to land ownership, although there have been several legal amendments to redress this gender inequality. This book deals with the gap that lies between womenâ (TM)s land rights in India and the actual ownership of land.
Hindu Women's Property Rights in Rural India by Reena Patel Pdf
Hindu women in India have independent right of ownership to property under the Law of Succession (The Hindu Succession Act, 1956). However, during the last five decades of its operation not many women have exercised their rights under the enactment. This volume addresses the issue of Hindu peasant women's ability to effectuate the statutory rights to succession and assert ownership of their share in family land. The work combines a critical evaluation of law with economic analyses into allocation of resources within the family as a means of addressing gender relations and explaining resulting gender inequalities.
Women and Property in China, 960-1949 by Kathryn Bernhardt Pdf
Drawing on newly available archival case records, this book demonstrates that Chinese women's rights to property changed substantially from the Song through the Qing dynasties, and even more dramatically under the Republican Civil Code of 1929-30.
A Woman's Kingdom by Michelle Lamarche Marrese Pdf
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.
Author : Margaret W. Ferguson,A. R. Buck,Nancy E. Wright Publisher : University of Toronto Press Page : 340 pages File Size : 46,5 Mb Release : 2004-01-01 Category : Social Science ISBN : 0802087574
Women, Property, and the Letters of the Law in Early Modern England by Margaret W. Ferguson,A. R. Buck,Nancy E. Wright Pdf
Women, Property, and the Letters of the Law in Early Modern England turns to these points of departure for the study of women's legal status and property relationships in the early modern period.
Author : Srimati Basu Publisher : State University of New York Press Page : 324 pages File Size : 48,5 Mb Release : 1999-02-25 Category : Social Science ISBN : 9780791495926
Using the contemporary workings of property law in India through the lives and thoughts of middle-class and poor women, this is a study of the ways in which cultural practices, and particularly notions of gender ideology, guide the workings of law. It urges a close reading of decisions by women that appear to be contrary to material interests and that reinforce patriarchal ideologies. Hailed as a radical moment for gender equality, the Hindu Succession Act was passed in India in 1956 theoretically giving Hindu women the right to equal inheritance of their parents' self-acquired property. However, in the years since the act's existence, its provisions have scarcely been utilized. Using interview data drawn from middle-class and poor neighborhoods in Delhi, this book explores the complexity of women's decisions with regard to family property in this context. The book shows that it is not passivity, ignorance of the law, naiveté about wealth, or unthinking adherence to gender prescriptions that guides women's decisions, but rather an intricate negotiation of kinship and an optimization of socioeconomic and emotional needs. An examination of recent legal cases also reveals that the formal legal realm can be hospitable to women's rights-based claims, but judgments are still coded in terms of customary provisions despite legal criteria to the contrary.
Married Women and the Law by Tim Stretton,Krista J. Kesselring Pdf
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).
