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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 : 42,5 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.
This book examines property legislation and the actual position of women in receiving, holding and passing on family property as daughters, wives and as widows throughout history. Traditionally the prevailing view has been that women have been disadvantaged in the distribution of property and therefore less interesting as objects of study. This volume challenges this view and explores the securing of property for families or for individuals through transfers in the shape of dowries, marriage contracts, wills and other arrangements, as well as how women used and distributed the property they were holding.The scope of the volume is both urban and rural, analysing the position of women in relation to family property through contributions from a wide geographic area. The chapters investigate the situation in southern and northern Europe, across the Atlantic and Africa throughout the 18th to the 20th century. This volume will be of value to academics, undergraduates, postgraduates and scholars interested in gender and history and social history.
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.
Author : Srimati Basu Publisher : State University of New York Press Page : 324 pages File Size : 51,8 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.
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.
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
Between the seventeenth and nineteenth centuries, women's role in the Swedish economy was renegotiated and reconceptualized. Maria Agren chronicles changes in married women's property rights, revealing the story of Swedish women's property as not just a simple narrative of the erosion of legal rights, but a more complex tale of unintended consequences. A public sphere of influence--including the wife's family and the local community--held sway over spousal property rights throughout most of the seventeenth century, Agren argues. Around 1700, a campaign to codify spousal property rights as an arcanum domesticum, or domestic secret, aimed to increase efficiency in legal decision making. New regulatory changes indeed reduced familial interference, but they also made families less likely to give land to women. The advent of the print medium ushered property issues back into the public sphere, this time on a national scale, Agren explains. Mass politicization increased sympathy for women, and public debate popularized more progressive ideas about the economic contributions of women to marriage, leading to mid-nineteenth-century legal reforms that were more favorable to women. Agren's work enhances our understanding of how societies have conceived of women's contributions to the fundamental institutions of marriage and the family, using as an example a country with far-reaching influence during and after the Enlightenment.
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.
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).
