Women and the Law of Property in Early America

This collection of twenty-four original essays by leading scholars in American women's history highlights the most recent important scholarship on the key debates and future directions of this popular and contemporary field. Covers the breadth of American Women's history, including the colonial family, marriage, health, sexuality, education, immigration, work, consumer culture, and feminism. Surveys and evaluates the best scholarship on every important era and topic. Includes expanded bibliography of titles to guide further research.

In this first comprehensive study of women's property rights in early America, Marylynn Salmon discusses the effect of formal rules of law on women's lives. By focusing on such areas such as conveyancing, contracts, divorce, separate estates, and widows' provisions, Salmon presents a full picture of women's legal rights from 1750 to 1830. Salmon shows that the law assumes women would remain dependent and subservient after marriage. She documents the legal rights of women prior to the Revolution and traces a gradual but steady extension of the ability of wives to own and control property during the decades following the Revolution. The forces of change in colonial and early national law were various, but Salmon believes ideological considerations were just as important as economic ones. Women did not all fare equally under the law. In this illuminating survey of the jurisdictions of Connecticut, Massachusetts, New York, Pennsylvania, Maryland, Virginia, and South Carolina, Salmon shows regional variations in the law that affected women's autonomous control over property. She demonstrates the importance of understanding the effects of formal law on women' s lives in order to analyze the wider social context of women's experience.

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).

This book offers an innovative, comparative approach to the study of women's legal rights during a formative period of Anglo-American history. It traces how colonists transplanted English legal institutions to America, examines the remarkable depth of women's legal knowledge and shows how the law increasingly undermined patriarchal relationships between parents and children, masters and servants, husbands and wives. The book will be of interest to scholars of Britain and colonial America, and to laypeople interested in how women in the past navigated and negotiated the structures of authority that governed them. It is packed with fascinating stories that women related to the courts in cases ranging from murder and abuse to debt and estate litigation. Ultimately, it makes a remarkable contribution to our understandings of law, power and gender in the early modern world.

Winner of the Los Angeles Times Book Prize in History: a bold and searing investigation into the role of white women in the American slave economy “Stunning.”—Rebecca Onion, Slate “Makes a vital contribution to our understanding of our past and present.”—Parul Sehgal, New York Times “Bracingly revisionist. . . . [A] startling corrective.”—Nicholas Guyatt, New York Review of Books Bridging women’s history, the history of the South, and African American history, this book makes a bold argument about the role of white women in American slavery. Historian Stephanie E. Jones-Rogers draws on a variety of sources to show that slave‑owning women were sophisticated economic actors who directly engaged in and benefited from the South’s slave market. Because women typically inherited more slaves than land, enslaved people were often their primary source of wealth. Not only did white women often refuse to cede ownership of their slaves to their husbands, they employed management techniques that were as effective and brutal as those used by slave‑owning men. White women actively participated in the slave market, profited from it, and used it for economic and social empowerment. By examining the economically entangled lives of enslaved people and slave‑owning women, Jones-Rogers presents a narrative that forces us to rethink the economics and social conventions of slaveholding America.

The Seneca Falls Convention is typically seen as the beginning of the first women's rights movement in the United States. Revolutionary Backlash argues otherwise. According to Rosemarie Zagarri, the debate over women's rights began not in the decades prior to 1848 but during the American Revolution itself. Integrating the approaches of women's historians and political historians, this book explores changes in women's status that occurred from the time of the American Revolution until the election of Andrew Jackson. Although the period after the Revolution produced no collective movement for women's rights, women built on precedents established during the Revolution and gained an informal foothold in party politics and male electoral activities. Federalists and Jeffersonians vied for women's allegiance and sought their support in times of national crisis. Women, in turn, attended rallies, organized political activities, and voiced their opinions on the issues of the day. After the publication of Mary Wollstonecraft's A Vindication of the Rights of Woman, a widespread debate about the nature of women's rights ensued. The state of New Jersey attempted a bold experiment: for a brief time, women there voted on the same terms as men. Yet as Rosemarie Zagarri argues in Revolutionary Backlash, this opening for women soon closed. By 1828, women's politicization was seen more as a liability than as a strength, contributing to a divisive political climate that repeatedly brought the country to the brink of civil war. The increasing sophistication of party organizations and triumph of universal suffrage for white males marginalized those who could not vote, especially women. Yet all was not lost. Women had already begun to participate in charitable movements, benevolent societies, and social reform organizations. Through these organizations, women found another way to practice politics.

An absorbing account of the origins of women's rights to property and children in the UK. A true story which reads like a Victorian novel. 'In law a husband and wife are one: and that one is the husband': Blackstone This was the law until well into the nineteenth century. Until They Are Seven is based on research into the historical background to the modern problems of child custody and access. The result is an absorbing tale of the origins of women's rights to their children and their property in which John Wroath recounts the brave moves by Henrietta Greenhill and Caroline Norton which led to the Infant Custody Act 1839 and Matrimonial Causes Act 1857-the rest being history. The story is also fascinating for the insights it gives into the private lives of several famous people of the time who were involved in or around these events-included among them the prime minister Lord Melbourne, the poet and playwright Richard Brinsley Sheridan and Mary Shelley, author of Frankenstein.

Now in paperback, The Moral Property of Women is a thoroughly updated and revised version of the award-winning historian Linda Gordon’s classic study, Woman’s Body, Woman’s Right (1976). It is the only book to cover the entire history of the intense controversies about reproductive rights that have raged in the United States for more than 150 years. Arguing that reproduction control has always been central to women’s status, Gordon shows how opposition to it has long been part of the entrenched opposition to gender equality.

Gendered Law in American History is a remarkable compendium of over thirty years of research and teaching in the field. It explores an array of social, cultural, and legal arenas from the turn of the nineteenth to the middle of the twentieth centuries, including concepts of citizenship at the founding of the republic, the development of married women's property laws, divorce, child custody, temperance, suffrage, domestic and racial violence before and after the Civil War, protective labor legislation, and the use of legal history testimony in legal disputes. It is both an invaluable reference tool and an important new teaching text. " . . . a new resource offers a comprehensive, elegantly curated collection of primary documents that shed light on a range of the most important themes: Gendered Law in American History by Richard Chused and Wendy Williams. This rich resource--more than 1200 pages--is ideal summer reading for family law enthusiasts! . . . One of the achievements of this monumental book is its constant probing of the relationship between the private law and the public law dimensions of gender rules and debates in 19th Century America. Sometimes these links seem pretty attenuated, but they are always worth asking about, in part because the law school curriculum divides the public law and private law dimensions of the family into separate topics, courses, and bodies of law. The unique collaboration of Chused and Williams, over twenty years of teaching a seminar on Gender and American Legal History at Georgetown together, doubtless made this inquiry possible. We are all the richer for the massive labor they and their students have put into this highly valuable contribution." -- Janet Halley, Royall Professor of Law, Harvard Law School in Jotwell.