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This third volume reproduces Baron and Feme: A Treatise of Law and Equity, Concerning Husbands and Wives, 3rd ed. (1738). It was published anonymously in 1700, and no attribution has yet been found for it. It is the first known legal treatise that focuse
The texts reproduced in facsimile in the three volumes of 'Legal Treatises' reconstruct the legal status of the early modern Englishwoman. To facilitate a reading of the treatises by broadly defining many of the laws discussed in great detail in the treatises, a general introduction to the laws of the period provides concise overviews of the structure of the English legal system; the legal education of practitioners of the law; the kinds of legal literature produced in the period; and the legal position of early modern Englishwomen. A bibliography of important secondary scholarship devoted to the early modern Englishwoman's legal position assists the reader in obtaining more specialized knowledge. In addition to the general introduction, a separate introduction to each of the reproduced works is provided, including information about each work's publication and authorship, intended audience, content and reception. In order to provide this framework for the years 1600-1750, this first volume of 'Legal Treatises' reproduces The Lawes Resolutions of Womens Rights (1632), the first known treatise devoted to the legal rights of women. 'The Womans Lawyer,' as the treatise's running headline and spine title read, was published anonymously in 1632; the title page fails to identify the original author of the work, and its authorship remains in question today. At over 400 pages, the text represents a massive effort of consolidation, organizing the disparate and hitherto uncompiled aspects of the common law applicable to women into a logical framework. It is unusual among early modern legal treatises in its stated goal of providing a 'popular kind of instruction' to its readers.
This is a classic treatise on the legal and equitable aspects of marriage. It covers the rights and duties of husbands and wives, as well as the laws governing marriage and divorce. It's a must-read for anyone interested in the history of marriage and family law. This work has been selected by scholars as being culturally important, and is part of the knowledge base of civilization as we know it. This work is in the "public domain in the United States of America, and possibly other nations. Within the United States, you may freely copy and distribute this work, as no entity (individual or corporate) has a copyright on the body of the work. Scholars believe, and we concur, that this work is important enough to be preserved, reproduced, and made generally available to the public. We appreciate your support of the preservation process, and thank you for being an important part of keeping this knowledge alive and relevant.
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.
This second volume reproduces a significant legal treatise concerning married women, A Treatise of Feme Coverts: Or, The Lady's Law, 1st ed. (1732). Because The Early Modern Englishwoman series is devoted to the voices of women, the second volume also r
Jeremy Bentham's law of marriage is firmly based on the principle of utility, which claims that all human actions are governed by a wish to gain pleasure and avoid pain, and on the proposition that men and women are equal. He wrote in a late eighteenth century context of Enlightenment debate about the status of women, marriage and the family, as did his contemporaries Wollstonecraft and More. Bentham responded particularly to the thought of Milton, Locke, Hume, Paley and to the French thinkers Montesquieu, Diderot and Rousseau. These were the turbulent years leading to the French Revolution and it is in this milieu that Mary Sokol seeks to rediscover the 'historical' Bentham. Instead of regarding his thought as 'timeless', she considers Bentham's attitude to the reform of marriage law and plans for the social reform of marriage, placing both his life and work in the philosophical and historical context of his time.
Reprint of the original, first published in 1861.