Feminism Marriage And The Law In Victorian England 1851895

Bridging the fields of political theory and history, this comprehensive study of Victorian reforms in marriage law reshapes our understanding of the feminist movement of that period. As Mary Shanley shows, Victorian feminists argued that justice for women would not follow from public rights alone, but required a fundamental transformation of the marriage relationship.

“Important both for political theorists and for women's studies. She explores with great care and thoroughness the connections between nineteenth century feminist argument and activism on the one hand, and familiar liberal principles of justice and equality on the other” - Nannerl 0. Keohane, Wellesley College Traditional studies of the women's movement in Victorian England focused on the battle for suffrage and other public rights. In this new study, however, Mary Lyndon Shanlev explores how Victorian women campaigned to reform the laws which related to marriage and the married state. Arguing that without a fundamental transformation of the marriage relationship there would be no justice for women, they fought a series of campaigns to change laws governing divorce, married women's property, infanticide, protective labour legislation, child custody, wife abuse, marital rape and the “restitution of conjugal rights”. Women involved in these campaigns exposed the connection between the privileged position of men in both public and private life and the reluctance of Parliament to enact the reforms women sought. In a series of case studies Shanley explores the demands of the reformers, and the response of Parliament. In an Epilogue, Shanley warns of the dangers to liberal feminism in relying exclusively on equal rights in the law as a formula for change.

Having demonstrated that their economic aspirations and circumstances were a necessary but not a sufficient cause for the onset of family limitation by the English upper and middle classes, another suggested explanation, the emancipation of women, is examined in this study. This shows how the feminists were little involved in the family limitation campaigns, and concludes that such emancipation was less important than the rising standard of living.

When Victoria came to the throne in 1837, two main factors shaped the lives of her female subjects: on the one hand, the rhetorical claim that marriage and family life were the necessary and sufficient conditions of a woman's fulfilment; on the other, the reality that under the common law principles of coverture a married woman's property, children, and body belonged to her husband, and her legal existence was wholly subsumed in his. The task facing Victorian feminists was to challenge the laws governing property rights, the custody of infants, divorce, prostitution, and the power of the courts to enforce a woman to live with her husband against her will (the doctrine of 'conjugal rights'). In varying degrees they were able to amend each of these laws, but not to achieve their core aims: to abolish the fiction of spousal unity, and to establish co-equal legal and political rights for men and women. That task remained for a later generation of feminists.

This text examines the evolution of wifehood, the strength and enduring popluarity of the fiction of marital unity, and the attitudes of Victorian England which led to a growing concern about wife-beating.

Some of the most exciting and innovative legal scholarship has been driven by historical curiosity. Legal history today comes in a fascinating array of shapes and sizes, from microhistory to global intellectual history. Legal history has expanded beyond traditional parochial boundaries to become increasingly international and comparative in scope and orientation. Drawing on scholarship from around the world, and representing a variety of methodological approaches, areas of expertise, and research agendas, this timely compendium takes stock of legal history and methodology and reflects on the various modes of the historical analysis of law, past, present, and future. Part I explores the relationship between legal history and other disciplinary perspectives including economic, philosophical, comparative, literary, and rhetorical analysis of law. Part II considers various approaches to legal history, including legal history as doctrinal, intellectual, or social history. Part III focuses on the interrelation between legal history and jurisprudence by investigating the role and conception of historical inquiry in various models, schools, and movements of legal thought. Part IV traces the place and pursuit of historical analysis in various legal systems and traditions across time, cultures, and space. Finally, Part V narrows the Handbooks focus to explore several examples of legal history in action, including its use in various legal doctrinal contexts.

This text provides an assessment of the most important research published in the past three decades on the English family.