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result(s) for
"coverture"
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Women’s Property and the Downward Spiral into Fraud: Questioning the Persistent Narrative of Progress in Women’s Legal Status
2025
This article challenges the narratives that we tell ourselves about women’s history in the nineteenth century, particularly narratives that celebrate progress in the legal status of women, based on the acquisition of rights. As it shows, legal changes in the nineteenth century lumped all women into an artificially reductive category “women,” separated them from their families’ property, and turned those claims into something so problematic that they were linked to fraud. By the end of the nineteenth century, it was difficult to imagine that family property to which women contributed all their lives might actually belong to them. The article focuses on white women of considerable means. But the point is that the problematic legal category “women” not only compromised all women’s legal claims to property, but also obscured other, important social and legal differences—including those of race and class—among them.
Journal Article
Combined Use of a Bacterial Consortium and Early-Colonizing Plants as a Treatment for Soil Recovery after Fire: A Model Based on Los Guájares (Granada, Spain) Wildfire
by
Sequero López, Cristina
,
Rodrígues dos Santos, Ana Sofía
,
Rebelo Romão, Inês
in
Analysis
,
Bacillus toyonensis
,
biofilm
2023
During 2022, intense heat waves, together with particularly extreme dry conditions, created a propitious scenario for wildfires, resulting in the area of vegetation consumed in Europe doubling. Mediterranean countries have been particularly affected, reaching 293,155 hectares in Spain, the worst data in the last 15 years. The effects on the vegetation and the soil are devastating, so knowing the recovery factors is essential for after-fire management. Resilient microorganisms play a fundamental role in rapid nutrient recycling, soil structure, and plant colonization in fire-affected soils. In this present work, we have studied emergent microbial communities in the case of the Los Guájares (Granada, Spain) fire, one of the most extensive of the year, to evaluate their role in the recovery of soil and vegetation cover. We aim to discern which are the main actors in order to formulate a new treatment that helps in the ecosystem recovery. Thus, we have found the relevant loss in phosphorous and potassium solubilizers, as well as siderophores or biofilm producers. Here, we decided to use the strains Pseudomonas koreensis AC, Peribacillus frigoritolerans CB, Pseudomonas fluorescens DC, Paenibacillus lautus C, Bacillus toyonensis CD, and Paenarthrobacter nitroguajacolicus AI as a consortium, as they showed most of the capacities required in a regenerative treatment. On the other hand, the microcosm test showed an enhanced pattern of germination of the emerging model plant, Bituminaria bituminosa, as well as a more aggregated structure for soil. This new approach can create a relevant approach in order to recover fire-affected soils in the future.
Journal Article
Marginal Citizens: Interracial intimacies and the incarceration of Japanese Canadians, 1942–1949
2022
Following Japan’s 1941 attacks on Hawai’i and Hong Kong, Canada relocated, detained, and exiled citizens and residents of Japanese ancestry. Many interracial families, however, were exempted from this racial project called the internment. The form of the exemption was an administrative permit granted to its holder on the basis of their marital or patrilineal proximity to whiteness. This article analyzes these permits relying on archival research and applying a critical race feminist lens to explore how law was constitutive of race at this moment in Canadian history. I argue that the permits recategorized interracial intimacies towards two racial ends: to differentiate the citizen from the “enemy alien”; and to regulate the interracial family according to patriarchal common law principles. This article nuances received narratives of law as an instrument of racial exclusion by documenting the way in which a new inclusive state measure sustained old exclusions.
Journal Article
The purchase of intimacy
2005,2009
In their personal lives, people consider it essential to separate economics and intimacy. We have, for example, a long-standing taboo against workplace romance, while we see marital love as different from prostitution because it is not a fundamentally financial exchange. In The Purchase of Intimacy, Viviana Zelizer mounts a provocative challenge to this view. Getting to the heart of one of life's greatest taboos, she shows how we all use economic activity to create, maintain, and renegotiate important ties—especially intimate ties—to other people. In everyday life, we invest intense effort and worry to strike the right balance. For example, when a wife's income equals or surpasses her husband's, how much more time should the man devote to household chores or child care? Sometimes legal disputes arise. Should the surviving partner in a same-sex relationship have received compensation for a partner's death as a result of 9/11? Through a host of compelling examples, Zelizer shows us why price is central to three key areas of intimacy: sexually tinged relations; health care by family members, friends, and professionals; and household economics. She draws both on research and materials ranging from reports on compensation to survivors of 9/11 victims to financial management Web sites and advice books for same-sex couples. From the bedroom to the courtroom, The Purchase of Intimacy opens a fascinating new window on the inner workings of the economic processes that pervade our private lives.
Married Women and the Law
2013
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).
Law, legislation, and local minima: Solving a problem in Hayek’s theory of common law judging, with historical examples
2011
Friedrich Hayek’s
Law, Legislation, and Liberty
noted a problem in the common law system: Sometimes, following judicial precedent would lead to unforeseen bad outcomes over time. No judge can anticipate all possible implications of a precedent-setting decision, and sometimes later judges, bound by precedent, will be forced despite themselves to elaborate the law in ever more inefficient or unjust ways. Hayek proposed that one role of the legislator was to correct such “dead ends” in the common law. This paper proposes that judges working within the constraints of the common law and given only the tools Hayek himself allowed them are capable of escaping such binds on their own. It uses historical examples from the era of coverture to support this claim. Not only were judges willing to identify exceptions to coverture, these exceptions helped pave the way for coverture’s eventual abolition. This process is examined and found to be otherwise consonant with Hayek’s larger theory of the common law as a rule-finding process.
Journal Article
Uneven Developments
2009
Mary Poovey's The Proper Lady and the Woman Writer has become a standard text in feminist literary discourse. In Uneven Developments Poovey turns to broader historical concerns in an analysis of how notions of gender shape ideology.
Asserting that the organization of sexual difference is a social, not natural, phenomenon, Poovey shows how representations of gender took the form of a binary opposition in mid-Victorian culture. She then reveals the role of this opposition in various discourses and institutions—medical, legal, moral, and literary. The resulting oppositions, partly because they depended on the subordination of one term to another, were always unstable. Poovey contends that this instability helps explain why various institutional versions of binary logic developed unevenly. This unevenness, in turn, helped to account for the emergence in the 1850s of a genuine oppositional voice: the voice of an organized, politicized feminist movement.
Drawing on a wide range of sources—parliamentary debates, novels, medical lectures, feminist analyses of work, middle-class periodicals on demesticity—Poovey examines various controversies that provide glimpses of the ways in which representations of gender were simultaneously constructed, deployed, and contested. These include debates about the use of chloroform in childbirth, the first divorce law, the professional status of writers, the plight of governesses, and the nature of the nursing corps. Uneven Developments is a contribution to the feminist analysis of culture and ideology that challenges the isolation of literary texts from other kinds of writing and the isolation of women's issues from economic and political histories.
Capitalism in the Twentieth and Twenty‐First Centuries
2020
In this chapter, the authors highlight the importance of capitalism to women's and gender historians, to articulate some key questions raised about the nature of economies and capitalism. They chose a few subfields to indicate the breadth and significance of work being done on women, gender, sexuality, and capitalism in the twentieth and twenty‐first centuries. The themes the authors highlight here are areas they find particularly exciting and generative for scholars of women and gender. In particular, the authors focus on reproductive labor; consumer economy (provisioning, use, and production); coverture, the family, and economic policy; informal economies; and struggles for economic justice. Gender and women's historians have made it clear that marriage was a foundational economic institution in the United States.
Book Chapter