The Household as a Space of the Law in Eighteenth-Century England.

Autor: Barclay, Katie, Ireland, Emily
Předmět:
Zdroj: law&history; 2020, Vol. 7` Issue 2, p98-126, 29p
Abstrakt: The concept of 'space' has proven to be a useful instrument for both historical and legal enquiry. This article contributes to scholarship on the relationship between household and state, and gendered power within the family in the eighteenth century, through examination of the eighteenth-century English household as a 'space of law'. Using records of the pleadings from suits brought by married women against their husbands in the Court of Chancery, it argues for the reciprocal production of both the patriarchal household and the law through such accounts. Both husband and wife (and their respective counsel) used arguments that promoted their adherence to, and their spouse's non-compliance with, gendered ideals within the household. Husbands' 'intermeddling' in their wives' spaces to appropriate their separate property became part of Chancery's jurisprudence concerning fraud. Framed as 'legal space', legal records are no longer imperfect representations of past marriages but are active in shaping both the home and the legal system. [ABSTRACT FROM AUTHOR]
Databáze: Complementary Index