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Studies in Legal History
Women and the Law of Property in Early America
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.
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.
285 pages, Paperback
First published January 1, 1986
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Displaying 1 - 4 of 4 reviews
May 16, 2016
I thought this book was rather insightful. The book really focuses on laws and customs during Colonial America. It's really beneficial to know the backdrop/setting of each time period and how women (and men) were affected at the time. There was no one set law in Colonial America. Each colony/state, or locality established their own customs with women and property.
Laws were different in both the North and the South in matters of consent in sale of property. The South requirement an oral testimony from a woman if her property was being sold by her husband, whereas the North wasn't so lenient. It was the opposite in matters of divorce - the South made it much more difficult for a woman to divorce her husband, even if he accused of adultery.
At the same time, it was interesting to read that society back then highly frowned on divorced. It was considered shameful - unlike today.
Laws were different in both the North and the South in matters of consent in sale of property. The South requirement an oral testimony from a woman if her property was being sold by her husband, whereas the North wasn't so lenient. It was the opposite in matters of divorce - the South made it much more difficult for a woman to divorce her husband, even if he accused of adultery.
At the same time, it was interesting to read that society back then highly frowned on divorced. It was considered shameful - unlike today.
February 15, 2011
The information is very interesting and informative. My beef with it was it was so dry. So, so dry. As in, boring. Salmon could take a lesson from Laurel Ulrich Thatcher, who creates interesting, informative AND engaging books.
June 4, 2014
Interesting material but dry and overly wordy.
Want to Read
April 9, 2015This probably isn't a book you will sit down and read cover to cover. It is, however, an excellent resource for your reference shelf. The index will help you find what you're looking for quickly.
Displaying 1 - 4 of 4 reviews