Women in the Medieval Common Law c.1200–1500

Gwen Seabourne

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English

Routledge
09 January 2023

British & Irish history; Medieval history; Gender studies: women; Common law; Legal history

Series: Studies in Medieval History and Culture

This book examines the view of women held by medieval common lawyers and legislators, and considers medieval women’s treatment by and participation in the processes of the common law. Surveying a wide range of points of contact between women and the common law, from their appearance (or not) in statutes, through their participation (or not) as witnesses, to their treatment as complainants or defendants, it argues for closer consideration of women within the standard narratives of classical legal history, and for re-examination of some previous conclusions on the relationship between women and the common law. It will appeal to scholars and students of medieval history, as well as those interested in legal history, gender studies and the history of women.

By: Gwen Seabourne
Imprint: Routledge
Country of Publication: United Kingdom
Dimensions: Height: 234mm, Width: 156mm,
Weight: 290g
ISBN: 9780367745226
ISBN 10: 0367745224
Series: Studies in Medieval History and Culture
Pages: 176
Publication Date: 09 January 2023
Audience: College/higher education , General/trade , Primary , ELT Advanced
Format: Paperback
Publisher's Status: Active

Introduction: women, the common law and the legal historians 1 PART I Unions and divisions: women and the common law 11 1 ‘Their position is inferior to that of men’: differentiation, inclusion, omission 14 2 Unstable constructions: unity, disunity, property and favour in common law thought on women 34 PART II Audible and inaudible; credible and not credible: women in thelegal process 53 3 ‘By the mouth of man’: women as non-party actors in litigation 55 PART III Women’s complaints and complaints of women 79 4 Voice, agency and ‘playing the victim’ 84 5 Limits and accommodation 93 6 Responsible and irresponsible women: the female defendant 121 Conclusion: the future of women’s legal past 158

Gwen Seabourne is Professor of Legal History in the School of Law, University of Bristol, UK. She specialises in medieval legal history, and has written on medieval crime, economic regulation and medieval women.