Study Guides (248,151)
Canada (121,346)
History (70)
HIST 101 (25)

hist 17.pdf

4 Pages
Unlock Document

HIST 101
Willeen Keough

Women and the Law, 19th C - Lower status in formal law - "Unity of person" or coverture -- english common law -- married woman's legal identity subsumed by husband's - Could not -- hold property -- enter into contracts -- sue or be sued. *married women had the least status. Basic rights not given to them* *single women could own property, but there was a lot of pressure for women to marry. - no legal control over own bodies - husband could -- not be charged with rape -- sue for loss of wife's sexual/domestic services -- control wife's wages -- beat wife "moderately" - abused women not to "desert" marriage *if the wife left the husband and went to live with her parents, then the husband could sue the parents for the lost of sexual services. *man and wife seen as one legally. You can't rape yourself, you can't attack yourself. -- judges would usually encourage woman to return, for the sake of the marriage. If the woman refused, she would lose all support and the children Divource - Difficult and costly - double standard -- Husband had to wife's prove adultery to divource her. -- Wife had to prove husband's adultery plus other grounds (adultery not enough) * no irreconcilable differences. - Act of Parliament required, no divource courts - Custody of children usually to husband. Quebec Civil Code - community of property - wife's consent needed to sell property - Husband to support wife and children - separated women controlled their own property * wife could take husband to court if it could be proven that the husband didn't care for the children and the wife * mostly for women who brought property into the marriage - but deserted working class wives had no property - Infanticide: death sentence - concealment: death sentence, changed to imprisonment - severe penalties rarely enforced: many women desperate, many Working Class, faced disgrace, unemployment. * ultimately brought in lower sentences for concealment, 2 years imprisonment Abortion - Banned in 19th C - Penalties: -- before "quickening": imprisonment -- after "quickening: death - Criminal: abortionist, not mother except in NS and NB: both charged. Rape - Penalty: death - Prison more lik
More Less

Related notes for HIST 101

Log In


Join OneClass

Access over 10 million pages of study
documents for 1.3 million courses.

Sign up

Join to view


By registering, I agree to the Terms and Privacy Policies
Already have an account?
Just a few more details

So we can recommend you notes for your school.

Reset Password

Please enter below the email address you registered with and we will send you a link to reset your password.

Add your courses

Get notes from the top students in your class.