29 septembre 2022
According to the Widespread Legal Doctrine Known as Coverture
Posted by under: Non classé .
Marissa: In court, the three men were acquitted for lack of evidence, but Mary Aubry was not so lucky. The summary of her sentence reads: « The verdict against Mary Aubry was: that she was to be transported from there to where she came from, and from there to the place of execution, and burned there with fire until she was dead. » As far as we know, Mary was burned alive that day, while the men who helped her returned home freely. Women are therefore legally vulnerable to mistrust, false convictions and brutal executions when crimes are committed against their husbands. Sarah: The undercovers were also incredibly vulnerable to abuse by their spouses. Marital rape, a concept that is unfortunately still being discussed today, could not be prosecuted. Sexual violence in marriage was completely legal. Husbands were encouraged to apply « lawful and reasonable corrections, » meaning they were beaten to an « appropriate » degree. In 1782, an English judge adopted the common law idea of the « rule of thumb » in civil law. The rule of thumb allowed English men to beat their wives with tools no wider than an inch. The rule also prohibited men from beating their wives until blood was drawn, but protected all other forms of corporal punishment inflicted by husbands on their spouses.
Women could sue for injunctions against husbands known to be too cruel, but she was unable to punish him in any way for his bodily harm once that actually happened. According to Chernock, « coverture,. [a 1777] Author. Driven to the conclusion, the product of a foreign Norman invasion in the eleventh century was not, as Blackstone intended, a proven « English » legal practice. It was therefore a reading of British history that gave the idea of the « Norman yoke » a resolutely feminist twist. [14] Still according to Chernock, « the Saxons,. [Calidore] boasted of encouraging women to « keep property separate. » a clear blow against the cover. [15] [a] [b] [c] Chernock asserts that « as historical accounts of women`s laws had shown, concealment was a policy that was not only alien in its origins, but also adapted to certain now distant historical conditions. » [16] Coverture may not have existed in the « Anglo-Saxon Constitution ». [16] Marissa: Although the same-sex bonds created in the delivery room and on the streets of the city were largely intended only for married women, homosexual bonds were also common among unmarried women.
Feme-Soles, which enjoyed all the legal advantages denied to married women, tended to stay together out of necessity. Single women often had to live together to avoid insolvency. Widowhood was a way to achieve this position, never marrying was also common in practice (although all women are theoretically destined for marriage). The doctrine of covertur was adopted in British heraldry, in which there were established traditional methods of showing the coat of arms of a single woman, the coat of arms of a widow, or the combined coat of arms of a couple together, but no accepted method of showing the coat of arms of a woman married separately as an individual. [64] Sarah: After months, Williamson came up with a different plan. He approached Alice`s mother and pretended to be her new husband. He said he and Alice wanted to sell the land in their possession. Alice`s mother smelled something fishy (right, duh?), so she filed the title deeds with the Mayor of Norwich to keep them in a safe place and released Alice from prison. After the ordeal, Williamson decided to confiscate Alice`s land under the pretext of a legal marriage. Alice hired a smart lawyer to coach her in marriage law, so she had the « marriage » annulled by the church and asked the court to stop Williamson`s actions. Her petition argued that if they had been married (as evidenced by their annulment), she would not have been able to give land to Williamson because husband and wife are « all one person in the law, » so « a woman is not allowed to give her husband land or property during the coverture. » (adsbygoogle = window.adsbygoogle || []).push({}); ]]> Marissa: Basically, Alice became particularly vulnerable to the concept of coverture because it made her a commodity. The men attacked themselves when they tried to form a legal association with her so that they could appropriate not only her, but also her lands.
But in court, Alice, who is obviously a badass and awakened woman, used the second interpretation of the veil (that husband and wife are a legal entity) to destroy Williamson`s claim to her land (which was ALSO based on the doctrine of the veil). Are we already confused? Sarah: Under the doctrine of concealment, a woman`s legal and commercial identity was subsumed under that of her husband. He was the main person in the relationship and she was the subordinate.
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