ABSTRACT

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.

chapter |10 pages

Introduction

Women, the common law and the legal historians

part I|41 pages

Unions and divisions

chapter 1|20 pages

‘Their position is inferior to that of men’7

Differentiation, inclusion, omission

chapter 2|18 pages

Unstable constructions

Unity, disunity, property and favour in common law thought on women

part II|26 pages

Audible and inaudible; credible and not credible

chapter 3|24 pages

‘By the mouth of man’

Women as non-party actors in litigation

part III|79 pages

Women’s complaints and complaints of women

chapter 5|28 pages

Limits and accommodation

chapter 6|37 pages

Responsible and irresponsible women

The female defendant

chapter |3 pages

Conclusion

The future of women’s legal past