Coverture: Control Over Gender

Paper Summary:

This paper describes how coverture delineated men's place in society from women's place in society. The paper also explains that coverture was a form of social control over gender, rather than an efficient manner in which to organize society. The paper does show, however, that although coverture was patronizing and discriminatory, women in practice were able to use the doctrine to protect themselves, and even as a tool of social empowerment or revenge against their husbands.

From the Paper:

"Coverture is the legal concept that man and wife are one, and that a woman's property becomes the property of her husband, upon their union, with some exceptions. Upon its surface, it seems to be a blatant way of controlling women as legal persons, however, it might be more apt to say that its origins in ancient times are linked to the concept that women are not adult 'persons' at all, but rather function as chattel or children. "The legal precedents for discrimination against women date back to the beginnings of Western law itself" ("Up from Coverture," Time Magazine, 1972, p.1)."

Sample of Sources Used:

• Bailey, Joanne. "Favored or Oppressed? Married women, property and 'coverture' inEngland, 1660-1800."Continuity and Change. 17 (3). 2002. 351-372. 5 Nov 2007. <http://eprints.ouls.ox.ac.uk/archive/00000860/01/Bailey_2002.pdf>
• "Coverture." The Electric Law Library. 2007. 5 Nov 2007.http://www.lectlaw.com/def/c325.ht
• Lewis, Jone Johnson. "Married Women's Property Act: 1848, New York State." About.com. 2007. 5 Nov 2007.http://womenshistory.about.com/od/marriedwomensproperty/a/property_1848ny.htm
• Lewis, Jone Johnson. "What is Coverture?" About.com. 2007. 5 Nov 2007.<http://womenshistory.about.com/od/laws/g/coverture.htm>
• "Up from Coverture." Time Magazine. 20 Mar 1972. 5 Nov 2007.<http://www.time.com/time/magazine/article/0,9171,942533,00.html>

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