Women in the Medieval Common Law c.1200-1500

This book explores the view of women held by medieval common lawyers and legislators and examines their treatment by and participation in the processes of the common law. It argues for a closer consideration of women within classical legal history and re-examines the relationship between women and the common law.

Format: Paperback / softback
Length: 176 pages
Publication date: 09 January 2023
Publisher: Taylor & Francis Ltd

This comprehensive book delves into the prevailing perspectives held by medieval common lawyers and legislators regarding women and explores the intricate treatment and involvement of women in the processes of the common law. Spanning a wide spectrum of intersections between women and the legal system,from their apparent presence (or absence) in statutes to their active participation (or non-involvement) as witnesses,to their status as complainants or defendants,the book advocates for a more inclusive and nuanced understanding of women within the traditional narratives of classical legal history. It also prompts a re-evaluation of certain prevailing conclusions regarding the relationship between women and the common law. This scholarly work will captivate scholars and students of medieval history, as well as those with interests in legal history, gender studies, and the history of women.

Introduction:
In the historical context of the Middle Ages, women's roles and status were significantly shaped by the prevailing societal norms and legal frameworks. The legal system, in particular, played a pivotal role in governing the lives of women and their interactions with society. This book aims to examine the view of women held by medieval common lawyers and legislators and to explore the treatment and participation of women in the processes of the common law.
Women's Appearance in Statutes:
One of the key areas of inquiry is the representation of women in statutes. During the medieval period, laws and regulations were often written without explicit reference to gender, leading to the marginalization and exclusion of women from legal processes. However, there were instances where women were specifically mentioned in statutes, either as beneficiaries or as subjects of legal action. These instances provide valuable insights into the evolving attitudes towards women and their legal status.
Women's Participation as Witnesses:
Another important aspect to consider is women's participation as witnesses in legal proceedings. Despite the societal barriers and restrictions that often hindered women's access to legal arenas, there were instances where women were called upon to testify as witnesses. Their testimony could have significant implications for the outcome of cases, particularly in matters related to family law, property disputes, and criminal offenses.
Women's Treatment as Complainants or Defendants:
The treatment of women as complainants or defendants is another critical area of study. Women were often subjected to discrimination and marginalization in the legal system, particularly in cases involving property ownership, inheritance, and domestic violence. Their legal status and rights were often subordinate to that of men, and they faced numerous challenges in seeking justice and protection.
Re-examining the Relationship between Women and the Common Law:
The book argues for a re-examination of the traditional narratives of classical legal history and a closer consideration of women within these narratives. It challenges the notion that women were solely passive recipients of legal norms and suggests that they actively engaged with the common law and contributed to its development. By exploring the various points of contact between women and the common law, the book aims to shed light on the complex and multifaceted relationship between women and the legal system.
Conclusion:
In conclusion, this book provides a valuable contribution to the study of medieval history, legal history, gender studies, and the history of women. It sheds light on the prevailing perspectives held by medieval common lawyers and legislators regarding women and explores the intricate treatment and involvement of women in the processes of the common law. By advocating for a more inclusive and nuanced understanding of women within the traditional narratives of classical legal history, the book encourages scholars and students to re-evaluate the relationship between women and the legal system. This work will appeal to a wide range of readers interested in these fields.

Weight: 353g
Dimension: 234 x 156 (mm)
ISBN-13: 9780367745226