Book contents
- Frontmatter
- Contents
- Figures and Tables
- Contributors
- Introduction: Uncovering Married Women
- 1 Inheritance, Property and Marriage in Medieval Norway
- 2 Spousal Disputes, the Marital Property System, and the Law in Later Medieval Sweden
- 3 When Two Worlds Collide: Marriage and the Law in Medieval Ireland
- 4 Married Women, Crime and the Courts in Late Medieval Wales
- 5 Peasant Women, Agency and Status in Mid-Thirteenth- to Late Fourteenth-Century England: Some Reconsiderations
- 6 London's Married Women, Debt Litigation and Coverture in the Court of Common Pleas
- 7 Married Women, Contracts and Coverture in Late Medieval England
- 8 Property, Family and Partnership: Married Women and Legal Capability in Late Medieval Ghent
- 9 ‘For His Interest’? Women, Debt and Coverture in Early Modern Scotland
- 10 The Worth of Married Women in the English Church Courts, c.1550–1730
- 11 Married Women, Work and the Law: Evidence from Early Modern Germany
- Index
11 - Married Women, Work and the Law: Evidence from Early Modern Germany
Published online by Cambridge University Press: 05 July 2013
- Frontmatter
- Contents
- Figures and Tables
- Contributors
- Introduction: Uncovering Married Women
- 1 Inheritance, Property and Marriage in Medieval Norway
- 2 Spousal Disputes, the Marital Property System, and the Law in Later Medieval Sweden
- 3 When Two Worlds Collide: Marriage and the Law in Medieval Ireland
- 4 Married Women, Crime and the Courts in Late Medieval Wales
- 5 Peasant Women, Agency and Status in Mid-Thirteenth- to Late Fourteenth-Century England: Some Reconsiderations
- 6 London's Married Women, Debt Litigation and Coverture in the Court of Common Pleas
- 7 Married Women, Contracts and Coverture in Late Medieval England
- 8 Property, Family and Partnership: Married Women and Legal Capability in Late Medieval Ghent
- 9 ‘For His Interest’? Women, Debt and Coverture in Early Modern Scotland
- 10 The Worth of Married Women in the English Church Courts, c.1550–1730
- 11 Married Women, Work and the Law: Evidence from Early Modern Germany
- Index
Summary
Married women in early modern Germany were affected by the law in a wide variety of ways - so many, in fact, that a single essay cannot hope to cover them all. The special character of women's legal position in each German polity forces us, in fact, to pause and ask ourselves what we mean by concepts we have largely taken for granted - ‘the law’ itself and how it assigned different rights to people according to sex and marital status. In pre-Napoleonic Germany, this question is of immediately striking relevance. For one thing, the Holy Roman Empire of the German Nation contained a large number of sovereign territorial units - almost 2,500 when one includes the sovereign estate of Imperial Knights, and 384 even when these are excluded. Moreover, these territories were widely heterogeneous on almost every conceivable axis of comparison including their legal systems. Furthermore, in German-speaking central Europe both the law itself and its concrete implementation in daily life were affected by the co-existence of various levels of authority in each society - empire, prince, community, guild, church - so the nature of the ‘composite state’ of the Empire raises questions about the legal system, which are not easy to fit into the framework which historians have devised for other early modern European societies with a closer resemblance to modern nation-states. Germany is thus a good context for reflection on what we might mean by the effect of the law on the lives of married women, because it undermines so many of the ideas we have come to take for granted about what the law is, where it comes from, and how it functions.
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- Chapter
- Information
- Married Women and the Law in Premodern Northwest Europe , pp. 213 - 240Publisher: Boydell & BrewerPrint publication year: 2013