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On the Question of Court Activism and Economic Interests in Nineteenth-Century Married Women’s Property Law

In: Law and Social Economics

Author

Listed:
  • Daniel MacDonald

Abstract

In the early years of the American republic, most married women did not enjoy any rights over their property or earnings. According to the common law, a married woman was a femme covert or “covered woman,” meaning that when she married she was placed under the “protective wing” of her husband and had no independent legal status. Furthermore, any contract that a married woman entered into was considered void precisely because she was under “coverture,” carrying no independent agency status; if she wanted to enter into an apprenticeship or convey property, she needed the permission of her husband.

Suggested Citation

  • Daniel MacDonald, 2015. "On the Question of Court Activism and Economic Interests in Nineteenth-Century Married Women’s Property Law," Perspectives from Social Economics, in: Mark D. White (ed.), Law and Social Economics, chapter 0, pages 139-160, Palgrave Macmillan.
    • Handle: RePEc:pal:pfschp:978-1-137-44376-2_8
    DOI: 10.1057/9781137443762_8
    as

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