Women, Money, and the Law
Nineteenth-Century Fiction, Gender, and the Courts
Publication Year: 2005
Published by: University of Iowa Press
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Particularly important to the writing of this book were the many libraries I worked in and the librarians with whom I worked. Among the libraries whose collections were essential to my research were the Sophia Smith Collection at Smith College, the Houghton Library at Harvard University, the Rutgers...
Introduction: Fracturing Gender
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In Charlotte Perkins Gilman’s short story “If I Were a Man” (1914), the female protagonist is magically turned into her husband. As she walks to work, she puts her hands in her pockets and feels money. Gilman writes: “All at once, with a deep rushing sense of power and pride, she felt what she had never felt before...
Chapter One: Marriage and Money: Trust v. Trust
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On November 24, 1856, Mary F. (Grew) Trust left her husband’s house at14 Greene Street in New York City after seventeen years of marriage and six children.1 One week after she left, on December 1, 1856, her husband,Joseph W. Trust, a wealthy New York businessman, brought suit for divorce on the grounds of adultery, which she denied and countered with...
Chapter Two: The Dominant Discourse: Compulsory Dependency
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The case of Trust v. Trust, then, provides an illustration of how one beleaguered woman reacted to the circumstances of American society in themiddle of the nineteenth century. The succeeding chapters examine fiction by women writers and the records of women involved in other court cases, women who, in their actions and/or in their words, in vary-...
Chapter Three: Economics and the American Renaissance Woman: Warner, Southworth, Stowe, Cummins, & Fern
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Although the majority of women writers did not advocate woman’s economic independence, economics was a major factor in almost all of their works. This chapter looks at some of the most well known novels of the nineteenth century. Like F. O. Matthiessen in his influential 1941 study of nineteenth-century American...
Chapter Four: The Woman Plaintiff
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If the works of these five American Renaissance women writers provide an indication of the nature of economic concerns among nineteenth century women writers, the court cases that I looked at make clear that those concerns were not confined to public women. In spite of proscriptions against women’s...
Chapter Five: The Economics of Race: Harper, Wilson, Crafts, & Jacobs
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If African American slave women were “property,” how were free African American women affected by economics? In certain respects, it was less problematic for free African American women to assert their financial independence in the nineteenth century than it was for white women because black women were...
Chapter Six: The Woman Defendant
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In the court cases dealt with in chapter 4, the women litigants were plaintiffs. However, in the court cases involving women litigants, not counting divorce cases, 49 percent involved a woman as one of the defendants. In most cases when the defendant was female, the plaintiff was male, but occasionally both...
Chapter Seven: Economics and the Law in Fiction: Fern, Tyler, Oakes Smith, Chesebro’, Phelps, Stoddard, Child, Davis, Ruiz de Burton, & Winnemucca Hopkins
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Although nineteenth-century American women were proscribed from active involvement in the law in an official capacity—they could not practice as lawyers, obtain judgeships, or serve on juries—nevertheless, as the court cases in this study indicate, many women were involved in legal matters....
Chapter Eight: The Economics of Divorce
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At a time when women were expected to be ignorant of money matters,divorce was to many women the catalyst that dramatized or called attention to the importance of economics in their lives. In the cases that I read from the New York Supreme Court from 1845 to 1875, 23 percent of the cases involving women were divorce cases. In the large majority of...
Chapter Nine: Woman's Economic Independence: Fern, Alcott, & Gilman
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Although all of the nineteenth-century women writers in this study recognized and dealt with in their works the significance of economics for women, only a small proportion of those writers publicly advocated woman’s economic independence. In this chapter I will look at the arguments of three authors who emphasized financial independence for...
Epilogue: Into the Twenty-First Century
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In their recognition of the necessity of economic independence for women, Fern, Alcott, and Gilman, along with African American writers like Harper and Jacobs, took a stand on an issue that was counter to the many of the women in the court cases in this study lived independently,coping with the legal and economic restraints of their culture while mak-...
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Page Count: 384
Publication Year: 2005