Women and the Law of Property in Early America

Using the contemporary workings of property law in India through the lives and thoughts of middle-class and poor women, this is a study of the ways in which cultural practices, and particularly notions of gender ideology, guide the workings of law. It urges a close reading of decisions by women that appear to be contrary to material interests and that reinforce patriarchal ideologies. Hailed as a radical moment for gender equality, the Hindu Succession Act was passed in India in 1956 theoretically giving Hindu women the right to equal inheritance of their parents’ self-acquired property. However, in the years since the act’s existence, its provisions have scarcely been utilized. Using interview data drawn from middle-class and poor neighborhoods in Delhi, this book explores the complexity of women’s decisions with regard to family property in this context. The book shows that it is not passivity, ignorance of the law, naiveté about wealth, or unthinking adherence to gender prescriptions that guides women’s decisions, but rather an intricate negotiation of kinship and an optimization of socioeconomic and emotional needs. An examination of recent legal cases also reveals that the formal legal realm can be hospitable to women’s rights-based claims, but judgments are still coded in terms of customary provisions despite legal criteria to the contrary.

This book examines property legislation and the actual position of women in receiving, holding and passing on family property as daughters, wives and as widows throughout history. Traditionally the prevailing view has been that women have been disadvantaged in the distribution of property and therefore less interesting as objects of study. This volume challenges this view and explores the securing of property for families or for individuals through transfers in the shape of dowries, marriage contracts, wills and other arrangements, as well as how women used and distributed the property they were holding.The scope of the volume is both urban and rural, analysing the position of women in relation to family property through contributions from a wide geographic area. The chapters investigate the situation in southern and northern Europe, across the Atlantic and Africa throughout the 18th to the 20th century. This volume will be of value to academics, undergraduates, postgraduates and scholars interested in gender and history and social history.

Quotas for women in government have swept the globe. Yet we know little about their capacity to upend entrenched social, political, and economic hierarchies. Women, Power, and Property explores this question within the context of India, the world's largest democracy. Brulé employs a research design that maximizes causal inference alongside extensive field research to explain the relationship between political representation, backlash, and economic empowerment. Her findings show that women in government – gatekeepers – catalyze access to fundamental economic rights to property. Women in politics have the power to support constituent rights at critical junctures, such as marriage negotiations, when they can strike integrative solutions to intrahousehold bargaining. Yet there is a paradox: quotas are essential for enforcement of rights, but they generate backlash against women who gain rights without bargaining leverage. In this groundbreaking study, Brulé shows how well-designed quotas can operate as a crucial tool to foster equality and benefit the women they are meant to empower.

Drawing on newly available archival case records, this book demonstrates that Chinese women's rights to property changed substantially from the Song through the Qing dynasties, and even more dramatically under the Republican Civil Code of 1929-30.

Until now our understanding of marriage in China has been based primarily on observations made during the twentieth century. The research of ten eminent scholars presented here provides a new vision of marriage in Chinese history, exploring the complex interplay between marriage and the social, political, economic, and gender inequalities that have so characterized Chinese society.

Arguing that property and power are central to understanding the position of women in farming and using comparative examples, this book considers the transfer of land between men, the changed role of women in the dairy industry in the nineteenth century, women in farming organisations, women in agricultural education programmes, and the role of the state in shaping the lives of farm women. The common themes of power and property underpin all the chapters.