Women,family, and small business in late nineteenth century Sweden

In Sweden, unmarried women and widows had a long historical tradition of involvement in the retail trades and in handicrafts. They supervised enterprises between the death of their husbands and another male heir, and poor women had the right to become hawkers or innkeepers. During the second half of the nineteenth century, the number of unmarried women increased, and the authorities wanted to open new trades in which women could earn their own living and not become an economic burden on local government. Given these new possibilities, women developed several different strategies, which can be seen in the three Swedish towns of Sundsvall, Härnösand, and Umeå when their business history of the later part of the nineteenth century is examined. Women's business involvements exhibit the older patterns of family survival, but now add motives having to do with status maintenance and emancipation.     

Widows and unmarried women as taxpayers in England before 1800

A variety of taxes levied at various dates between the 1540s and the early nineteenth century are analysed to ascertain whether the frequency with which widows and unmarried women are listed as taxpayers matches the ratio between the numbers of widows and unmarried women and the number of men in the adult population. Examination of the tax assessments indicates that the proportion of taxpayers who were women often fell well below their proportion in the general population. This applies in the case of all taxes levied between the sixteenth and early nineteenth centuries and regardless of whether a tax was assessed primarily on goods, houses occupied, or land owned or occupied. That double the proportion of female than of male householders were exempted from payment of the hearth tax on houses they occupied in the second half of the seventeenth century indicates that many women maintained households on very depleted resources. However, the proportion of taxpayers who were women amongst those paying the least tax did not usually exceed the proportion of women amongst those paying most tax.     

Widows and unmarried women as taxpayers in England before 1800

A variety of taxes levied at various dates between the 1540s and the early nineteenth century are analysed to ascertain whether the frequency with which widows and unmarried women are listed as taxpayers matches the ratio between the numbers of widows and unmarried women and the number of men in the adult population. Examination of the tax assessments indicates that the proportion of taxpayers who were women often fell well below their proportion in the general population. This applies in the case of all taxes levied between the sixteenth and early nineteenth centuries and regardless of whether a tax was assessed primarily on goods, houses occupied, or land owned or occupied. That double the proportion of female than of male householders were exempted from payment of the hearth tax on houses they occupied in the second half of the seventeenth century indicates that many women maintained households on very depleted resources. However, the proportion of taxpayers who were women amongst those paying the least tax did not usually exceed the proportion of women amongst those paying most tax.     

Hoarding,Speculation, and the Public Order of the Market in France,End of the Eighteenth Century–1914

France regulated competition through the gradual development of jurisprudence rooted in Old Regime practices of speculation and hoarding. This article aims to understand the reasons for this institutional legacy in order to determine if and how these norms could be adapted to the new phenomena of industrial concentration as they appeared at the turn of the nineteenth century. I argue that French regulation of futures trades and speculation are aimed to stabilize and enhance markets and not to limit them, and that continuities in market and capitalism regulation were much more important than usually held.     

Married Women Bankrupts in the Age of Coverture

Many married women with separate property held their property as stock-in-trade and traded independently from their husbands. However, if the business failed, a married woman trader's ability to take advantage of bankruptcy process depended on the exception to coverture according to which she held her separate property. This article is the first to examine reported bankruptcy cases involving married women in their doctrinal context and in relation to other exceptions to coverture. It analyzes the issues arising in the eighteenth century and argues that they should be understood in relation to the larger picture of married women's law, especially the law of private separation. The article also considers the oblique relationship between private separation jurisprudence and married women's bankruptcy in the nineteenth century, a relationship that was bridged by a line of cases that, on the surface, seem to be unrelated.     

Godparents,witnesses, and social class in mid-nineteenth century sweden

“Providing for the children's future” is a problem that parents should solve by the time children reach adulthood. In the case of a peasant family, the solution involved giving children part of the estate. In the Pyrénées, landownership as well as social status were bequathed to a single heir, while the other children had to leave the family house. What became of these others and where do they go? A small village from the Adour plain has been chosen to show how the system functioned during the nineteenth century, which was replete with economic crises. The study shows that roles and the duties connected with them changed during this century: internalization of local social norms was no longer going to be as successful as in the past. Also, the meaning of the family changed. Earlier, a simple domestic group working for the House, the family began to take on more autonomy as a production unit and started a long trend towards being a haven, a protector of the weak, old and unmarried members of the family.     

Houses,heirs, and non-heirs in the adour valley: Social and geographic mobility in the nineteenth-century

“Providing for the children's future” is a problem that parents should solve by the time children reach adulthood. In the case of a peasant family, the solution involved giving children part of the estate. In the Pyrénées, landownership as well as social status were bequathed to a single heir, while the other children had to leave the family house. What became of these others and where do they go? A small village from the Adour plain has been chosen to show how the system functioned during the nineteenth century, which was replete with economic crises. The study shows that roles and the duties connected with them changed during this century: internalization of local social norms was no longer going to be as successful as in the past. Also, the meaning of the family changed. Earlier, a simple domestic group working for the House, the family began to take on more autonomy as a production unit and started a long trend towards being a haven, a protector of the weak, old and unmarried members of the family.     

The demographic consequences of changing employment opportunities: Women in the Dutch Meierij in the nineteenth century

"In the nineteenth century, the demographic development of the Meierij, a region in the south-east of the Netherlands, was different from that of the rest of modernizing northern Europe. Infant mortality remained high, while it dropped elsewhere. The article shows why the current explanation for high infant mortality, which links a sustained high infant mortality to a change in feeding habits is not valid. Increased fertility due, among other reasons, to a lower marital age offers a better explanation. Changes in economic options open to unmarried women provide the clue. With fewer premarital occupational possibilities, women would have been more inclined to marry, or there would have been less pressure on them to forestall a marriage in order to profit to the full from the occupational options. More and earlier marriages meant more children were born, and also a higher infant mortality rate."     

Legal Regime and Contractual Flexibility: A Comparison of Business's Organizational Choices in France and the United States during the Era of Industrialization

We compare the law governing business organizational forms inFrance and the United States during the nineteenth century andfind that, contrary to the conventional wisdom, the contractingenvironment in the U.S. was neither freer nor more flexiblethan in France. U.S. businesses had a more limited menu of organizationalchoices and also much less ability to adapt the basic formsto meet their needs. Moreover, American law did not evolve anymore readily in response to economic change than French law.In both nations, major changes in the rules governing organizationalforms required the passage of new statutes.     

THE EVOLUTION OF LAW AND WIFE ABUSE

For over 2000 years, laws have allowed husbands to beat their wives. Until the last century, American law conformed to this tradition. This article traces the roots of American law to English and Roman law, the latter giving husbands life-and-death authority over wives. In the nineteenth century American state courts permitted husbands to beat their wives for misconduct. Pioneering women in the temperance, abolitionist, and women's rights movements first attacked the common law ofwife-beating and restrictive divorce policies. By the 1870s, wife-beating became outlawed. Earlier in the nineteenth century, legislatures had expanded the grounds for divorce, opening an avenue of escape for physically abused wives. But the law still gives limited protection to assaulted spouses, who are more often wives than husbands.     

Women's agency in Australia's first fertility transition: a debate revisited

The place of women's agency in the fertility transition of the late nineteenth/early twentieth century is a contested one. Some argue that the transition was achieved mainly through male methods of contraception. Others, including many arguing from an Australian perspective, contend that women's agency in fertility decline was significant. In this article, the authors revisit the issue of women's agency in Australia. Drawing on a range of archival sources and scholarship, they seek to demonstrate that women in Australia in the last quarter of the nineteenth century had access to contraception, albeit limited, and, where that failed, to abortion. The authors argue that the changing political and educational climate, which saw women gaining the vote in 1894 in South Australia and admission to secondary and higher education and paid work, provided the setting for women's changing status. Their increasing agency – an agency many women worked to secure – encouraged women to challenge many traditional practices.     

A reinterpretation of criminal law reform in nineteenth century England

This study challenges the traditional idealistic interpretation that the movement for reforming the criminal law in early nineteenth century England was generated by the enlightened doctrines of Jeremy Bentham. Historical evidence is presented that suggests that even without Bentham a new penal policy would have emerged. Parliament mitigated the severity of the criminal law largely in response to the business community, which demanded more swiftness and certainty in the conviction of property offenders.     

The Law: An Engine for Trade

The lecture traces the process of commercialisation in English law from its early stages to the present day. Until the mid-eighteenth century the law was in a process of integration , overcoming a judicial preoccupation with technicalities and procedures to form a body of rules which merchants could trust. From that point on the law has assumed a proactive role as an engine for trade. The nineteenth century is marked by legal facilitation , where new institutions were fashioned as a robust commercial framework for the Industrial Revolution. From the end of that century to the present day business law has served to regulate , building a sensitive framework for commercial development that balances the needs of commerce with the needs of society as a whole.     

The Principle, Politics, and Finances of Introducing Academic Merit as the Standard of Hiring for "the teaching of law as a career," 1870–1900

Compared to the practice in other professional schools and academic fields at universities, law professors are hired at a young age based primarily upon their academic merit determined through grades, class rank, and school rank. This emphasis upon narrowly defined academic merit—apart from achievement demonstrated through original scholarship or experience in professional practice—first emerged during "the professionalization of the American law professor" between 1870 and 1900 at Harvard Law School (HLS). Though normative today, this outcome was neither necessary nor uncontested. In the late nineteenth century the new standard of hiring faculty according to their academic merit was energetically opposed by those favoring the antecedent standard of professional experience and reputation. Only when financial considerations counterbalanced that traditional standard did hiring decisions tip in favor of the new principle. Not until the early 1900s, when the second generation of academic meritocrats dominated the HLS faculty, did the new hiring standard become unequivocally established as policy in the school and, by extension, in legal education.     

Working women in France,nineteenth and twentieth centuries. Where,when, and which women were in work at marriage?

We look at women's labour force participation for the whole of France in the nineteenth and twentieth centuries. We study to what extent young women were working at the time of their marriage, in which occupations, and how differences in labour force participation might be explained. Using a sample of 53,451 marriage records from the TRA project, we identify regional and temporal differences in rates of female labour force participation and in types of work in France between 1860 and 1986.We observe rather stable levels of female labour force participation between 1860 and 1950 of about 60 per cent, but higher levels in the second half of the twentieth century. Over time, women started to work across virtually all occupational sectors. Regional differences declined over time but continued to exist in the late twentieth century. We formulate a set of hypotheses to explain which women worked, taking into account their resources, as well as their expectations, in a male-breadwinner-dominated society. The results of our hierarchical logistic analysis indicate that women with fewer parental resources were more likely to work.     

Shooting Felons: Law,Practice, Official Culture,and Perceptions of Morality1

Until a change in the law in 1967 felons might be shot in order to prevent escape from lawful custody; their death counted as justifiable homicide. Shooting escaping felons came to be particularly associated with Dartmoor Prison, where outside working parties were accompanied by armed guards until the 1950s. But many years before this, administrative action had been directed towards ensuring that fatal shootings should not occur; the last such incident took place in the nineteenth century. This article traces the history of the relationship between formal law and administrative practice.     

Trials of Women for Homicide in Nineteenth-Century England

This study examines the rates of trial of women on charges of murder at five yearly intervals from 1845 to 1900. Most women in the nineteenth century were charged with murdering their new-born infants or older children, though few were convicted. Also discussed are the rates of trial for charges of "concealment of birth," a charge frequently used when a jury was reluctant to convict an accused woman of the more serious charge of murder.     

Physical stature and biological living standards of girls and young women in the Netherlands,born between 1815 and 1865

This is the first study in Dutch anthropometric historiography that describes and analyzes the development of the biological standard of living of girls and young women from the perspective of female adult stature. It is shown that adult stature of women, imprisoned in the second half of the nineteenth century and born between 1815 and 1865, slightly increased, approximately 1 cm. From 1850 onwards stature of women born in the cities notably increased. Development of female adult stature was compared to that of male stature; both were quite similar. No circumstantial evidence was found that girls or young women were on a disadvantage with respect to nutrition and (medical) care.     

Family breakdown in nineteenth-century Netherlands: divorcing couples in The Hague.

This is an analysis of divorce trends in the Netherlands in the second half of the nineteenth century. "Use was made of a case-control research design in which the social characteristics of all marriages which ended in divorce were compared with those of a random sample from the marriages which ended in widowhood. The author analyzed a group of 2,300 marriages contracted in The Hague from their inception until their dissolution by death or divorce. All migrants were followed to their new place of residence. Multivariate (proportional hazards) analysis showed that the highest probability of divorce was found among persons who had already gone through a divorce before. Other factors related to divorce were high mobility, low ages at marriage, and large age and religious differences between spouses. Higher social classes had relatively high divorce risks."