From Mrs. Burns To Mrs. Oxley: Do Co-habiting Women (Still) Need Marriage Law?

Following the U.K. Labour government commitment to marriage in the 1998 Green Paper ‘Supporting Families’, Barlow and Duncan produced a robust critique calling for ‘realism’ in recognising that many couples are now choosing not to marry, that too many do not make informed decisions as to whether to marry or not and that, on the basis of their survey, over 40% of respondents believed that some form of family law protection would be available to them, despite their lack of marital status. When added to a concern that economically vulnerable cohabiting women do not receive adequate protection in property law, it seemed all too obvious that the government commitment to marriage should be challenged. In fact, government policy does seem to have shifted somewhat when, partly as a tactical manoeuvre to help the passage of the Civil Partnership Act 2004 and specifically recognising concerns with the needs of economically vulnerable parties, the issue was referred to the Law Commission for England and Wales. This places the ‘realism’ arguments firmly within the reform agenda. However, this article argues that there is a need to look more closely at the arguments used by the ‘realists’, in particular at the evocation of the figure of Mrs. Burns. The more contemporary case of Oxley v. Hiscock is used to both raise questions about the socio-economic profiles of cohabitants, as well to question the presentation of property law as failing women (and family law as offering the protection they need). I argue that feminists should take a cautious approach in relation to the seemingly compelling argument that cohabitants will benefit from the extension of aspects of marriage law to cover property issues at the end of a relationship.     

Shock to Thought: An Encounter (of a Third Kind) with Legal Feminism

This paper takes a recently published text and, in examining it closely, argues that it exemplifies trends within feminist scholarship in law, which might be characterised asestablishing a form of orthodoxy. The paper explores some of the ways in which thiso rthodoxy is constructed and presented, and argues that it is characterised by a commitment both to `grand theory' and Hegelian dialectics. The adoption of this model of work seems to offer a chance to hold together the triangular figure of women/theory/law reform. The paper will argue that, whilst this model is clearly a valid choice, and attractive to feminist scholars in the promise it seems to hold, the model is not to be presumed but rather should be examined and considered in terms of its potential for feminist scholarship. Both within its own terms, and as part of the construction of an orthodoxy, the paper will argue that it is in fact problematic and that feminist scholarship would be better served by seeking an alternative theoretical model. An alternative is suggested, using the work of Deleuze, but it is acknowledged that this will require the acceptance of a very different theoretical configuration from that suggested by the triangular model of women/theory/lawreform.     

Book reviews

The following books are reviewed.

Kateryn parr: the making of a queen, SUSAN E. JAMES, 1999 Aldershot: Ashgate. 480 pp., ISBN 1 84014 683 4, £47.50

Mary Queen of Scots: romance and nation JAYNE ELIZABETH LEWIS, 1998 London: Routledge. 260 pp., ISBN 0 415 11480 2, hardback, £45; ISBN 0 415 11481 0, paperback, £15.99

Exile: a memoir of 1939 BRONKA SCHNEIDER, 1998 (Erika Bourguignon & Barbara Hill Rigney, Eds) Columbus: Ohio State University Press. xxi + 132 pp., ISBN 0 8142 0808 8

Speeches and Trials of the Militant Suffragettes: the Women's Social and Political Union, 1903-18 CHERYL R. JORGENSEN-EARP, 1999 Cranbury, NJ: Associated University Presses. 400 pp., ISBN 0 8386 3788 4, hardback, £38.00

Women in Britain since 1900 SUE BRULEY, 1999 Basingstoke: Macmillan. vii + 227 pp., ISBN 0 333 61838 6

Working Out Gender: perspectives from labour history MARGARET WALSH (Ed.), 1999 Aldershot: Ashgate. xi + 235 pp., ISBN 0 7546 0058 0

The Contest for Social Science: relations and representations of gender and class EILEEN YEO, 1996 London: Rivers Oram Press. xx + 396 pp., ISBN 1 85489 068 9, £30

Girls and Women, Men and Boys: gender in Taradale, 1886-1930 CAROLINE DALEY, 1999 Auckland: Auckland University Press, viii + 216 pp., ISBN 1 86940 211 1, NZ$39.95

Politics and Society: the Journals of Lady Knightley of Fawsley, 1885-1913 PETER GORDON (Ed.), 1999 Northampton: Northamptonshire Record Society. x + 535 pp., ISBN 0 901275 61 1, hardback, £20

Reading Witchcraft: stories of early English witches MARION GIBSON, 1999 London: Routledge. 242 pp., ISBN 0 415 20646 4, £14.99

Music and Gender PIRKKO MOISALA & BEVERLEY DIAMOND (Eds), 2000 Urbana: University of Illinois Press. xiii + 376 pp., ISBN 0 252 06865 3, $24.95

Parrot Pie for Breakfast: an anthology of women pioneers JANE ROBINSON, 1999 Oxford: Oxford University Press. xiv +177 pp., ISBN 0 19 288020 9, paperback, £8.99

Gender and Power in Britain, 1640-1990 SUSAN KINGSLEY KENT, 1999 London: Routledge. xii + 364 pp., ISBN 0 415 14742 5, £14.99

The Diary of Elizabeth Richards 1798-1825: from the Wexford Rebellion to family life in The Netherlands MARIE DE JONG-IJSSELSTEIN (Ed., with an Introduction by Kevin Whelan), 1999 Hilversum: Verloren. 171 pp., ISBN 90 6550 169 X, Fl. 35.26/Euro 16.00

Lady Mary Wortley Montagu: comet of the Enlightenment ISOBEL GRUNDY, 1999 Oxford: Oxford University Press. xxiii + 680 pp., ISBN 1 19 811280 0, £30

Defining the Victorian Nation: class, race, gender and the Reform Act of 1867 CATHERINE HALL, KEITH MCCLELLAND & JANE RENDALL, 2000 Cambridge: Cambridge University Press. xiii + 303 pp., ISBN 0 521 57653 9     

‘The Message Is in the Book’: What Virago's Sale in 1995 Means for Feminist Publishing

This article examines the UK publisher Virago, the world's largest women's imprint and the best known of the second-wave feminist publishing houses that sprang up during the 1970s and 1980s. Feminist publishing remains a peculiarly unacknowledged and underexamined aspect of feminist history, but one that had real influence and effect. This article gives a historical account of Virago, noting its intention to enact feminist politicking through the act of publishing books. The author looks at the effect Virago had on the industry more widely, on literary culture and on attitudes to women. The author also examines changing formulations of feminism and how these were reflected—or not—through Virago's published output. The author then moves on to her central proposition: that Virago's sale in 1995, rather than marking the death of feminist publishing (as was stated in media comment at the time), was in fact the point at which it was saved. Virago's move into Little, Brown, coinciding with the rise of an increasingly commodified consumer culture, the conglomeration of the book industry and more pluralized expressions of feminism, allowed it to continue to work as a publisher of women's writing while none of its contemporaries survived. The author looks in detail at the changes post-1995 within the book industry, within feminism and in wider culture, as well as at Virago. The author asks whether Virago still has value as a ‘feminist’ imprint and how it has sought to remain vital and relevant.     

Gender,Religion and an Immigrant Minority: Jewish women and the suffrage movement in Britain c.1900–1920

Middle- and upper-class Jewish women enjoyed less equality within their faith communities than Christian counterparts. They were represented in every strand of the suffrage movement, and in 1912 formed the Jewish League for Woman Suffrage (JLWS), modelled on similar Christian leagues. A study of the origins of the JLWS, and its relations with parallel organisations, shows religious difference to have been no barrier, and even conducive to, cross-denominational collaboration. The JLWS confounded (largely male) communal expectations that it would not influence London's East End, and would exacerbate prejudice against Jews. Post-1918, Jewish women were denied the level of equality within their faith congregations achieved by their Christian peers.     

Faith,Fetes and Domesticity in Australia

To feminists in the 1970s the fete symbolised women’s marginalisation in church and society but in the nineteenth century its respectability was far from assured. This article uses the shifting history of the fete and other forms of women’s fund‐raising over the years between the 1880s and the 1970s to examine changes in ‘ordinary’ women’s subjective and practical experiences of domesticity. It shows how women used the fete to carve out a place for themselves on the borders of the public and private spheres and, in the process, ‘created and sustained communities’; how churchmen overcame their reluctance to allowing women into the public gaze because of the church’s financial need and how, as women came to envision a greater role for themselves in the church from the early twentieth century, a strand of resistance to being ‘used’ as fund‐raisers emerged. The history of women’s fund‐raising for the church offers insights into the under‐researched area of women and domesticity.     

‘You do manage it so well that I cannot do better’: the working life of Elizabeth Jeake of Rye (1667–1736)

This article contributes to the debate around early modern women’s work. It concerns not waged labour but rather the unpaid contributions made by women to both home and the business undertaken by their husband. It focuses on Elizabeth Jeake, the wife of Samuel Jeake, a merchant from the Sussex port of Rye. Through the letters exchanged between the family, it explores Elizabeth’s skilled work in support of her husband. This included giving instructions to contractors, gathering and disseminating business and investment information, negotiations with Samuel’s business partners and acquaintances, managing property and tenants, negotiating credit relationships and purchasing and selling commodities.