1.

Record Nr.

UNINA9910818883103321

Autore

Kelleher Marie A

Titolo

The measure of woman : law and female identity in the crown of Aragon / / Marie A. Kelleher

Pubbl/distr/stampa

Philadelphia, : University of Pennsylvania Press, c2010

ISBN

1-283-89787-3

0-8122-0534-0

Edizione

[1st ed.]

Descrizione fisica

1 online resource (227 p.)

Collana

Middle ages series

Disciplina

346.4601/34

Soggetti

Women - Legal status, laws, etc - Spain - History

Lingua di pubblicazione

Inglese

Formato

Materiale a stampa

Livello bibliografico

Monografia

Note generali

Bibliographic Level Mode of Issuance: Monograph

Nota di bibliografia

Includes bibliographical references and index.

Nota di contenuto

Front matter -- Contents -- A Note on Names -- Introduction. Legal Texts and Gendered Contexts -- Chapter 1. Drawing Boundaries: Women in the Legal Landscape in the Age of Jaume II -- Chapter 2. The Power to Hold: Women and Property -- Chapter 3. Crimes of Passion: Sexual Transgression and the Legal Taxonomy of Women -- Chapter 4. Gender and Violence -- Conclusions -- Abbreviations -- Bibliography -- Index -- Acknowledgments

Sommario/riassunto

By the end of the Middle Ages, the ius commune-the combination of canon and Roman law-had formed the basis for all law in continental Europe, along with its patriarchal system of categorizing women. Throughout medieval Europe, women regularly found themselves in court, suing or being sued, defending themselves against criminal accusations, or prosecuting others for crimes committed against them or their families. Yet choosing to litigate entailed accepting the conceptual vocabulary of the learned law, thereby reinforcing the very legal and social notions that often subordinated them. In The Measure of Woman Marie A. Kelleher explores the complex relationship between women and legal culture in Spain's Crown of Aragon during the late medieval period. Aragonese courts measured women according to three factors: their status in relation to men, their relative sexual respectability, and their conformity to ideas about the female sex as a whole. Yet in spite of this situation, Kelleher argues, women were able to play a crucial role in shaping their own legal identities while working



within the parameters of the written law. The Measure of Woman reveals that women were not passive recipients-or even victims-of the legal system. Rather, medieval women actively used the conceptual vocabulary of the law, engaging with patriarchal legal assumptions as part of their litigation strategies. In the process, they played an important role in the formation of a gendered legal culture that would shape the lives of women throughout Western Europe and beyond for centuries to come.