Timeline of women's legal rights (other than voting) before the 19th century

Last updated

Timeline of women's legal rights (other than voting) represents formal changes and reforms regarding women's rights. That includes actual law reforms as well as other formal changes, such as reforms through new interpretations of laws by precedents. The right to vote is exempted from the timeline: for that right, see Timeline of women's suffrage . The timeline excludes ideological changes and events within feminism and antifeminism: for that, see Timeline of feminism .

Contents

Timeline

Pre history

24th century BC
About 2100–2050 BC
About 1870 BC
About 1754 BC
About 1650 – 1500 BC
About 1075 BC
10th–6th century BC

Antiquity

7th century BC

A free-born woman may not be accompanied by more than one female slave, unless she is drunk; she may not leave the city during the night, unless she is planning to commit adultery; she may not wear gold jewelry or a garment with a purple border, unless she is a courtesan. [11]

5th century BC
451 BC
Rome: The Roman Twelve Tables has three sections that pertain to women and concern estates and guardianship, ownership and possession, and religion, which give a basic understanding as to the legal rights of women.

One of the aspects highlighted in the Twelve Tables is a woman's legal status and standing in society. Women were considered to be a form of guardianship similar to that of minors, [14] and sections on ownership and possession give off the impression that women were considered to be akin to a piece of real estate or property due to the use of terms such as "ownership" and "possession". [14]

215 BC
About 200 BC
195 BC
42 BC
18 BC

Middle ages

5th to 8th century
Circa 500
Circa 524
Circa 570
581–1911
1290-1292
1317
1325 - 1827
1328
1426-1430
1474

Early modern era

1536-1564
1540
1570
End of 16th century
1600s
1629
1641
1662
1664
Late 1600s
1683
1687

18th-century

1700
1712
1713
1714
1718
1720
1722
1723
1734
1741
1749
1753
1758
1765
1771
1772
1776
1778
1779
1784
1791
1792
1793
1795
1797
1798

See also

Related Research Articles

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References

    1. "The Reforms of Urukagina". History-world.org. Archived from the original on December 10, 2005. Retrieved 2009-02-17.{{cite web}}: CS1 maint: unfit URL (link)
    2. Katherine I. Wright, Archaeology and Women, 2007, p. 206.
    3. The Powers p. 40 by Walter Wink, 1992
    4. Marilyn French, From Eve to Dawn: A History of Women, 2008, p. 100.
    5. Roth, Martha. Law Collections from Mesopotamia and Asia Minor, pp. 13–22.
    6. "8 Things You May Not Know About Hammurabi's Code". HISTORY.com. Retrieved 2017-09-07.
    7. 1 2 "The Code of Hammurabi". Internet Sacred Text Archive. Evinity Publishing INC. 2011. Retrieved November 17, 2013.
    8. From the Ancient History Sourcebook, The Code of the Nesilim, c. 1650 – 1500 BCE, Paul Halsall, August 1998, from: Oliver J. Thatcher, ed., The Library of Original Sources (Milwaukee: University Research Extension Co., 1901), Vol. III: The Roman World, pp. 9–11 and scanned by: J. S. Arkenberg, Dept. of History, Cal. State Fullerton. Prof. Arkenberg has modernized the text.
    9. "halsall/ancient/asbook". fordham.edu. Retrieved 2015-04-21.
    10. "Internet History Sourcebooks". Sourcebooks.fordham.edu. Retrieved 2018-08-25.
    11. "Diodorus Siculus, Library 12.21", Demosthenes Against Timocrates 139–43
    12. R. F. Willetts, The Law Code of Gortyn, 1967.
    13. 1 2 3 Ronald., Mellor (2013-01-01). The historians of ancient Rome : an anthology of the major writings. Routledge. ISBN   9780415527163. OCLC   819515201.
    14. 1 2 Hurri, Samuli (November 2005). "THE TWELVE TABLES" (PDF). NoFo. 1: 13–23.
    15. Johnston, Patricia A. "Poenulus 1, 2 and Roman Women." Transactions of the American Philological Association 110 (1980): 143–159. JSTOR.
    16. 1 2 3 Flavia Agnes (2001), Law and Gender Inequality: The Politics of Women's Rights in India, Oxford University Press, ISBN   978-0195655247, pages 41–45
    17. Robert Lingat (1973), The Classical Law of India, University of California Press, ISBN   978-0520018983, page 84
    18. Patrick Olivelle (2005), Manu's Code of Law, Oxford University Press, ISBN   978-0195171464, pages 190–207, 746–809
    19. Patrick Olivelle (2005), Manu's Code of Law, Oxford University Press, ISBN   978-0195171464, pages 31–32, 108–123, 138–147
    20. Patrick Olivelle (2005), Manu's Code of Law, Oxford University Press, ISBN   978-0195171464, pages 98, 146–147
    21. Patrick Olivelle (2005), Manu's Code of Law, Oxford University Press, ISBN   978-0195171464, page 111
    22. Sanskrit: यत्र नार्यस्तु पूज्यन्ते रमन्ते तत्र देवताः । यत्रैतास्तु न पूज्यन्ते सर्वास्तत्राफलाः क्रियाः
      The Laws of Manu 3.55–3.56 George Bühler (Translator), The Sacred Books of the East, Vol. 25, Oxford University Press, page 85
    23. Patrick Olivelle (2005), Manu's Code of Law, Oxford University Press, ISBN   978-0195171464, page 146
    24. Patrick Olivelle (2005), Manu's Code of Law, Oxford University Press, ISBN   978-0195171464, pages 31–32, 194–207, 755–809
    25. Robert Lingat (1973), The Classical Law of India, University of California Press, ISBN   978-0520018983, pages 83–84
    26. Patrick Olivelle (2005), Manu's Code of Law, Oxford University Press, ISBN   978-0195171464, pages 182–193, 659–706
    27. Patrick Olivelle (2005), Manu's Code of Law, Oxford University Press, ISBN   978-0195171464, pages 200–201, 746–809
    28. Abdullahi Ahmed An-Na'im (2010), Islam and the Secular State, Harvard University Press, ISBN   978-0674034563, pages 149, 289
    29. stin, A., F. Walbank, M. Frederiksen, and R. Ogilvie, eds. The Cambridge Ancient History. 2nd ed. Vol. 8. New York: Cambridge UP, 1989. 181–185, 439, 453, 495
    30. Greg Woolf (2007). Ancient civilizations: the illustrated guide to belief, mythology, and art. Barnes & Noble. p. 386. ISBN   978-1-4351-0121-0.
    31. Flannery, Pat (4 June 2007). "Brehon Laws part 2". Irish history. Youtube. 6m55s.
    32. "Brehon law". Heritage. Courts Service of Ireland. Archived from the original on 14 July 2015. Retrieved 6 July 2015.
    33. Duffy, Sean (ed.). "Brehon Laws". Medieval Ireland: An Encyclopedia. p. 72.
    34. C. E. Meek and K. Simms, The Fragility of Her Sex: Medieval Irish Women in their European Context, page 25, 'Marriage Laws in the Early Middle Ages.' Historian Bart Jaski compares the earlier Pagan marriage law to early Roman 'manus' marriage, implying an improvement in the status of Irish women over time.
    35. Kelly 1988, p. 79
    36. "Cáin Lánamna". CELT.
    37. Kelly 1988, p. 207, quoting and translating Binchy 1978, p.45 line 3, and p. 1421 line 30
    38. Cave, Roy and Coulson, Herbert. A Source Book for Medieval Economic History, Biblo and Tannen, New York (1965) p. 336
    39. Bryce, James (1911). "Theodora" . In Chisholm, Hugh (ed.). Encyclopædia Britannica. Vol. 26 (11th ed.). Cambridge University Press. pp. 761.
    40. Yue 岳, Ling 岭 (2008). 汉代妇女政策研究[A study of Han dynasty policies regarding women]. Nandu Xuetan (Renwen Shehuikexue Xuebao) (in Chinese). 28 (6): 2. doi:10.16700/j.cnki.cn41-1157/c.2008.06.018.
    41. Wagner, John. A. (2006) Encyclopedia of the Hundred Years War, pg. 250. Westport: Greenwood Press.
    42. Virginia Lalli (February 2014). Women in Law. Author House. pp. 11–. ISBN   978-1-4918-6454-8.
    43. Virginia Lalli (February 2014). Women in Law. Author House. pp. 16–. ISBN   978-1-4918-6454-8.
    44. 1 2 3 Virginia Lalli (February 2014). Women in Law. Author House. pp. 17–. ISBN   978-1-4918-6454-8.
    45. Elizabeth Hallam and Judith Everard, Capetian France 987-1328, 2nd edition, (Pearson Education Limited, 2001), 366.
    46. Jonathan Sumption, The Hundred Years War: Trial by Battle, Vol. I, (Faber & Faber, 1990), 106-107.
    47. Viard, "Philippe VI de Valois. Début du règne (février-juillet 1328)", Bibliothèque de l'école des chartes, 95 (1934), 263.
    48. Yi, Pae-yong (2008). Women in Korean History 한국 역사 속의 여성들. Ewha Womans University Press. p. 267. ISBN   9788973007721 . Retrieved 18 August 2018.
    49. 1 2 Luping, Diane. 2009. “Investigation and Prosecution of Sexual and Gender-Based Crimes before the International Criminal Court.” Journal of Gender, Social Policy & the Law. 17(2): 431–492.
    50. Kelly Dawn Askin (1997). War Crimes Against Women: Prosecution in International War Crimes Tribunals. Martinus Nijhoff Publishers. pp. 29–. ISBN   90-411-0486-0.
    51. Ellis, Harold (October 2001). "The Company of Barbers and Surgeons". Journal of the Royal Society of Medicine. 94 (10): 548–549. doi:10.1177/014107680109401022. ISSN   0141-0768. PMC   1282221 .
    52. The History of Women in Surgery, by Debrah A. Wirtzfeld, MD
    53. Baptista, Maria Isabel Rodrigues (2018-09-13). O aborto como recurso na regulação da fecundidade: tendências recentes em Portugal. ISBN   978-989-781-084-8.
    54. Margo DeMello (10 September 2009). Feet and Footwear: A Cultural Encyclopedia. ABC-CLIO. p. 323. ISBN   978-0-313-35715-2.
    55. Lombard, Frank Alanson (1928). An Outline History of the Japanese Drama. London: George Allen & Unwin LTD. pp. 287–295. ISBN   978-1-138-91983-9.
    56. The Massachusetts Body of Liberties (1641) at Hanover Historical Texts Project.
    57. Taunya Lovell Banks, "Dangerous Woman: Elizabeth Key's Freedom Suit – Subjecthood and Racialized Identity in Seventeenth Century Colonial Virginia", 41 Akron Law Review 799 (2008), Digital Commons Law, University of Maryland Law School, accessed 21 April 2009
    58. Laura Buzzard; Don LePan; Nora Ruddock; Alexandria Stuart (29 August 2016). The Broadview Anthology of Expository Prose – Third Edition. Broadview Press. pp. 811–. ISBN   978-1-55481-333-9.
    59. 1 2 Rosenbeck, Bente; Dübeck, Inger (6 April 2020). "abort – historie". Den Store Danske Encyklopædi (in Danish). Archived from the original on 2021-01-25. Retrieved 2021-05-09.
    60. Andersen, Bjørn, ed. (1683). "Kong Christian den Femtis Danske Lov" [ Danish Code ](PDF). §6.6.7. Archived (PDF) from the original on 2021-02-20. Retrieved 2021-05-09. Letfærdige Qvindfolk, som deris Foster ombringe, skulle miste deris Hals, og deris Hovet settis paa een Stage.[Loose women, who kill their fetus, shall lose their neck and have their head put upon a stake.]
    61. Dübeck, Inger (1974). "Jordemødre i retshistorisk belysning" [Midwives in a legal–historical perspective]. Jyske Samlinger (Ny række) (in Danish). Jysk Selskab for Historie. 10: 378. Archived from the original (PDF) on 2020-07-22. Retrieved 2021-05-09.
    62. 1 2 Barbara Alpern Engel (2004). Women in Russia, 1700–2000. Cambridge University Press. ISBN   9780521003186.
    63. 1 2 3 Åsa Karlsson-Sjögren : Männen, kvinnorna och rösträtten: medborgarskap och representation 1723–1866 (Men, women and the vote: citizenship and representation 1723–1866)(in Swedish)
    64. B. Zorina Khan (November 20, 2013). The Democratization of Invention: Patents and Copyrights in American Economic Development, 1790–1920. Cambridge University Press. ISBN   978-0521747202.
    65. Du Rietz, Anita, Kvinnors entreprenörskap: under 400 år, 1. uppl., Dialogos, Stockholm, 2013
    66. R. W. SETON -WATSON: The southern Slav question and the Habsburg Monarchy page 22
    67. Sweriges Rikes Lag. Gillad och Antagen på Riksdagen Åhr 1734
    68. Sverige. Utredningen om utländska aborter, Abort i Sverige: betänkande, Fritze, Stockholm, 2005 http://www.regeringen.se/rattsdokument/statens-offentliga-utredningar/2005/11/sou-200590/
    69. Qvist, Gunnar, Fredrika Bremer och kvinnans emancipation, 1969
    70. 1 2 Mot halva makten – elva historiska essäer om kvinnors strategier och mäns motstånd Redaktör: Ingrid Hagman. Rapport till Utredningen om fördelningen av ekonomisk makt och ekonomiska resurser mellan kvinnor och män Stockholm 1997
    71. 1 2 Carl Grimberg: Svenska folkets underbara öden / IX. Den sociala och kulturella utvecklingen från Oskar I:s tid till våra dagar samt De politiska förhållandena under Karl XV:s, Oscar II:s och Gustaf V:s regering 1859–1923 (1913–1939)
    72. ""Spanska citroner till salu", ur Historisk Tidskrift 134:1, 2014" (PDF). Archived from the original (PDF) on 2015-04-02. Retrieved 2018-12-11.
    73. Marrese, Michelle Lamarche (2002). A Woman's Kingdom: Noblewomen and the Control of Property in Russia, 1700–1861. Cornell University Press. ISBN   978-0-8014-3911-7.
    74. William Blackstone, Commentaries, 1:120--41 (1765).
    75. Blackstone, William (1979) [1765]. "Amendment IX, Document 1". Commentaries on the Laws of England. Vol. 5. Chicago: University of Chicago Press. p. 388.
    76. Clare Haru Crowston (2001). Fabricating Women: the Seamstresses of Old Regime France, 1675–1791. Duke University Press. ISBN   978-0822326663.
    77. 1 2 Adams, Jerome R. (1995). Notable Latin American Women: Twenty-nine Leaders, Rebels, Poets, Battlers and Spies, 1500–1900. MacFarland. ISBN   9780786400225.
    78. Desan, Suzanne (2004). The Family on Trial in Revolutionary France. University of California Press. ISBN   9780520939769.
    79. Mansdominans i förändring, om ledningsgrupper och styrelser: betänkande by Sverige Utredningen om kvinnor på ledande poster i näringslivet (SOU 2003:16). Stockholm: Edita Norstedts Tryckeri AB. 2003. ISBN   978-91-38-21953-9.
    80. 1 2 Herman Lindqvist : Revolution (Revolution!) (in Swedish)