Historically, the merger doctrine (a.k.a. "doctrine of merger") was the notion that marriage caused a woman's legal identity to merge with that of her husband. [1]
Thus, a woman could not sue or testify against her husband any more than he could sue or testify against himself. Since her identity had merged with his, the two were now considered one legal entity.
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Women's rights are the rights and entitlements claimed for women and girls worldwide. They formed the basis for the women's rights movement in the 19th century and the feminist movements during the 20th and 21st centuries. In some countries, these rights are institutionalized or supported by law, local custom, and behavior, whereas in others, they are ignored and suppressed. They differ from broader notions of human rights through claims of an inherent historical and traditional bias against the exercise of rights by women and girls, in favor of men and boys.
A wife is a woman in a marital relationship. A woman who has separated from her partner continues to be a wife until their marriage is legally dissolved with a divorce judgment. On the death of her partner, a wife is referred to as a widow. The rights and obligations of a wife to her partner and her status in the community and law vary between cultures and have varied over time.
Sue Rodriguez was a Canadian right-to-die activist. In August 1991, she was diagnosed with amyotrophic lateral sclerosis and was given two to five years to live. She ultimately made the decision to end her life and she sought the assistance of a doctor to that end, leading to a legal battle. She lost her case in front of the Supreme Court of Canada, but took her own life with the help of an anonymous doctor on February 12, 1994. She is cited as an important figure in the eventual legalization of medical assistance in dying in Canada.
Breach of promise is a common-law tort, abolished in many jurisdictions. It was also called breach of contract to marry, and the remedy awarded was known as heart balm.
Coverture was a legal doctrine in English common law originating from the French word couverture, meaning "covering," in which a married woman's legal existence was considered to be merged with that of her husband. Upon marriage, she had no independent legal existence of her own, in keeping with society's expectation that her husband was to provide for and protect her. Under coverture a woman became a feme covert, whose legal rights and obligations were mostly subsumed by those of her husband. An unmarried woman, or feme sole, retained the right to own property and make contracts in her own name.
The legal rights of women refers to the social and human rights of women. One of the first women's rights declarations was the Declaration of Sentiments. The dependent position of women in early law is proved by the evidence of most ancient systems.
Polly Berry was an African American woman notable for winning two freedom suits in St. Louis, one for herself, which she won in 1843, and one for her daughter Lucy, which she won in 1844. Having acquired the surnames of her slaveholders, she was also known as Polly Crockett and Polly Wash, the latter of which was the name used in her freedom suit.
In common law, spousal privilege is a term used in the law of evidence to describe two separate privileges that apply to spouses: the spousal communications privilege and the spousal testimonial privilege.
Ex turpi causa non oritur actio is a legal doctrine which states that a plaintiff will be unable to pursue legal relief and damages if it arises in connection with their own tortious act. The corresponding Ex turpe causa non oritur damnum, "From a dishonourable cause, no damage arises" is a similar construction. Particularly relevant in the law of contract, tort and trusts, ex turpi causa is also known as the illegality defence, since a defendant may plead that even though, for instance, he broke a contract, conducted himself negligently or broke an equitable duty, nevertheless a claimant by reason of his own illegality cannot sue. The UK Supreme Court provided a thorough reconsideration of the doctrine in 2016 in Patel v Mirza.
Partus sequitur ventrem was a legal doctrine passed in colonial Virginia in 1662 and other English crown colonies in the Americas which defined the legal status of children born there; the doctrine mandated that children of enslaved mothers would inherit the legal status of their mothers. As such, children of enslaved women would be born into slavery. The legal doctrine of partus sequitur ventrem was derived from Roman civil law, specifically the portions concerning slavery and personal property (chattels), as well as the common law of personal property; analogous legislation existed in other civilizations including Medieval Egypt in Africa and Korea in Asia.
The Married Women's Property Act 1882 was an act of the Parliament of the United Kingdom that significantly altered English law regarding the property rights of married women, which besides other matters allowed married women to own and control property in their own right.
Combe v Combe [1951] 2 KB 215 is a famous English contract law case on promissory estoppel. An ex-wife tried to take advantage of the principle that had been reintroduced in the High Trees case to enforce her husband's promise to give her maintenance. The Court held that promissory estoppel could not be applied. It was available only as a defence and not as a cause of action.
The Married Women's Property Act 1870 was an Act of Parliament of the United Kingdom that allowed married women to be the legal owners of the money they earned and to inherit property.
Feminism has played a major role in shaping the legal and social position of women in present-day Ireland. The role of women has been influenced by numerous legal changes in the second part of the 20th century, especially in the 1970s.
Rape by deception is a situation in which the perpetrator deceives the victim into participating in a sexual act to which they would otherwise not have consented, had they not been deceived. Deception can occur in many forms, such as illusory perceptions, false statements, and false actions.
Steel v Houghton (1788) 1 H Bl 51; 126 ER 32, also known as the Great Gleaning Case, is a landmark judgment in English law by the House of Lords that is considered to mark the modern legal understanding of private property rights. Ostensibly the matter found that no person has a right at common law to glean the harvest of a private field, but the judgment has been taken to be a more general precedent for private land matters.
The Married Women's Property Acts are laws enacted by the individual states of the United States beginning in 1839, usually under that name and sometimes, especially when extending the provisions of a Married Women's Property Act, under names describing a specific provision, such as the Married Women's Earnings Act. The Married Women's Property Acts gave American married women new economic rights. Under coverture, married women could not own property, control their wages, enter into contracts, and otherwise act autonomously, to their husband's authority. They also did not have control over where their children lived and husbands were assumed to have sexual access.
Labor feminism was a women's movement in the United States that emerged in the 1920s, focused on gaining rights in the workplace and unions. Labor feminists advocated for protectionist legislation and special benefits for women, a variant of social feminism. They helped pass state laws regulating working conditions for women, expanded women's participation in unions, and organized to oppose the Equal Rights Amendment.
The Justice Against Sponsors of Terrorism Act (JASTA) is a law enacted by the United States Congress that narrows the scope of the legal doctrine of foreign sovereign immunity. It amends the Foreign Sovereign Immunities Act and the Anti-Terrorism and Effective Death Penalty Act in regards to civil claims against a foreign state for injuries, death, or damages from an act of international terrorism on U.S. soil.
In Islam, human sexuality is governed by Islamic law, also known as Sharia. Accordingly, sexual violation is regarded as a violation of moral and divine law. Islam divides claims of sexual violation into 'divine rights' and 'interpersonal rights' : the former requiring divine punishment and the latter belonging to the more flexible human realm.