Women, Marriage and Law in Scotland: Historical and Legal Perspectives
Lead Research Organisation:
University of Glasgow
Department Name: School of Law
Abstract
The historical struggle for gender equality has transformed women's access to justice in our modern world. Over the last two centuries, feminists and their supporters campaigned for women's right to vote, to own property and engage in economic networks, to seek marital separation, and to obtain custody of their children before the courts. Yet, women's struggles for equality is not a modern phenomenon and nor has it been fully achieved. Throughout history, women approached the courts in an attempt to secure their legal status and rights to property. Within the historical and contemporary landscape, there is always movement; equality usually has to be continuously fought for and, once achieved, protected. Understanding women's agency and property rights in the past can help legal practitioners and the courts make better-informed decisions when encountering similar problems today. The ways in which we make sense of women's social agency needs to acknowledge the intersectional nature of ongoing discrimination in the past. Even today, the struggle for gender equality in Scotland is far from complete, and a glaring disparity between the achieved equality of women and their lived realities still remains. The Scottish National Advisory Council on Women and Girls was established in 2017 to make gender inequality a historical curiosity by providing the First Minister with evidenced-based approaches to changing public attitudes to equality. Women still struggle to obtain equal access to justice, particularly in deprived areas of Scotland. Collaborative organisations, such as the Scottish Women's Rights Centre, assists women in achieving access to justice through legal advice, representation and advocacy. Scottish Women's Aid helps women experiencing domestic abuse to access law when seeking a divorce, securing child custody, and protection from violent partners. Historical knowledge of women's involvement in legal changes and property debates can inform current policy change and decision-making, which in turn plays a significant role in understanding women's contribution to social and legal outcomes. This project aims to brings together historians, policy-makers, and legal practitioners interested in the particularities of women's access to law to advance new ways of thinking about women's engagement with law in a historical and modern context. Exploring women's relative access to justice in early modern Scotland, this project intervenes in modern debates about women's legal subjectivity and the extent to which inequities might be disrupted or modified by political and legal change. Community Safety Minister Ash Denham recently stated that "The make-up of families in Scotland is vastly different today than it was when these laws were passed over half a century ago, including significantly more families made up of cohabiting couples and an increased number of step-families." This narrative of progress is a familiar one, often underpinning contemporary policy making and legal practice. My research to date shows that stepfamilies were common in early modern Scotland, with about a quarter of the women identified in court records in seventeenth-century Glasgow being remarried widows with children from multiple marriages. Women who asserted that they were 'repute and haldin' by the community as married women attempted to secure property following the death of their live-in partners before the lower church courts, despite not having solemnised their marriage in a legal manner. Women also attempted to prove that they were married when their cohabiting partners abandoned the household in a bid to establish their property rights. By combining innovative historical research on women's access to justice with women's organisations, legal experts and government committees, this project will have a lasting impact on current legal debates surrounding women's rights to property during the ongoing reform of succession law and cohabitation in Scotland.
People |
ORCID iD |
Rebecca Mason (Principal Investigator / Fellow) |
Publications
Mason R
(2020)
review of Women before the court: Law and patriarchy in the Anglo-American world, 1600-1800
in Reviews in History
Description | In April 2021, I organised and held a two-day conference called 'Gender and Justice in Scotland: Historical and Legal Perspectives' that was widely attended by historians, legal practitioners, policy makers and academics interested in women's rights. The intention was to bring students, academics, representatives of feminist organisations and members of the public together to discuss Scottish women's access to justice over time. We concluded that women's rights have not necessarily developed in a teleological fashion, from 'bad to good' over time, but that the law - both past and present - is capable of being mutually supportive to and discriminatory against women. During the course of the project I also contributed to an open-access FutureLearn course entitled '"A Global History of Sex and Gender: Bodies and Power in the Modern World" (highly rated on the platform with 4.5/5* and 8,500 enrolled learners) on the topic of Scottish women's legal history. I also acted as an academic mentor on a Heritage Lottery-funded project entitled 'Thistles and Dandelion' where I organised and led various interactive workshops on the hidden history of Glasgow's women, and assisted the group in crafting their tour 'Women of Glasgow Walking Trail'. |
First Year Of Impact | 2021 |
Sector | Government, Democracy and Justice,Culture, Heritage, Museums and Collections |
Impact Types | Cultural Societal |
Description | Women and the Law in Early Modern Scotland |
Amount | £1,500 (GBP) |
Organisation | Women's History Network |
Sector | Charity/Non Profit |
Country | Global |
Start | 09/2021 |
End | 09/2022 |
Description | Blog for the School of Law |
Form Of Engagement Activity | Engagement focused website, blog or social media channel |
Part Of Official Scheme? | No |
Geographic Reach | International |
Primary Audience | Professional Practitioners |
Results and Impact | I wrote an extended essay (6,000 words) for the School of Law's blog website that discussed the law of cohabitation in Scotland throughout history. This led to an invitation to speak at the Women's History Network Seminar Series. |
Year(s) Of Engagement Activity | 2021 |
URL | https://www.uofgschooloflaw.com/blog/2020/12/17/cohabitation-in-scotland-lessons-from-history |
Description | Blog post for Women's History Network |
Form Of Engagement Activity | Engagement focused website, blog or social media channel |
Part Of Official Scheme? | No |
Geographic Reach | International |
Primary Audience | Public/other audiences |
Results and Impact | I wrote a blog post for 'Women's History Network' on research conducted during the course of my ESRC postdoctoral fellowship. |
Year(s) Of Engagement Activity | 2022 |
URL | https://womenshistorynetwork.org/women-accessing-justice-in-early-modern-scotland-rebecca-mason/ |
Description | Conference organiser of 'Who Owned Scotland?' |
Form Of Engagement Activity | Participation in an activity, workshop or similar |
Part Of Official Scheme? | No |
Geographic Reach | National |
Primary Audience | Policymakers/politicians |
Results and Impact | In 2021 I was the lead organiser of a conference entitled 'Who Owned Scotland? Past, Present and Future' that explored issues affecting land ownership in Scotland across space and time from a gendered perspective. Attended virtually by 200 attendees - including historians, policy makers, heritage professionals, MSPs, and members of the public - the conference focused on the price and availability of housing, access to greenspace and the natural environment and community land ownership. |
Year(s) Of Engagement Activity | 2021 |
URL | http://eshss.org.uk/events/ |
Description | Conference paper at the Renaissance Society of America 2021 conference |
Form Of Engagement Activity | A talk or presentation |
Part Of Official Scheme? | No |
Geographic Reach | International |
Primary Audience | Professional Practitioners |
Results and Impact | I delivered a conference paper at the RSA 2021, with my paper entitled 'Merchant Wives: Gender, Colonial Goods and Economic Networks in Seventeenth-Century Glasgow'. This led to a lively discussion and further networking opportunities with scholars based in North America. |
Year(s) Of Engagement Activity | 2021 |
URL | https://rsa.confex.com/rsa/21virtual/meetingapp.cgi/Paper/8596 |
Description | Contributor to FutureLearn course 'A Global History of Sex and Gender: Bodies and Power in the Modern World' |
Form Of Engagement Activity | A talk or presentation |
Part Of Official Scheme? | No |
Geographic Reach | International |
Primary Audience | Public/other audiences |
Results and Impact | I contributed to an open-access course entitled 'A Global History of Sex and Gender: Bodies and Power in the Modern World', hosted on the web platform FutureLearn. Over 8,000 participants registered world-wide, with the course receiving 4.5 star reviews. Participants noted that my course content was 'very interesting' and 'very informative'. |
Year(s) Of Engagement Activity | 2021 |
URL | https://www.futurelearn.com/info/courses/a-global-history-of-sex-and-gender/0/steps/168424 |
Description | Historical consultant on Glasgow Women's Walking Tour |
Form Of Engagement Activity | Participation in an activity, workshop or similar |
Part Of Official Scheme? | No |
Geographic Reach | Local |
Primary Audience | Public/other audiences |
Results and Impact | I acted as a historical consultant on a Heritage Lottery-funded project entitled 'Thistles and Dandelion' where I supported minority ethnic women who wished to learn more about Scottish women's history. In my role I led various workshops on the hidden history of Glasgow's women, and assisted the group in crafting their 'Women of Glasgow Walking Trail'. As well as providing historical expertise, I helped the women write their own stories into the tour, and encouraged them to celebrate some of their family histories as part of the fabric of Glasgow. |
Year(s) Of Engagement Activity | 2021 |
URL | https://www.glasgowlive.co.uk/news/history/thistles--dandelions-migrant-women-21651171 |
Description | Interview for radio |
Form Of Engagement Activity | A broadcast e.g. TV/radio/film/podcast (other than news/press) |
Part Of Official Scheme? | No |
Geographic Reach | National |
Primary Audience | Public/other audiences |
Results and Impact | I was interviewed by BBC Radio Scotland for their History series 'Time Travels' about women in seventeenth-century Glasgow. |
Year(s) Of Engagement Activity | 2021 |
URL | https://www.bbc.co.uk/programmes/m000kqf6 |
Description | Lecture for the Alan Watson Legal History Seminar at the University of Edinburgh |
Form Of Engagement Activity | A talk or presentation |
Part Of Official Scheme? | No |
Geographic Reach | Regional |
Primary Audience | Professional Practitioners |
Results and Impact | I delivered a 50-minute lecture to the Alan Watson Seminar in Legal History series participants, with my talk entitled 'With Her Consent? Patriarchy, Property and Law in Early Modern Scotland'. My lecture sparked lively research questions and discussion afterwards. |
Year(s) Of Engagement Activity | 2020 |
URL | https://www.law.ed.ac.uk/news-events/events/alan-watson-seminar-legal-history-her-consent-patriarchy... |
Description | Lecture for the Economic and Social History Seminar Series at the University of Glasgow |
Form Of Engagement Activity | A talk or presentation |
Part Of Official Scheme? | No |
Geographic Reach | National |
Primary Audience | Professional Practitioners |
Results and Impact | I delivered a 50-minute lecture to the Economic and Social History Seminar Series at the University of Glasgow, with my talk entitled 'Locating Women in the Early Modern Scottish Economy: Households, Commerce and Credit'. |
Year(s) Of Engagement Activity | 2021 |
URL | https://www.gla.ac.uk/schools/socialpolitical/research/economicsocialhistory/eventsseminars/archive2... |
Description | Lecture for the Scottish History Seminar Series at the University of Edinburgh |
Form Of Engagement Activity | A talk or presentation |
Part Of Official Scheme? | No |
Geographic Reach | Regional |
Primary Audience | Professional Practitioners |
Results and Impact | I delivered a lecture entitled 'The Separated Wife in Early Modern Scotland' at the University of Edinburgh's Scottish History Seminar, with my talk based on research undertaken during my ESRC project. This sparked a lively debate, with the paper currently being written up as an academic article. |
Year(s) Of Engagement Activity | 2021 |
Description | Podcast interview for reddit's AskHistorians series |
Form Of Engagement Activity | A broadcast e.g. TV/radio/film/podcast (other than news/press) |
Part Of Official Scheme? | No |
Geographic Reach | International |
Primary Audience | Public/other audiences |
Results and Impact | I was interviewed by reddit's AskHistorians series about my research on women in early modern Scotland. |
Year(s) Of Engagement Activity | 2020 |
URL | https://askhistorians.libsyn.com/askhistorians-podcast-episode-164-women-in-medieval-and-early-moder... |
Description | Podcast interview for the School of Law's podcast series |
Form Of Engagement Activity | A broadcast e.g. TV/radio/film/podcast (other than news/press) |
Part Of Official Scheme? | No |
Geographic Reach | Local |
Primary Audience | Professional Practitioners |
Results and Impact | I was interviewed for the School of Law's podcast series about my ESRC-funded project 'Women, Marriage and Law in Scotland'. |
Year(s) Of Engagement Activity | 2021 |
URL | https://www.gla.ac.uk/schools/law/podcast/rebecca-mason/ |
Description | Spoke at Doors Open Day - Scottish Courts and Tribunal Service |
Form Of Engagement Activity | Participation in an open day or visit at my research institution |
Part Of Official Scheme? | No |
Geographic Reach | Regional |
Primary Audience | Public/other audiences |
Results and Impact | I presented my research virtually on Doors Open Day 2021 upon invitation from staff based in the Scottish Courts and Tribunal Service in Edinburgh. This talk (now freely available online) discussed women's access to justice in the Court of Session in Edinburgh, with particular focus on Scottish women's experience of civil litigation throughout history. |
Year(s) Of Engagement Activity | 2021 |
URL | https://www.scotcourts.gov.uk/virtual-doors-open-day |
Description | Talk for Women's History Network |
Form Of Engagement Activity | A talk or presentation |
Part Of Official Scheme? | No |
Geographic Reach | National |
Primary Audience | Public/other audiences |
Results and Impact | In 2021 I delivered an online talk to the general public through Women's History Network's Facebook account, with my talk entitled ''Living as Man and Wife': Women and Cohabitation in Scotland, 1560-1750'. This led to further collaborations with women historians, and a successful application to the Women's History Network Early Career Fellowship Grant. |
Year(s) Of Engagement Activity | 2021 |
URL | https://womenshistorynetwork.org/30th-june-living-as-man-and-wife-women-and-cohabitation-in-scotland... |
Description | Workshop on women's legal history |
Form Of Engagement Activity | Participation in an activity, workshop or similar |
Part Of Official Scheme? | No |
Geographic Reach | National |
Primary Audience | Professional Practitioners |
Results and Impact | I organised an online workshop entitled 'Gender and Justice in Scotland: Historical and Legal Perspectives' that was attended by historians, legal academics, and policy makers. I am currently editing a special issue that has arisen from this workshop, with further impact opportunities planned. |
Year(s) Of Engagement Activity | 2021 |
URL | https://womenmarriagelawscotland.wordpress.com/2021/06/01/gender-and-justice-symposium-a-reflection/ |