Negotiations of Gender and Property through Legal Regimes (14th-19th Century)

Stipulating, Litigating, Mediating

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This volume explores familial wealth arrangements and gendered property from the fourteenth to the nineteenth centuries in Italian, German and Austrian territories (including Florence, Trento, Tyrol, and Vienna), Nordic countries, Western Pyrenees, and England. Family property as capital in the form of houses, land, movables, financial assets, and rights were of great importance in the past. Arrangements of such property were characterised by a high degree of negotiating competence but likewise they entailed competition between the parties involved and were highly conflict prone. Fifteen contributors from Austria, Finland, France, Germany, Italy, and the UK address different marital property regimes in relation to the practices and legal regulations of inheritance patterns with consideration to inter-familial negotiation, conflict, and resolution.

Contributors are: Marie-Pierre Arrizabalaga, Laura Casella, Isabelle Chabot, Siglinde Clementi, Simona Feci, Ellinor Forster, Andrea Griesebner, Christian Hagen, Margareth Lanzinger, Janine Maegraith, Silvia Mattivi, Beatrice Moring, Craig Muldrew, Regina Schäfer, and Georg Tschannett.

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Margareth Lanzinger, Ph.D. (1999), is Professor of Economic and Social History at the University of Vienna. She has published monographs, edited volumes, and many articles on kinship and property, including The Routledge History of the Domestic Sphere (16th to 19th Century) (2020), co-edited with Joachim Eibach.

Janine Maegraith, Ph.D. (2005), is Research Associate at the University of Vienna. She has published widely on topics in social history of early modern central Europe, including “Landlessness”. Reviewing the Early Modern Property Structure in Southern Tyrol, in Zeitschrift für Agrargeschichte und Agrarsoziologie 68, 1 (2020).

Siglinde Clementi, Ph.D. (2016), is Vice Director of the Competence Centre for Regional History at the Free University of Bozen-Bolzano. She has published widely on early modern Tyrol, gender and women’s history. Körper, Selbst und Melancholie. Die Selbstzeugnisse des Landadeligen Osvaldo Ercole Trapp (1634–1710) (2017).

Ellinor Forster, Ph.D. (2008), is Assistant Professor at the Institute for History and European Ethnology at the University of Innsbruck. She has published widely on spatial concepts, political and symbolic communication, legal and gender history, including Demarkationslinie Eherecht. Geschlechtsspezifische Nachwirkungen der Rechtspluralität von Tiroler Landesordnung versus Trienter Statut und österreichischem versus französischem Recht (1815–1856), in Vormärz. Eine geteilte Geschichte Trentino-Tirols / Vormärz. Una Storia Condivisa Trento-Tirolese (2017).

Christian Hagen, Ph.D. (2013), is Research Associate at the University of Kiel. He published on Medieval economic, social, urban, regional, and cultural history, including Fürstliche Herrschaft und kommunale Teilhabe. Die Städte der Grafschaft Tirol im Spätmittelalter (2015).
Acknowledgments
List of Tables and Graphs
Notes on Contributors

1 Families and Property: Stipulating, Litigating, Mediating
   Margareth Lanzinger, Janine Maegraith, Siglinde Clementi, Ellinor Forster, and Christian Hagen

PART 1
Differentiated Patterns

2 The Exclusion of Women from Inheritance Rights: An Unresolved Issue?
   Simona Feci

3 Inheritance Disputes from Ingelheim Court Records on the Threshold of the Early Modern Period (Fourteenth to Fifteenth Centuries)
   Regina Schäfer

4 Landed Property, Power, and Female Old Age Security in the Nordic Countries
   Beatrice Moring

5 Negotiating Inheritance in the Western Pyrenees in the Nineteenth Century – Gender Differentiated Treatment and Destinies
   Marie-Pierre Arrizabalaga

PART2
Spaces of Transition

6 After the Plague: Women, Marriage, and Property in Trento during the Second Half of the Fourteenth Century
   Silvia Mattivi

7 Along Family Line and Next of Kin: Negotiating and Safeguarding Dowries and Inheritance in Late Medieval Tyrol
   Christian Hagen

8 Gender Imbalance in the Use, Ownership, and Transmission of Property in Early Modern Southern Tyrolean Urban and Rural Contexts
   Janine Maegraith

PART 3
Social Spaces – Legal Cultures: Patricians and Nobles

9 Family Justice and Public Justice in Dowry and Inheritance Conflicts between Florentine Families (Fourteenth to Fifteenth Centuries)
   Isabelle Chabot

10 Border Patrimonies: The Transmission and Claiming of Property in Women’s Everyday Writings in Sixteenth to Eighteenth-Century Friuli
   Laura Casella

11 A Dispute over Guardianship: The Trentino-Tyrolean Noble Trapp Family between 1641 and 1656
   Siglinde Clementi

PART 4
Urban and Rural Spaces: Ascribing and Defending Property, Bequests, and Occupation

12 Little to Leave: Labourers’ Goods and the Probate Process in Early Modern England
   Craig Muldrew

13 Property, Power, Gender: Conflicts and Agency of a “Merchantess” in the Archduchy of Austria below the Enns in the Eighteenth Century
   Andrea Griesebner

14 After Divorce: Disputes about Property and the Division of Wealth in the Context of Divorce from Bed and Board (Vienna, 1783–1850)
   Georg Tschannett

Epilogue

15 Wealth in Its Diverse Meanings and Contexts – Concluding Comment
   Margareth Lanzinger

Index

All interested in the social, legal, and gender history, family property and specifically women’s wealth and property rights, and anyone concerned with conflicts, litigation, or arbitration that arose from this.