Dowry & Inheritance


Book Description

The essays in this book examine the sociological, legal, cultural and economic implications of dowry. The connection between dowry or bridewealth norms and the status of women, inheritance and its impact on women's empowerment are discussed from the multiple perspectives adopted by different feminist scholars. Feminist interventions have dealt with slippery definitions, concepts in legal formulations and theoretical questions regarding the volition and agency of women in a patriarchal structure. The essays examine the activist position vis-Ã -vis dowry and inheritance: should dowry be boycotted in toto, or only its excesses? Is dowry a form of inheritance? Legal intervention is often seen as the most concrete means to address issues of equity, but the Dowry Prohibition Act of 1984 leaves room for manoeuvre: dowry as a condition of marriage is punishable, but voluntary gifts are excluded from the ambit of the law. More recently, legislative intervention has sought to grant equal inheritance rights to women. Will these developments make for greater gender equity? This book brings together intellectually stimulating analysis and radical activism, in a cogent and comprehensive assessment of an issue and a practice that has preoccupied Indian feminists for the past three decades.




Disappearance of the Dowry


Book Description

Why did a practice that had been considered a duty stop being a duty, or, conversely, why did daughters lose the right they had previously enjoyed of receiving from their parents the wherewithal to contribute to the support of their marriage? Despite the many historical and anthropological studies about dowry, to the best of my knowledge this is the first analysis of its disappearance. My hypothesis at a general level is that the institution of dowry was among the many fetters to the development of capitalism, such as entail, monopolies, and the privileges of the nobility, of churchmen, and of army officers, that disappeared as the influence of industrial capital spread worldwide. Yet entail, monopolies, and privileges were abolished legally, whereas the dowry was not abolished legally, it disappeared in practice. Thus the question remains: what led individual families to change their customs regarding dowry? And they changed remarkably. I found that, in the seventeenth century, practically all propertied families in São Paulo endowed every one of their daughters, favoring them by giving dowries far exceeding the value of what their brothers would inherit later on. By the early nineteenth century, in contrast, long before the custom of dowry had disappeared, less than a third of the propertied families in São Paulo were endowing their daughters, and those who did gave comparatively smaller dowries, with a very different content, while some families endowed only one or two of several daughters. How to explain this transformation in customs? I will argue throughout this book that the practice of dowry altered because of changes in society, the family, and marriage. Since dowry is a transfer of property between family members, changes in the concept of property, in the way property is acquired and held, or in business practices are relevant to an understanding of change in the institution of dowry, as are changes in the function of the family in society, the way it is integrated into production, and how it supports its members. The changes experienced by Brazilian society that help explain the decline and disappearance of the dowry are many of the same transformations that have been observed in more central regions of the Western world. Through a long process that started in the eighteenth century and continued into the early twentieth century, Brazil changed from a hierarchical, ancien régime type of society in which status, family, and patron-client relations were primary to a more individualistic society in which contract and the market increasingly reigned. A society divided vertically into family clans changed gradually into a society divided horizontally into classes. As the state grew stronger, it took over functions previously performed by the family, which in seventeenth-century São Paulo's frontier society had included municipal government and defense. Between the seventeenth and the late nineteenth centuries, a new concept of private property developed. The family changed from being the locus of both production and consumption to being principally the locus of consumption, while "family" and "business" became formally separate. The power of the larger kin declined and the conjugal family became more important, and marriage was transformed from predominantly a property matter to an avowed "love" relationship, the economic underpinnings of which were no longer made explicit. At the same time there was a change from the strong authority of the patriarch over adult sons and daughters to their greater independence, and from arranged marriages to marriages freely chosen by the bride and groom. These transformations took place in Brazil starting in the eighteenth century and continuing throughout the nineteenth century in a gradual and complex manner so that both old and new characteristics often coexisted at a given time, sometimes even within the same family. As these changes occurred, the




Anthropologica


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Patriarchy, Property and Death in the Roman Family


Book Description

This innovative study of the patriarchy belies the accepted notion of the father figure as tyrannical and exploitative.




Bridewealth and Dowry


Book Description

In these insightful 1973 papers two leading authorities make a wide-ranging review of ideas and materials on bridewealth and dowry.




History of Inheritance Law


Book Description

Experts estimate that eighty percent of household wealth is inherited, and the average American who died in 2015 left approximately $177,000 to his or her family. Harry L. Munsinger, a lawyer practicing in Texas, explores the history of inheritance law in this fascinating book. Topics include: • English laws of succession, which evolved to favor wealthy families by passing real estate and family titles to the eldest surviving son. In contrast, the American colonies developed a democratic system of inheritance where land was divided equally among all the sons. • Goals of early inheritance laws, which were to keep ancestral lands in the family and to determine who would take the land when a father died. • Ways American laws of succession followed English common law during the colonial period and then developed variations more suited to America’s social and economic needs after the colonies won their independence from Britain. The author also highlights how any interested party can allege a defect in the execution of a will, how trusts were developed by courts of equity to avoid the rigid rules of English common law governing legal title and use of real property, and how families can safely and effectively transfer wealth.




Dowry Murder


Book Description

Oldenburg argues that dowry murder is not about dowry per se nor is it rooted in an Indian culture or caste system that encourages violence against women. Rather, dowry murder can be traced directly to the influences of the British colonial era.




Facing the Revocation


Book Description

Facing the Revocation tells the story of one French Protestant (Huguenot) family, the Champagnés, as they faced the Revocation of the Edict of Nantes, which criminalized their religion in 1685. In this sweeping family saga, Carolyn Chappell Lougee narrates how the Champagné family's persecution and Protestant devotion unsettled their economic advantages and social standing. The family provides a window onto the choices that individuals and their kin had to make in these trying circumstances, the agency of women within families, and the consequences of their choices. Lougee traces the lives of the family members who escaped; the kin and community members who decided to stay, both complying with and resisting the king's will; and those who resettled in Britain and Prussia, where they adapted culturally and became influential members of society. It challenges the way Huguenot history has been told for 300 years and thereby offers new insights into the reign of Louis XIV.