This book features the insights of scholars from seven different countries,
who analyse barriers to gender equality in various domains of European legal
history in the nineteenth and twentieth centuries. Several contributions focus
on women’s access to the legal profession and their position therein. Other
contributions discuss the inequality in relation to what is reflected on the level
of jurisprudence. The outlook here moves to gender-based structures within
the law and how these had an impact on women’s legal status, for instance in
property rights, contracting rights and labour rights. Together, the different
chapters provide elements of answers to questions that hitherto have been
largely ignored by humanities and social science research, but also to questions
that are the object of much debate. Does gender make a difference to the way
the judiciary and lawyers work or should work?1 How did nineteenth-century
law reforms affect married women’s rights in mixed or transitional legal regimes,
notably those on the outskirts of Europe? How have reforms affected women’s
confidence in the ability of law institutions to deliver justice? How, in sum,
did women’s interaction with the law shape the fields of legal history and
gender history?
The subjects broached remain relevant today. The constitutions of
nineteenth-century nation states reserved the right to equality for only one sex,
men. From there on it took until the twentieth century for women in Europe to
see gender justice formally achieved. Yet barriers to actual equality still exist. In
most European countries, for example, there is a more or less pronounced glass
ceiling to women’s judicial careers.2 It is therefore meaningful and necessary
to uncover the very roots of gender stereotype reasoning and discourses (that
sometimes persist until today) and to look at the origins of rules of law that have
hindered women in their rights. This book aims to do so.