Women, Prescriptive Authority, and Equity

E210 | Women, Prescriptive Authority, and Equity | Fall 2011

With both constitutional questions and women’s cultural positioning in the family in view, this course will examine the idea of the “ancient constitution” (often set against contractual thinking and “rights” talk), the force of prescriptive authority more generally, and the extent to which equity sets up a contentious relation with time-out-of-mind authority. At the center of our concern will be the contemporary commitment to continuity, the deep suspicion of innovation, and the tension between restoration and progress as models of change. Most of the texts for the course cluster around two revolutionary periods, 1688 and 1789: For the first period, we will read John Locke’s Two Treatises, Mary Astell’s Reflections upon Marriage (and other selections from Astell’s work), the Marquis of Halifax’s, A Birthday Gift, and selected satires against women; for the second, we will read short selections from William Blackstone’s Commentaries on the Laws of England, Edmund Burke’s Reflections on the Revolution in France, and Frances Burney’s Cecilia. In addition we will read parts of J.G.A. Pocock’s The Ancient Constitution and the Feudal Law (as well as articles on Pocock’s thesis), selections from J.H. Baker’s An Introduction to English Legal History, excerpts from early legal writings, and relevant articles on individual writers.

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DATE	In class today	Supporting Materials
Wk. #1: Thursday, 9/22	Introduction Common Law \| Common Law \| Common Law \| Common Law \|Common Lawyer \| Common Law courts Custom \| Custom \| Consuetude \| Prescription \| Prescriptive \| Equity \| Equity The Norman Yoke \| The Norman Conquest and the Common Law: The Levellers and the Argument from Continuity \|	For further reading, see R. C. van Caenegem, The Birth of the English Common Law and Theodore F. T. Plucknett, A Concise History of the Common Law. Herbert Butterfield, The Whig Interpretation of History (1931) Herbert Butterfield \| Whig history \| Review of A. Patterson's Nobody's Perfect: A New Whig Interpretation of History Robert Palmer: Origins of Common Law.
Wk. #2. Thursday, 9/29	§ J.G.A. Pocock, The Ancient Constitution and the Feudal Law: Read Prefaces. \| \| Skim introduction (pages 1-11; 21- 29). Read Ch. II, "The Common-law Mind: Custom and the Immemorial" and Ch. III, "The Common-law Mind: the Absence of a Basis of Comparison." Skim Ch. V, "The Discovery of Feudalism: Sir Henry Spelman." Read Ch. VI, "Interregnum: the 'Oceana' of James Harrington," Ch. VII, "Interregnum: the First Royalist Reaction and the Response of Sir Matthew Hale," Ch. VIII, "The Brady Controversy," and Ch. IX, "Conclusion: 1688 in the History of Historiography" Read "The Ancient Constitution Revisited": Ch. I, "Historiograhpy and Common Law," pp. 261-285.	§ Fortier, Mark, "Equity and Ideas: Coke, Ellesmere, and James I" Sir John Fortescue \| Sir Edward Coke \| Thomas Egerton, Baron Ellesmere, Lord Chancellor \| *The Petition of Right* \| Nineteen propositions made by both Houses of Parliament, to the Kings Majestie, for a reconciliation of the differences between his Majesty, and the said Houses, 1642. A part of the late King's answer to the humble petition and advice of both Houses of Parliament sent unto His Majesty with nineteen propositions the second of June, 1642
Wk#3. Thursday, 10/6	§ John Locke,TwoTreatises on Government Peter Laslett's "Introduction" Book I: Preface & Ch. I, II ( § 6--8); V, VI (§ 50, 52--55, 61--63), VII (§73, 75, 77). Book II: Ch. I, II, III, IV, V, VI, VII ( §77-87, 89), VIII (§95-97, 99, 119-20), IX ( §123-27), XIII ( §149, 156), XV (169-172), XVIII, XIX	Related material: Some background notes on restoration & revolution Anthony Ashley Cooper, 1st Earl of Shaftesbury, DNB; another site Dryden's satiric portrait of Shaftesbury Locke links Charles I, DNB. Charles I - Wikipedia John Evelyn on restoration and revolution
Wk#4. Thursday, 10/13	§ J. H. Baker, An Introduction to English Legal History (page numbers are to 4th ed.) Part I: Ch. 1, "Law and Custom in Early Britain" 1-11 Ch. 2, "Origins of the Common Law," (12-36) Ch. 6, "The Court of Chancery and Equity," (97-116) Ch. 7, "The Consiliar Courts," (117-125) Ch. 8, "The Ecclesiastical Courts" (126-134) Ch. 12, "Law Making." (195-222) Part II: Ch. 13, "Real Property: Feudal Tenure," (223-247) Ch. 14, "Real Property: Feudalism and Uses," (248-258) Ch. 15, "Real Property: Inheritance and Estates," (259-279) Ch. 16, "Real Property: Family Settlements," (280-297) Ch. 17, Other Interests in Land (298-316) Ch. 27, "Persons: Status and Liberty," (466-478) Ch. 28, "Persons: Marriage and its Consequences" (479-499)	Related material English Legal History Materials Writ from Columbia Encyclopedia Equity from Columbia Encyclopedia Demesne - definition Mesne - definition William the Conqueror Internet Medieval Sourcebook: Selected Sources: England (This is a remarkable site. Please explore it, for our course and for your general knowledge.) 1658: Coke, Prohibitions del Roy (Pamphlet) The Reports of Sir Edward Coke in thirteen parts, vol. VI: Parts XI, XII, XIII (Google books) See pp. 280-82 of this volume. That corresponds to Part XII, 63-5.
Wk. 5. Thursday, 10/20	§ Mary Astell, Reflections upon Marriage (1700; 1703-4 [?]; 1730) from Political Writings & selections from the other political pamphlets. Read Springborg's introductory material for all 3 pieces in the collection. §EEBO Marquis of Halifax, "The Lady's New-years Gift: or, Advice to a Daughter" (1688) §1) Introduction, §2) Husband, & §3) any other sections that interest you. Satires Against Women: EEBO Richard Ames, "The Folly of Love; or, an Essay upon Satyr against Woman" (1691) d Robert Gould, "Love given o're: or, a satyr against the Pride, Lust, and Inconstanccy, etc. of Woman" (1682) Robert Oldham, "A Satyr Upon a Woman, who by her Falshood and Scorn was the Death of my Friend. In EEBO, indicate that you want Images 74-80. Hume on Passive obedience Hegel on Hobbes and passive obedience	A Halifax link Article on SATIRE, written by Robert C. Elliott,Encyclopedia Britannica
Wk.#6. Thursday, 10/27	§ Edmund Burke, Reflections on the Revolution § J.G.A. Pocock, "Burke and the Ancient Constitution, a Problem in the History of Ideas" "The Political Economy of Burke's Analysis of the French Revolution"
Wk. #7.Thursday, 11/3	§ Presentation of annotated bibliographies § Reflections on the Revolution
Wk. #8.Thursday, 11/10	§ Francis Burney, Cecilia (1782)
Wk. #9. Thursday, 11/17	§ Cecilia
	Thursday, 11/24: Thanksgiving. No class session.
Wk. # 10. Thursday, 12/1	§ Drafts due. Conference-style presentation of papers as works in progress § Please put a 250-300 word abstract of paper on noteboard § Guests welcome § Course evaluations
Thursday, December 8	§ Papers due	If a one-day extension makes a difference to you, you can turn your paper in on December 9.