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The Unsettling Connection of Women, Property, and the Law in British Novels of the Long Nineteenth Century

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The Unsettling Connection of Women, Property, and the Law in British Novels of the Long Nineteenth Century Binghamton University The Open Repository @ Binghamton (The ORB) Graduate Dissertations and Theses Dissertations, Theses and Capstones 2-23-2018 Place and Displacement: The Unsettling Connection of Women, Property, and the Law in British Novels of the Long Nineteenth Century Claudia J. Martin Binghamton University--SUNY, [email protected] Follow this and additional works at: https://orb.binghamton.edu/dissertation_and_theses Part of the English Language and Literature Commons, and the Law Commons Recommended Citation Martin, Claudia J., "Place and Displacement: The Unsettling Connection of Women, Property, and the Law in British Novels of the Long Nineteenth Century" (2018). Graduate Dissertations and Theses. 70. https://orb.binghamton.edu/dissertation_and_theses/70 This Dissertation is brought to you for free and open access by the Dissertations, Theses and Capstones at The Open Repository @ Binghamton (The ORB). It has been accepted for inclusion in Graduate Dissertations and Theses by an authorized administrator of The Open Repository @ Binghamton (The ORB). For more information, please contact [email protected]. PLACE AND DISPLACEMENT: THE UNSETTLING CONNECTION OF WOMEN, PROPERTY, AND THE LAW IN BRITISH NOVELS OF THE LONG NINETEENTH CENTURY BY CLAUDIA J. MARTIN BA, BINGHAMTON UNIVERSITY, 1972 JD, UNIVERSITY OF TOLEDO, COLLEGE OF LAW, 1976 MA, CALIFORNIA STATE UNIVERSITY, HAYWARD, 2005 DISSERTATION Submitted in partial fulfillment of the requirements for the degree of Doctor of Philosophy in English in the Graduate School of Binghamton University State University of New York 2018 © Copyright by Claudia J. Martin 2018 All Rights Reserved Accepted in partial fulfillment of the requirements for the degree of Doctor of Philosophy in English in the Graduate School of Binghamton University State University of New York February 23, 2018 Dr. Nancy Henry, Co-Chair Department of English, University of Tennessee, Knoxville Dr. Michael J. Conlon, Co-Chair Department of English, Binghamton University Dr. Gayle Whittier, Member Department of English, Binghamton University Dr. Cheryl A. Wilson, Outside Examiner Dean, School of Humanities and Social Sciences, Stevenson University iii Abstract This study examines how British novels produced during the long nineteenth century, the period from 1750 to 1919, represent the tenuous connection of women to property and place. A paradox of the era was that while women tended to be relegated to the confines of the domestic realm as daughters, sisters, wives, or widows, it was also a home that they could not or did not own, and in which their continued residence was dependent upon the largesse of others, making them vulnerable to displacement. The dichotomy between home and homelessness creates the dynamic tension that drives many plots of the long nineteenth century, precipitating the movements of dispossessed female characters who must maneuver through a complex topology of geography, laws, and social practices in search of new homes, families, or communities. Since the fictional world of the novel is meant to provide a landscape that is recognizable and realistic, this study looks at how laws and related constructs are key mechanisms for achieving mimesis. I suggest that fictions of the long nineteenth century rely on the law to reveal both the dominant ideology as well as its contestation, seamlessly enfolding laws and legal constructs into the fabric of those plots reliant for their development on the disconnection of women from land, ownership, and occupancy rights. Another goal of this study is to expand both the timeline typically employed when critically assessing narratives predicated on some form of female displacement, as well as broadening the constellation of laws and socio-legal practices that influenced the content of plots predicated on contested interests in land and wealth. Rather than concentrating only on the mid-Victorian period and the constraints of coverture on married women’s rights of ownership as many studies do, I suggest that a much longer chronology of laws iv and practices must be considered in understanding the long sweep of evolving laws and practices affecting women’s rights of property regardless of marital status that filtered into the plots of contemporary fictions. I begin in the mid-eighteenth century and expand into the first decades of the twentieth century as the natural termination point for novels of female displacement. In addition to those common law practices generally associated with marriage such as coverture, or inheritance practices that preference the male line such as primogeniture, including the 1753 Marriage Act, the practice of Parliamentary Enclosure, the Inheritance Act of 1833, the several Asylum and Madhouse Acts enacted in this period, and the Reform Act of 1832, among other laws whose influence on the shape of fictions is palpable within plots or sub-plots that mirror the preference for the preservation of landed interests while simultaneously destabilizing women’s rights in property and place. I begin with Maria Edgeworth’s Castle Rackrent (1800) and its contestation of masculine historicity and its exclusion of women from the national narrative as symbolic of their physical exclusion from rights in the eponymous castle that Edgeworth suggests is not only a function of the uncertain political climate, but of the imposition of English laws and practices. Straddling the eighteenth and nineteenth centuries, and written on the eve of Anglo-Irish Union, this short novel demonstrates how uncertain temporal and political boundaries offer opportunities that women can use to gain some wealth or property within a transforming Ireland. Eschewing the marriage plot formula, Edgeworth demonstrates how a combination of ancient Irish customs and the manipulation of English laws and practices can provide women with material benefits, even if they cannot own or remain at the titular property. Chapter three examines Jane Austen’s Juvenilia and v its bold assault on the inheritance practices that favored men and the mercenary marriages facilitated by Hardwicke’s Act of 1753. Often discounted in Austen’s canon as merely preliminary to her development as a writer, I suggest that because the juvenilia was not intended for publication, it provides uncensored access to one of Austen’s chief concerns, the displacement and disinheritance of women, including women’s omission from masculine historicity. The significance of these early works is that Austen both returns to them for characters, plots and language in her mature novels, but also that the concerns she first articulates in her juvenile writings about women’s legal place in English society remained constant and continued to inform her mature novels. Chapter four focuses on Austen’s mature novels, and suggests that the marriage plot paradigm is merely the cover story Austen uses to question marriage and inheritance practices that displaced women, achieved by structuring her plots like modern exile narratives using spatial tropes that subvert the laws and practices that precipitate women’s displacement. Chapter five is organized differently than the previous chapters. Rather than focusing on a single author, I instead discuss three counter-narrative formulations that contest or even sideline the dominant marriage plot paradigm, beginning with the asylum plot used in novels such as Wilkie Collins’s The Woman in White and Charlotte Brontë’s Jane Eyre, in which wives are confined or committed once their assets are exploited; the escape plot, which repudiates women’s subsumation in marriage by encouraging self-displacement and reclamation as in Anne Brontë’s The Tenant of Wildfell Hall; and the female utopian community, an alternative to marriage that provides women with permanence of place as in Sarah Scott’s Millenium Hall, or the female networks depicted in Elizabeth Gaskell’s Cranford and George Gissing’s The Odd Women. While most studies of women and vi property in nineteenth-century novels end at the passage of the 1882 Married Women’s Property Act, in the Conclusion I suggest that narratives of female displacement persisted into the twentieth century in works such as E.M. Forster’s Howard’s End and Gertrude Colmore’s polemic on Edwardian politics, Suffragette Sally. These novels address the gendered disparity in education, employment, and voting rights as mechanisms of female displacement. The study ends with the 1918 Representation of the People Act, and the 1919 Sex Disqualification Act which restored various rights of citizenship, including voting rights to women, noting a concomitant cessation of narratives of female displacement. vii Dedications I dedicate this to all those I lost during my doctoral studies and the writing of this dissertation: First to my parents, Sam and Pearl Martin, who never understood why I wanted to pursue a PhD. and never saw me complete this dissertation so they could. Second, to my friend, mentor, and fellow Jane Austen enthusiast, Dr. Marilyn Gaddis Rose, who will always be a member of my Committee. Third, to my lovely boy, Wilkie, who died in my arms. And last, to my younger sister, Denise, who was gone much too fast and far too soon, and who always thought that if I was going to write a dissertation it should be about color imagery in “The Miller’s Tale.” Alas, it is not. I also dedicate this dissertation to my Mr. Darcy. viii Acknowledgements I would like to first and foremost thank the members of my committee, Professor Nancy Henry, Professor Michael Conlon, and particularly Professor Gayle Whittier, for their encouragement, patience, guidance, and understanding of circumstances beyond my control that demanded my attention and energies and became far more attenuated than I could ever have anticipated. I also thank Dr. Cheryl A. Wilson for stepping in as my outside reader when I lost a member of my Committee, and for her valuable comments. In addition, I would like to thank the Graduate School of Binghamton University for extending my time to completion due to the additional duties imposed on me by the deaths of all my family members.
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