{"title":"Construction of Gendered Legal Personhood in the History of Finnish Law","authors":"Anu Pylkkänen","doi":"10.7146/fof.v44i3.133026","DOIUrl":"https://doi.org/10.7146/fof.v44i3.133026","url":null,"abstract":"In common law, women were not classified as legal persons until 1930. In the Ger-man legal tradition, the territories influenced by Roman Law, ius commune, had recognized women as legal persons already in the early 19th century, but this development was later slowed down by the regulation of marital authority and of the husband’s right over the wife’s person in the German Civil Code, BGB, in 1896. In Finland, unmarried women gained legal independence in 1864, when the guardianship of women under 25 was abolished. But it was only by the 1929 Marriage Act that married women were given full legal personhood, much later than they received political rights, universal franchise and eligibility, which had hap-pened already in 1906. The egalitarian ethos of legal modernization did indeed contain also deeply rooted patriarchal undercurrents, and thus it was not without tension such develop-ments took place. In order to understand some of the contemporary problems linked with full implementation of equality, it can be useful to look at the modern person construction when it was first developed.","PeriodicalId":219437,"journal":{"name":"Fund og Forskning i Det Kongelige Biblioteks Samlinger","volume":"132 1","pages":"0"},"PeriodicalIF":0.0,"publicationDate":"2005-10-14","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"114471558","PeriodicalName":null,"FirstCategoryId":null,"ListUrlMain":null,"RegionNum":0,"RegionCategory":"","ArticlePicture":[],"TitleCN":null,"AbstractTextCN":null,"PMCID":"","EPubDate":null,"PubModel":null,"JCR":null,"JCRName":null,"Score":null,"Total":0}
{"title":"“Et vedoando sia donna et madonna”: Guardianship and Remarriage in Sixteenth-Century Venice","authors":"A. Bellavitis","doi":"10.7146/fof.v44i3.133002","DOIUrl":"https://doi.org/10.7146/fof.v44i3.133002","url":null,"abstract":"Widowhood and GuardianshipThe Roman law was very clear: widows couldn’t have guardianship of their minor children, because, according to Yan Thomas’ interpretation, the juridical capacity of women was limited to their own person. In fact, in most cases, Roman widows or divorced women kept their children with them, to bring them up and to educate them, but there was always a male guardian, to whom accounts could be asked.","PeriodicalId":219437,"journal":{"name":"Fund og Forskning i Det Kongelige Biblioteks Samlinger","volume":"17 1","pages":"0"},"PeriodicalIF":0.0,"publicationDate":"2005-10-14","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"121127082","PeriodicalName":null,"FirstCategoryId":null,"ListUrlMain":null,"RegionNum":0,"RegionCategory":"","ArticlePicture":[],"TitleCN":null,"AbstractTextCN":null,"PMCID":"","EPubDate":null,"PubModel":null,"JCR":null,"JCRName":null,"Score":null,"Total":0}
{"title":"Less Favored – More Favored? Women’s Approaches to Property After Re-marriage During the Second Half of the 18th Century","authors":"Grochowina Grochowina","doi":"10.7146/fof.v44i3.132988","DOIUrl":"https://doi.org/10.7146/fof.v44i3.132988","url":null,"abstract":"Due to the greater interest in the relationship between gender and history, as it has been emphasized after the “cultural turn” of the 1990s, questions concerning women’s roles in early modern legal practice became an important focus of research, too. First of all, criminal laws came into view: Questions were raised, why women were being hunted as witches, and whether they should be regarded as victims of the legal system. Furthermore, studies asked, how gender was constructed, when, for instance, fornication was being tried at court. \u0000Despite these efforts, research did not focus on civil legal practice with the same inten-sity. It appeared, that corresponding cases were regarded as less spectacular than issues of criminal law. Moreover, the existence of several judicial instruments like the guardianship seemed to have suggested that women could not be regarded as independently acting subjects of law. Instead, they were expelled from early modern legal culture. Nevertheless, it has to be argued, that such an impression is not sufficient enough to understand the relationship be-tween gender and law in the early modern society. In fact, it appears that women were not excluded from civil legal practice at all. Studies on marriage, marriage contracts and inheri-tance of women suggest a different picture.","PeriodicalId":219437,"journal":{"name":"Fund og Forskning i Det Kongelige Biblioteks Samlinger","volume":"19 1","pages":"0"},"PeriodicalIF":0.0,"publicationDate":"2005-10-14","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"117132077","PeriodicalName":null,"FirstCategoryId":null,"ListUrlMain":null,"RegionNum":0,"RegionCategory":"","ArticlePicture":[],"TitleCN":null,"AbstractTextCN":null,"PMCID":"","EPubDate":null,"PubModel":null,"JCR":null,"JCRName":null,"Score":null,"Total":0}
{"title":"Bolle Willum Luxdorphs samling af trykkefrihedens skrifter 1770-1773","authors":"Henrik Horstbøll","doi":"10.7146/fof.v44i1.40636","DOIUrl":"https://doi.org/10.7146/fof.v44i1.40636","url":null,"abstract":"Bibliografi over samlingens 46 bind:1. række: 20 bind fra 14. september 1770 frem til 17. januar 17722. række: 25 bind fra tiden efter Struensees fald 17. Januar 1772, samt et enkelt bind i kvart-format.Samlingen er præsenteret i Fund og Forskning, bd. 44, 2005, s. 397-440.","PeriodicalId":219437,"journal":{"name":"Fund og Forskning i Det Kongelige Biblioteks Samlinger","volume":"224 1","pages":"0"},"PeriodicalIF":0.0,"publicationDate":"2005-10-05","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"122609827","PeriodicalName":null,"FirstCategoryId":null,"ListUrlMain":null,"RegionNum":0,"RegionCategory":"","ArticlePicture":[],"TitleCN":null,"AbstractTextCN":null,"PMCID":"","EPubDate":null,"PubModel":null,"JCR":null,"JCRName":null,"Score":null,"Total":0}
{"title":"To rule and to prepare: Claudia de’ Medici and her European “fellow widows”","authors":"Astrid Von Schlachta","doi":"10.7146/fof.v44i3.133004","DOIUrl":"https://doi.org/10.7146/fof.v44i3.133004","url":null,"abstract":"In his book Familien = Stats=Recht Derer Teutschen Reichsstände from 1745 Johann Jacob Moser, a legal scholar from Wuertemberg, wrote the following on early modern widows, ruling as guardians for their sons: “Some may, when asked, not give a penny for a form of government whereby female guardians may rule nations, but 1. this is a quaestio consilii and not juris, 2. one cannot deny that royal houses and their country have fared as well– if not better – during the rule of a female guardian than during the reign of males. In this question one cannot state firm rules.”","PeriodicalId":219437,"journal":{"name":"Fund og Forskning i Det Kongelige Biblioteks Samlinger","volume":"32 1","pages":"0"},"PeriodicalIF":0.0,"publicationDate":"2005-05-28","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"114060332","PeriodicalName":null,"FirstCategoryId":null,"ListUrlMain":null,"RegionNum":0,"RegionCategory":"","ArticlePicture":[],"TitleCN":null,"AbstractTextCN":null,"PMCID":"","EPubDate":null,"PubModel":null,"JCR":null,"JCRName":null,"Score":null,"Total":0}
{"title":"Voksende Samlinger. Om at skabe, arkivere og forske i folkloristiske optegnelser","authors":"L. Andersen","doi":"10.7146/fof.v58i0.125302","DOIUrl":"https://doi.org/10.7146/fof.v58i0.125302","url":null,"abstract":"Lene Vinther Andersen: Growing Collections: Recording, Archiving and Researching early Danish Folklore \u0000The article gives an introduction to the original main collection of the Danish Folklore Archives, entitled Voksende Samlinger (Growing Collections). Growing Collections is an abundant collection of records on folklore and immaterial culture with a focus on the 19th century. Yet the material can appear complicated to understand, fragmented and difficult to use for archive users who are not already familiar with the field and its history. The article examines the cataloguing principles and working methods of the Growing Collections, as well as the visions and ideas on which they are based. It is the ambition of the article to give readers insights into the possibilities and limitations of the Growing Collections, and to encourage readers to use the collection for their own research. A review of the cataloguing structure of the Growing Collections reveals that the records are systematically divided into a number of subject categories following a system devised by Svend Grundtvig in 1861. This systematization is associated with a fundamental conception of folklore as being a source to access a distant past. A close reading of the instructions and articles intended for potential folklore collectors gives an idea of how the researchers of the archives tried to control the form and content of the records created for the archives. Their goal was to collect, cleanse, split up and archive folklore records in the collections, which the researchers would later process and return to the general public as a large number of source publications that generally matched the subject categories of the archives. The publications turned out to be more demanding than first assumed, and the work was not achieved to the extent foreseen. Yet the Danish Folklore Archives continued to create archive material based on the aforementioned working methods and ideals up to around 1960, and the result was a well-ordered collection of folklore records with detailed metadata and an extensive catalogue. It is also a collection characterised by a radical splitting-up of material, and a focus on subjects that interested the researchers at the time. In view of the history of the Growing Collections and its underlying philosophy, it will, however, be possible to locate material that is of relevance to contemporary research interests, and the use of consistent metadata makes it possible to cross-reference both the material in the Growing Collections and in other archives. The article concludes with some specific proposals for the use of the material in cultural history research, as well as some reservations with regard to methodology that might be considered.","PeriodicalId":219437,"journal":{"name":"Fund og Forskning i Det Kongelige Biblioteks Samlinger","volume":"37 1","pages":"0"},"PeriodicalIF":0.0,"publicationDate":"1900-01-01","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"127725237","PeriodicalName":null,"FirstCategoryId":null,"ListUrlMain":null,"RegionNum":0,"RegionCategory":"","ArticlePicture":[],"TitleCN":null,"AbstractTextCN":null,"PMCID":"","EPubDate":null,"PubModel":null,"JCR":null,"JCRName":null,"Score":null,"Total":0}