Skip to main content Accessibility help
×
Hostname: page-component-76fb5796d-22dnz Total loading time: 0 Render date: 2024-04-26T12:24:14.871Z Has data issue: false hasContentIssue false

3 - When Two Worlds Collide: Marriage and the Law in Medieval Ireland

Published online by Cambridge University Press:  05 July 2013

Gillian Kenny
Affiliation:
University College Dublin
Cordelia Beattie
Affiliation:
University of Edinburgh
Matthew Frank Stevens
Affiliation:
Swansea University
Get access

Summary

After the Anglo-Norman invasion of 1169 two entirely different legal systems concerning women and their rights upon marriage co-existed within Ireland. One system was based on the principles and tenets of the English common law which the invaders brought with them in the later twelfth century. This legal system enforced coverture, that is, the basic premise that, legally, married women were under the rule of their husbands. In contrast to this, Gaelic Irish society functioned according to its own ancient legal code, commonly called the Brehon law, which had reached its apogee and received codification in the seventh and eighth centuries but which was still in use in the later medieval period. Under this system women's rights after marriage were often very different from those provided for under the imported English common law. Because the two co-existing legal systems and societies were so different, women's experiences after marriage varied greatly within Ireland. These systems flourished and evolved separately but did not integrate or amalgamate in any way successfully. Of course certain habits and practices were adopted by both sides, but not to a significant extent. Indeed there was no overwhelming desire on either side to accommodate the traditions of the other, and thus these two societies grew ever more separate and alien to each other. Problems also occurred when intermarriage took place, as often both the married couple and those around them were confused as to which legal system to follow when it came to the woman's rights at marriage.

Type
Chapter
Information
Publisher: Boydell & Brewer
Print publication year: 2013

Access options

Get access to the full version of this content by using one of the access options below. (Log in options will check for institutional or personal access. Content may require purchase if you do not have access.)

Save book to Kindle

To save this book to your Kindle, first ensure coreplatform@cambridge.org is added to your Approved Personal Document E-mail List under your Personal Document Settings on the Manage Your Content and Devices page of your Amazon account. Then enter the ‘name’ part of your Kindle email address below. Find out more about saving to your Kindle.

Note you can select to save to either the @free.kindle.com or @kindle.com variations. ‘@free.kindle.com’ emails are free but can only be saved to your device when it is connected to wi-fi. ‘@kindle.com’ emails can be delivered even when you are not connected to wi-fi, but note that service fees apply.

Find out more about the Kindle Personal Document Service.

Available formats
×

Save book to Dropbox

To save content items to your account, please confirm that you agree to abide by our usage policies. If this is the first time you use this feature, you will be asked to authorise Cambridge Core to connect with your account. Find out more about saving content to Dropbox.

Available formats
×

Save book to Google Drive

To save content items to your account, please confirm that you agree to abide by our usage policies. If this is the first time you use this feature, you will be asked to authorise Cambridge Core to connect with your account. Find out more about saving content to Google Drive.

Available formats
×