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Christian Boulanger
experiments
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b61faf15
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b61faf15
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5 months ago
by
Christian Boulanger
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b61faf15
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@@ -66,22 +66,7 @@ blank |
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meta | © Blackwell Publishers Ltd 1997
meta | © Blackwell Publishers Ltd 1997
text | for women. The overwhelming significance of the interests of corporate
text | for women. The overwhelming significance of the interests of corporate
| capital, particularly the role of financial institutions, has exerted pressure to
| capital, particularly the role of financial institutions, has exerted pressure to
| retain the presumption of indivisibility.
| (text omitted for legal reasons)
| I will begin with a fraud case, for it reveals how widespread are assumptions
| of wifely passivity. In Mercantile Mutual Life Insurance v. Gosper,50 the
| husband forged the wife’s signature to increase substantially the mortgage
| over her home. A cheque was drawn in favour of the wife and paid into a
| company controlled by her husband. The sum was then withdrawn by him.
| The fraud on the wife came to light only on the death of the husband.
| While two of the three judges agreed that the wife’s equitable interest
| should be enforced as a result of the forgery, the derisory way in which the
| wife was treated by the insurance company, the law firm, and the bank (all
| of which had unquestioningly accepted the authority of the husband)
| highlights the fragility of active citizenship for wives. The husband, a
| barrister, was automatically assigned active citizenship status. The wife, even
| though she was the registered owner of the property, was assigned no status
| other than that of the passive subject, that is, ‘his wife’.51 Kirby P. was the
| one judge to question this assignation:
| One can see at work in the facts of this case the remnants of an attitude to a wife, as a
| One can see at work in the facts of this case the remnants of an attitude to a wife, as a
| mere extension of the husband’s property and financial interests. (p. 35)
| mere extension of the husband’s property and financial interests. (p. 35)
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