Crivelli on Eighteenth-Century English Marriage and Inheritance Law in Pride and Prejudice

Chiara Crivelli (no affiliation provided) has published Eighteenth - Century English Marriage and Inheritance Law in Pride and Prejudice. Here is the abstract.

This paper examines how Pride and Prejudice reflects the intersection of marriage, inheritance, and gender in late-eighteenth and early-nineteenth-century England, with a focus on the legal implications for women. The central research question is: “How does Pride and Prejudice engage with contemporary marriage and inheritance laws to reflect the economic and legal dependencies of women in this period?” Using a socio-legal historical approach, the paper explores the legal doctrines of coverture and entailment, tracing their historical development from the De Donis Conditionalibus clause in the Statute of Westminster (1285) to their application in Austen’s time. The analysis draws on legal scholarship, particularly J.H. Baker’s work on English property law, to examine how Austen’s treatment of inheritance laws—particularly entailments—shapes the financial prospects and autonomy of women in the novel. The paper is structured as follows: the first chapter provides a biographical and thematic overview of Austen’s work. The second chapter situates Pride and Prejudice within the social and legal context of Austen's England, focusing on class structure and gender norms. The third chapter explores the legal implications of marriage, particularly the doctrines of coverture and their impact on women’s legal identity. The fourth chapter focuses on inheritance law, specifically entailments, and their role in restricting women’s financial autonomy. Ultimately, this paper argues that Pride and Prejudice critiques the restrictive legal and social systems of its time, illustrating how marriage served as both a means of survival and a legal constraint for women.

Download the paper from SSRN at the link.