Similarities Between Early Irish Marital Property Law and California Community Property: The Economic Significance of a Wife's Labor

Newcombe, Caroline Bermeo

Journal: Cardozo Journal of Equal Rights & Social Justice

Volume: 20

First Page: 33

Year: 2013

Bluebook Citation: 20 CARDOZO J. EQUAL RTS. & SOC. JUST. 33 (2013)

Author: Caroline Bermeo Newcombe: all 3 publications


Abstract

The article presents a comparative analysis of two marital property systems: California's community property system and the ancient Irish Brehon law. Despite their temporal and cultural differences, both systems remarkably recognize women's rights to own property, allow unilateral divorce, and value the economic contribution of wives. This comparison highlights progressive legal ideas and critiques the impact of colonialism on legal frameworks, particularly the erosion of Brehon law through cases like Gavelkind, which replaced it with English common law and undermined women's rights.

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