"She Stedfastly Accused Him in the Time of Her Travail": Women's Words and Paternity Suits in 18th-Century Massachusetts

Authors

Kristin A. Olbertson, Alma College

Abstract

The article examines the decline of women's testimony in bastardy cases in post-revolutionary Massachusetts, arguing that this shift was driven by changing gender ideologies, the Anglicization of legal procedures, and the increasing exclusion of women from authoritative roles. While women's testimony was once central to determining paternity, by the late 18th century, male jurors became the primary decision-makers, reflecting broader societal efforts to restrict women's public roles. The analysis highlights how this transition underscores the intersection of legal and cultural changes in early America.

Disciplines

Jurisprudence | Law | Law and Gender

Recommended Citation

Kristin A. Olbertson, "She Stedfastly Accused Him in the Time of Her Travail": Women's Words and Paternity Suits in 18th-Century Massachusetts, 19 Cardozo J. Equal Rts. & Soc. Just. 41 (2012).
Available at: https://larc.cardozo.yu.edu/cardozoersj/vol19/iss1/4