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In her study of New Haven, Connecticut, covering the period 1639-1789, Comelia Dayton argues that during the seventeenth century, colonial women had easy access to New Haven's courts, where their concerns and complaints were taken seriously by Puritan magistrates. These magistrates deviated from English legal practice by eschewing lawyers and simplifying procedures, thereby allowing, even encouraging, women's participation in litigation.
But by the early eighteenth century, Dayton contends New Haven's courts, like those of other British colonial areas, were reverting to English legal procedures, engaging lawyers to arque cases, and focusing more on property issues. These changes resulted primarily from an expanding economy that brought about new forms of credit, vastly augmented indebtedness, contact with nonlocal markets, and sharper class and racial distinctions. These factors worked to marginalize colonia women's economic contributions to their families and to diminish their influence in their communities and their usefulness to judges and juries in what Dayton calls the "litigated economy." In this "anglicized legal environment" patriarchal authority became more deeply entrenched, the spheres of public and private activity were restructured, and colonial women became less visible participants in a legal arena that now catered primarily to colonial men's interests.
But by the early eighteenth century, Dayton contends New Haven's courts, like those of other British colonial areas, were reverting to English legal procedures, engaging lawyers to arque cases, and focusing more on property issues. These changes resulted primarily from an expanding economy that brought about new forms of credit, vastly augmented indebtedness, contact with nonlocal markets, and sharper class and racial distinctions. These factors worked to marginalize colonia women's economic contributions to their families and to diminish their influence in their communities and their usefulness to judges and juries in what Dayton calls the "litigated economy." In this "anglicized legal environment" patriarchal authority became more deeply entrenched, the spheres of public and private activity were restructured, and colonial women became less visible participants in a legal arena that now catered primarily to colonial men's interests.
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