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Roman Law, Scots Law and Legal HistorySelected Essays$
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William Gordon

Print publication date: 2007

Print ISBN-13: 9780748625161

Published to Edinburgh Scholarship Online: September 2012

DOI: 10.3366/edinburgh/9780748625161.001.0001

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PRINTED FROM EDINBURGH SCHOLARSHIP ONLINE (www.edinburgh.universitypressscholarship.com). (c) Copyright Edinburgh University Press, 2021. All Rights Reserved. An individual user may print out a PDF of a single chapter of a monograph in ESO for personal use.date: 18 September 2021

The Right of Women to Graduate in Medicine – Scottish Judicial Attitudes in the Nineteenth Century☼

The Right of Women to Graduate in Medicine – Scottish Judicial Attitudes in the Nineteenth Century☼

Chapter:
(p.179) 15 The Right of Women to Graduate in Medicine – Scottish Judicial Attitudes in the Nineteenth Century
Source:
Roman Law, Scots Law and Legal History
Author(s):

William M Gordon

Publisher:
Edinburgh University Press
DOI:10.3366/edinburgh/9780748625161.003.0015

This article traces the course of the attempts of Sophia Jex-Blake and other women to be allowed to attend classes in medicine in Edinburgh University and graduate, with a view to registration under the Medical Act of 1858. The action brought against the University, Jex-Blake v Senatus Academicus of the University of Edinburgh, which was laid before the Whole Court, failed but only by seven votes to five. Even among the minority, however, there was not unqualified support for the women's case. Ultimately it was necessary to rely on Parliament to grant the necessary powers to Scottish universities under the Universities (Scotland) Act 1889. The reported arguments in the case are usefully supplemented by the relevant Session Papers which offer a valuable source for legal history.

Keywords:   Sophia Jex-Blake, Constitution of universities, Custom, Discrimination against women, Session Papers

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