Paraphernalia
Encyclopedia
In modern usage, the word paraphernalia most commonly refers to apparatus, equipment, or furnishing used in or necessary for a particular activity as in, "Beth is such an avid sports fan that her walls are covered with baseball paraphernalia".
In legal parlance, "paraphernalia" is a term of art from older family law
. The word "paraphernalia" is plural, meaning "things beyond the dowry". Paraphernalia were the separate property
of a married woman, such as clothing
and jewelry "appropriate to her station", but excluding the assets that may have been included in her dowry
. The term originated in Roman law
, but ultimately comes from Greek παράφερνα ('
parapherna), "beyond (para) the dowry (phernē)".
These sorts of property were considered the separate property of a married woman under coverture
. A husband could not sell, appropriate, or convey good title to his wife's assets considered paraphernalia without her separate consent. They did not become a part of her husband's estate
upon his death, and could be conveyed by a married woman's will.
The legal concept of paraphernalia in this sense is an important plot point
in Anthony Trollope
's novel The Eustace Diamonds
. In the novel, it was a matter of some consequence whether the title jewelry was an heirloom, property of the heirs, or a woman's paraphernalia, freely alienable by her. Changes in family law
and inheritance law
mirroring trends in the wider society, such as the several Married Woman's Property Act
s of the various common law jurisdictions, have generally rendered the legal concept of paraphernalia obsolete.
"Paraphernalia" often refers to drug paraphernalia
.
In legal parlance, "paraphernalia" is a term of art from older family law
Family law
Family law is an area of the law that deals with family-related issues and domestic relations including:*the nature of marriage, civil unions, and domestic partnerships;...
. The word "paraphernalia" is plural, meaning "things beyond the dowry". Paraphernalia were the separate property
Extra-dotal property
In Louisiana law, extra-dotal property is that property which forms no part of the dowry of a woman , but is hers alone...
of a married woman, such as clothing
Clothing
Clothing refers to any covering for the human body that is worn. The wearing of clothing is exclusively a human characteristic and is a feature of nearly all human societies...
and jewelry "appropriate to her station", but excluding the assets that may have been included in her dowry
Dowry
A dowry is the money, goods, or estate that a woman brings forth to the marriage. It contrasts with bride price, which is paid to the bride's parents, and dower, which is property settled on the bride herself by the groom at the time of marriage. The same culture may simultaneously practice both...
. The term originated in Roman law
Roman law
Roman law is the legal system of ancient Rome, and the legal developments which occurred before the 7th century AD — when the Roman–Byzantine state adopted Greek as the language of government. The development of Roman law comprises more than a thousand years of jurisprudence — from the Twelve...
, but ultimately comes from Greek παράφερνα ('
parapherna), "beyond (para) the dowry (phernē)".
These sorts of property were considered the separate property of a married woman under coverture
Coverture
Coverture was a legal doctrine whereby, upon marriage, a woman's legal rights were subsumed by those of her husband. Coverture was enshrined in the common law of England and the United States throughout most of the 19th century...
. A husband could not sell, appropriate, or convey good title to his wife's assets considered paraphernalia without her separate consent. They did not become a part of her husband's estate
Estate (law)
An estate is the net worth of a person at any point in time. It is the sum of a person's assets - legal rights, interests and entitlements to property of any kind - less all liabilities at that time. The issue is of special legal significance on a question of bankruptcy and death of the person...
upon his death, and could be conveyed by a married woman's will.
The legal concept of paraphernalia in this sense is an important plot point
Plot point
In television and film, a plot point is a significant event within a plot that digs into the action and spins it around in another direction. It can also be an object of significant importance, around which the plot revolves. It can be anything from an event to an item to the discovery of a...
in Anthony Trollope
Anthony Trollope
Anthony Trollope was one of the most successful, prolific and respected English novelists of the Victorian era. Some of his best-loved works, collectively known as the Chronicles of Barsetshire, revolve around the imaginary county of Barsetshire...
's novel The Eustace Diamonds
The Eustace Diamonds
The Eustace Diamonds is a novel by Anthony Trollope, first published in 1871 as a serial in the Fortnightly Review. It is the third of the "Palliser" series of novels.-Plot summary:...
. In the novel, it was a matter of some consequence whether the title jewelry was an heirloom, property of the heirs, or a woman's paraphernalia, freely alienable by her. Changes in family law
Family law
Family law is an area of the law that deals with family-related issues and domestic relations including:*the nature of marriage, civil unions, and domestic partnerships;...
and inheritance law
Inheritance
Inheritance is the practice of passing on property, titles, debts, rights and obligations upon the death of an individual. It has long played an important role in human societies...
mirroring trends in the wider society, such as the several Married Woman's Property Act
Married Women's Property Act 1882
The Married Women's Property Act 1882 was an Act of the Parliament of the United Kingdom that significantly altered English law regarding the property rights granted to married women, allowing them to own and control their own property....
s of the various common law jurisdictions, have generally rendered the legal concept of paraphernalia obsolete.
"Paraphernalia" often refers to drug paraphernalia
Drug paraphernalia
Drug paraphernalia is a term used, often with a slightly negative connotation due to its use in criminal law field e.g. "possession of drug paraphernalia", to denote any equipment, product, or material that is modified for making, using, or concealing drugs, typically for recreational purposes...
.