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Author: Anne Lefebvre-Teillard
Publisher: BRILL
ISBN: 9047442601
Category : History
Languages : en
Pages : 395
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Book Description
The present “revolution” in biological technology is leading lawyers to fundamentally reconsider the laws of human reproduction .What is at stake is not only the transmission of life but also the transmission of a certain order of the things on which society is based. This is the reason why the law has always sought to regulate the transmission of life. Covering themes from Canon and medieval Roman Law to the 1804 ‘Code civil’, the work includes twenty-three articles on the history of law about a number of modern-day questions. They deal with the close connections long maintained between marriage and procreation; with natural and legal "filiation" especially regarding the very delicate problems of evidence; with the institution of legitimation but also of the child as a person. There is also an article on the important matter of the "conceived child".
Author: Anne Lefebvre-Teillard
Publisher: BRILL
ISBN: 9047442601
Category : History
Languages : en
Pages : 395
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Book Description
The present “revolution” in biological technology is leading lawyers to fundamentally reconsider the laws of human reproduction .What is at stake is not only the transmission of life but also the transmission of a certain order of the things on which society is based. This is the reason why the law has always sought to regulate the transmission of life. Covering themes from Canon and medieval Roman Law to the 1804 ‘Code civil’, the work includes twenty-three articles on the history of law about a number of modern-day questions. They deal with the close connections long maintained between marriage and procreation; with natural and legal "filiation" especially regarding the very delicate problems of evidence; with the institution of legitimation but also of the child as a person. There is also an article on the important matter of the "conceived child".
Author: Internationale Vereinigung für Vergleichende Rechtswissenschaft und Volkswirtschaftslehre zu Berlin
Publisher:
ISBN:
Category : Berlin (Germany)
Languages : en
Pages : 1046
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Book Description
Author: Matthew Gerber
Publisher: Oxford University Press
ISBN: 0199921067
Category : History
Languages : en
Pages : 287
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Book Description
Children born out of wedlock were commonly stigmatized as "bastards" in early modern France. Deprived of inheritance, they were said to have neither kin nor kind, neither family nor nation. Why was this the case? Gentler alternatives to "bastard" existed in early modern French discourse, and many natural parents voluntarily recognized and cared for their extramarital offspring. Drawing upon a wide array of archival and published sources, Matthew Gerber has reconstructed numerous disputes over the rights and disabilities of children born out of wedlock in order to illuminate the changing legal condition and practical treatment of extramarital offspring over a period of two and half centuries. Gerber's study reveals that the exclusion of children born out of wedlock from the family was perpetually debated. In sixteenth- and seventeenth-century France, royal law courts intensified their stigmatization of extramarital offspring even as they usurped jurisdiction over marriage from ecclesiastic courts. Mindful of preserving elite lineages and dynastic succession of power, reform-minded jurists sought to exclude illegitimate children more thoroughly from the household. Adopting a strict moral tone, they referred to illegitimate children as "bastards" in an attempt to underscore their supposed degeneracy. Hostility toward extramarital offspring culminated in 1697 with the levying of a tax on illegitimate offspring. Contempt was never unanimous, however, and in the absence of a unified body of French law, law courts became vital sites for a highly contested cultural construction of family. Lawyers pleading on behalf of extramarital offspring typically referred to them as "natural children." French magistrates grew more receptive to this sympathetic discourse in the eighteenth century, partly in response to soaring rates of child abandonment. As costs of "foundling" care increasingly strained the resources of local communities and the state, some French elites began to publicly advocate a destigmatization of extramarital offspring while valorizing foundlings as "children of the state." By the time the Code Civil (1804) finally established a uniform body of French family law, the concept of bastardy had become largely archaic. With a cast of characters ranging from royal bastards to foundlings, Bastards explores the relationship between social and political change in the early modern era, offering new insight into the changing nature of early modern French law and its evolving contribution to the historical construction of both the family and the state.
Author:
Publisher:
ISBN:
Category : Encyclopedias and dictionaries, French
Languages : fr
Pages :
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Book Description
Author: Matthew Dean Gerber
Publisher:
ISBN:
Category :
Languages : en
Pages : 976
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Book Description
Author: League of Nations. Advisory Committee on Social Questions
Publisher:
ISBN:
Category : Children
Languages : en
Pages : 216
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Book Description
Author:
Publisher:
ISBN:
Category :
Languages : en
Pages : 588
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Book Description
Author: Charles Fleming (Professor at the College Louis-le-Grand.)
Publisher:
ISBN:
Category :
Languages : en
Pages : 1256
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Book Description
Author:
Publisher:
ISBN:
Category : Law
Languages : fr
Pages : 976
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Book Description
Author: Acadimie de Droit International de La Haye
Publisher: Martinus Nijhoff Publishers
ISBN: 9789028608726
Category : Law
Languages : en
Pages : 872
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Book Description
The Academy is a prestigious international institution for the study and teaching of Public and Private International Law and related subjects. The work of the Hague Academy receives the support and recognition of the UN. Its purpose is to encourage a thorough and impartial examination of the problems arising from international relations in the field of law. The courses deal with the theoretical and practical aspects of the subject, including legislation and case law. All courses at the Academy are, in principle, published in the language in which they were delivered in the "Collected Courses of the Hague Academy of International Law .
