Marriage Law and Practice in the Long Eighteenth Century PDF Download
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Author: Rebecca Probert
Publisher: Cambridge University Press
ISBN: 1139479768
Category : History
Languages : en
Pages :
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Book Description
This book uses a wide range of primary sources - legal, literary and demographic - to provide a radical reassessment of eighteenth-century marriage. It disproves the widespread assumption that couples married simply by exchanging consent, demonstrating that such exchanges were regarded merely as contracts to marry and that marriage in church was almost universal outside London. It shows how the Clandestine Marriages Act of 1753 was primarily intended to prevent clergymen operating out of London's Fleet prison from conducting marriages, and that it was successful in so doing. It also refutes the idea that the 1753 Act was harsh or strictly interpreted, illustrating the courts' pragmatic approach. Finally, it establishes that only a few non-Anglicans married according to their own rites before the Act; while afterwards most - save the exempted Quakers and Jews - similarly married in church. In short, eighteenth-century couples complied with whatever the law required for a valid marriage.
Author: Rebecca Probert
Publisher: Cambridge University Press
ISBN: 1139479768
Category : History
Languages : en
Pages :
Get Book Here
Book Description
This book uses a wide range of primary sources - legal, literary and demographic - to provide a radical reassessment of eighteenth-century marriage. It disproves the widespread assumption that couples married simply by exchanging consent, demonstrating that such exchanges were regarded merely as contracts to marry and that marriage in church was almost universal outside London. It shows how the Clandestine Marriages Act of 1753 was primarily intended to prevent clergymen operating out of London's Fleet prison from conducting marriages, and that it was successful in so doing. It also refutes the idea that the 1753 Act was harsh or strictly interpreted, illustrating the courts' pragmatic approach. Finally, it establishes that only a few non-Anglicans married according to their own rites before the Act; while afterwards most - save the exempted Quakers and Jews - similarly married in church. In short, eighteenth-century couples complied with whatever the law required for a valid marriage.
Author: Rebecca Probert
Publisher: Cambridge University Press
ISBN: 1316518280
Category : History
Languages : en
Pages : 299
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Book Description
Analyses marriage law's development since 1836-its complexity, failures to respond to societal change, and constraints on different beliefs.
Author: American Bar Association. House of Delegates
Publisher: American Bar Association
ISBN: 9781590318737
Category : Law
Languages : en
Pages : 216
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Book Description
The Model Rules of Professional Conduct provides an up-to-date resource for information on legal ethics. Federal, state and local courts in all jurisdictions look to the Rules for guidance in solving lawyer malpractice cases, disciplinary actions, disqualification issues, sanctions questions and much more. In this volume, black-letter Rules of Professional Conduct are followed by numbered Comments that explain each Rule's purpose and provide suggestions for its practical application. The Rules will help you identify proper conduct in a variety of given situations, review those instances where discretionary action is possible, and define the nature of the relationship between you and your clients, colleagues and the courts.
Author: William Gibson
Publisher: Bloomsbury Publishing
ISBN: 1786721570
Category : Religion
Languages : en
Pages : 446
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Book Description
The Long Eighteenth Century was the Age of Revolutions, including the first sexual revolution. In this era, sexual toleration began and there was a marked increase in the discussion of morality, extra-marital sex, pornography and same-sex relationships in both print and visual culture media. William Gibson and Joanne Begiato here consider the ways in which the Church of England dealt with sex and sexuality in this period. Despite the backdrop of an increasingly secularising society, religion continued to play a key role in politics, family life and wider society and the eighteenth-century Church was still therefore a considerable force, especially in questions of morality. This book integrates themes of gender and sexuality into a broader understanding of the Church of England in the eighteenth century. It shows that, rather than distancing itself from sex through diminishing teaching, regulation and punishment, the Church not only paid attention to it, but its attitudes to sex and sexuality were at the core of society's reactions to the first sexual revolution.
Author: Scot Peterson
Publisher: Edinburgh University Press
ISBN: 0748683798
Category : Law
Languages : en
Pages : 192
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Book Description
What does it really mean to be legally married? The answer seems to vary depending on the cultures, religions and laws of different countries. From English teenagers eloping to Gretna Green to tie the knot without their parents' permission, to whether a wife can own property, it's clear that marriage law is different depending on where you live and when. Now, the main debate centres on whether the law should be changed so that same-sex couples can marry. The Scottish and UK governments, plus a number of US states, are to legislate to allow same-sex marriage, prompting both celebration and outrage. But amongst all the assumptions, there are few facts, and the debates about same-sex marriage in the UK and the US are taking place in an informational vacuum filled with emotion and rhetoric. 'Legally Married' combines insights from history and law from the UK and Scotland with international examples of how marriage law has developed. Scot Peterson and Iain McLean show how many assumptions about marriage are contestable on a number of grounds, separate fact from fiction and explain the claims made on both sides of the argument over same-sex marriage in terms of their historical context.
Author: Kathryn D. Temple
Publisher: NYU Press
ISBN: 147989527X
Category : Law
Languages : en
Pages : 275
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Book Description
A history of legal emotions in William Blackstone’s England and their relationship to justice William Blackstone’s masterpiece, Commentaries on the Laws of England (1765–1769), famously took the “ungodly jumble” of English law and transformed it into an elegant and easily transportable four-volume summary. Soon after publication, the work became an international monument not only to English law, but to universal English concepts of justice and what Blackstone called “the immutable laws of good and evil.” Most legal historians regard the Commentaries as a brilliant application of Enlightenment reasoning to English legal history. Loving Justice contends that Blackstone’s work extends beyond making sense of English law to invoke emotions such as desire, disgust, sadness, embarrassment, terror, tenderness, and happiness. By enlisting an affective aesthetics to represent English law as just, Blackstone created an evocative poetics of justice whose influence persists across the Western world. In doing so, he encouraged readers to feel as much as reason their way to justice. Ultimately, Temple argues that the Commentaries offers a complex map of our affective relationship to juridical culture, one that illuminates both individual and communal understandings of our search for justice, and is crucial for understanding both justice and injustice today.
Author: Rebecca Probert
Publisher: Bloomsbury Publishing
ISBN: 1847315054
Category : Law
Languages : en
Pages : 368
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Book Description
This book examines the idea of 'parental responsibility' in English law and what is expected of a responsible parent. The scope of 'parental responsibility', a key concept in family law, is undefined and often ambiguous. Yet, to date, more attention has been paid to how individuals acquire parental responsibility than to the question of the rights, powers, duties and responsibilities they have once they obtain it. This book redresses the balance by providing the first sustained examination of the different elements of parental responsibility, bringing together leading scholars to comment on specific aspects of its operation. The book begins by exploring the conceptual underpinnings of parental responsibility in the context of parents' and children's rights. The analysis highlights the inherent constraints and limitations of 'parental responsibility' and how its scope has deliberately been curtailed in certain contexts. The book then considers what parental responsibility allows and requires in specific areas, for example, naming a child, education, religious upbringing, medical treatment, corporal punishment, dealing with any contracts entered into or property owned by the child, representing the child in legal proceedings, consenting to a child's marriage or civil partnership and the law's response to the death of a child. In the final section, the idea of the 'responsible parent' is considered in the contexts of child support, contact, tort, and criminal law. This title is included in Bloomsbury Professional's Family Law online service.
Author: Kirsten Sword
Publisher: University of Chicago Press
ISBN: 022675751X
Category : History
Languages : en
Pages : 387
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Book Description
Wives not Slaves begins with the story of John and Eunice Davis, a colonial American couple who, in 1762, advertised their marital difficulties in the New Hampshire Gazette—a more common practice for the time and place than contemporary readers might think. John Davis began the exchange after Eunice left him, with a notice resembling the ads about runaway slaves and servants that were a common feature of eighteenth-century newspapers. John warned neighbors against “entertaining her or harbouring her. . . or giving her credit.” Eunice defiantly replied, “If I am your wife, I am not your slave.” With this pointed but problematic analogy, Eunice connected her individual challenge to her husband’s authority with the broader critiques of patriarchal power found in the politics, religion, and literature of the British Atlantic world. Kirsten Sword’s richly researched history reconstructs the stories of wives who fled their husbands between the mid-seventeenth and early nineteenth centuries, comparing their plight with that of other runaway dependents. Wives not Slaves explores the links between local justice, the emerging press, and transatlantic political debates about marriage, slavery and imperial power. Sword traces the relationship between the distress of ordinary households, domestic unrest, and political unrest, shedding new light on the social changes imagined by eighteenth-century revolutionaries, and on the politics that determined which patriarchal forms and customs the new American nation would—and would not—abolish.
Author: Robynne Rogers Healey
Publisher: Penn State Press
ISBN: 0271089679
Category : Religion
Languages : en
Pages : 289
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Book Description
This third installment in the New History of Quakerism series is a comprehensive assessment of transatlantic Quakerism across the long eighteenth century, a period during which Quakers became increasingly sectarian even as they expanded their engagement with politics, trade, industry, and science. The contributors to this volume interrogate and deconstruct this paradox, complicating traditional interpretations of what has been termed “Quietist Quakerism.” Examining the period following the Toleration Act in England of 1689 through the Hicksite-Orthodox Separation in North America, this work situates Quakers in the eighteenth-century British Atlantic world. Three thematic sections—exploring unique Quaker testimonies and practices; tensions between Quakerism in community and Quakerism in the world; and expressions of Quakerism around the Atlantic world—broaden geographic understandings of the Quaker Atlantic experience to determine how local events shaped expressions of Quakerism. The authors challenge oversimplified interpretations of Quaker practices and reveal a complex Quaker world, one in which prescription and practice were more often negotiated than dictated, even after the mid-eighteenth-century “reformation” and tightening of the Discipline on both sides of the Atlantic. Accessible and well-researched, Quakerism in the Atlantic World, 1690-1830, provides fresh insights and raises new questions about an understudied period of Quaker history. In addition to the editor, the contributors to this volume include Richard C. Allen, Erin Bell, Erica Canela, Elizabeth Cazden, Andrew Fincham, Sydney Harker, Rosalind Johnson, Emma Lapsansky-Werner, Jon Mitchell, and Geoffrey Plank.
Author: R. Probert
Publisher: Springer
ISBN: 113739627X
Category : History
Languages : en
Pages : 241
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Book Description
Today, cohabiting relationships account for most births outside marriage. But what was the situation in earlier centuries? Bringing together leading historians, demographers and lawyers, this interdisciplinary collection draws on a wide range of sources to examine the changing context of non-marital child-bearing in England and Wales since 1600.
