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Author: K. J. Kesselring
Publisher: Oxford University Press
ISBN: 0192849956
Category : Divorce
Languages : en
Pages : 210
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Book Description
England is well known as the only Protestant state not to introduce divorce in the sixteenth-century Reformation. Only at the end of the seventeenth century did divorce by private act of parliament become available for a select few men and only in 1857 did the Divorce Act and its creation of judicial divorces extend the possibility more broadly. Aspects of the history of divorce are well known from studies which typically privilege the records of the church courts that claimed a monopoly on marriage. But why did England alone of all Protestant jurisdictions not allow divorce with remarriage in the era of the Reformation, and how did people in failed marriages cope with this absence? One part of the answer to the first question, Kesselring and Stretton argue, and a factor that shaped people's responses to the second, lay in another distinctive aspect of English law: its common-law formulation of coverture, the umbrella term for married women's legal status and property rights. The bonds of marriage stayed tightly tied in post-Reformation England in part because marriage was as much about wealth as it was about salvation or sexuality, and English society had deeply invested in a system that subordinated a wife's identity and property to those of the man she married. To understand this dimension of divorce's history, this study looks beyond the church courts to the records of other judicial bodies, the secular courts of common law and equity, to bring fresh perspective to a history that remains relevant today.
Author: K. J. Kesselring
Publisher: Oxford University Press
ISBN: 0192849956
Category : Divorce
Languages : en
Pages : 210
Get Book Here
Book Description
England is well known as the only Protestant state not to introduce divorce in the sixteenth-century Reformation. Only at the end of the seventeenth century did divorce by private act of parliament become available for a select few men and only in 1857 did the Divorce Act and its creation of judicial divorces extend the possibility more broadly. Aspects of the history of divorce are well known from studies which typically privilege the records of the church courts that claimed a monopoly on marriage. But why did England alone of all Protestant jurisdictions not allow divorce with remarriage in the era of the Reformation, and how did people in failed marriages cope with this absence? One part of the answer to the first question, Kesselring and Stretton argue, and a factor that shaped people's responses to the second, lay in another distinctive aspect of English law: its common-law formulation of coverture, the umbrella term for married women's legal status and property rights. The bonds of marriage stayed tightly tied in post-Reformation England in part because marriage was as much about wealth as it was about salvation or sexuality, and English society had deeply invested in a system that subordinated a wife's identity and property to those of the man she married. To understand this dimension of divorce's history, this study looks beyond the church courts to the records of other judicial bodies, the secular courts of common law and equity, to bring fresh perspective to a history that remains relevant today.
Author: Lawrence Stone
Publisher:
ISBN:
Category : History
Languages : en
Pages : 402
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Book Description
* Fascinating and revealing case-histories reflect changing attitudes of the time towards love, marriage, and divorce * Completes Lawrence Stone's acclaimed trilogy on marriage and family life * Offers compelling insights into daily life and marital conduct from the mid-17th to the mid-19th century
Author: K. J. Kesselring
Publisher: Oxford University Press
ISBN: 0192666959
Category : History
Languages : en
Pages : 210
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Book Description
England is well known as the only Protestant state not to introduce divorce in the sixteenth-century Reformation. Only at the end of the seventeenth century did divorce by private act of parliament become available for a select few men and only in 1857 did the Divorce Act and its creation of judicial divorces extend the possibility more broadly. Aspects of the history of divorce are well known from studies which typically privilege the records of the church courts that claimed a monopoly on marriage. But why did England alone of all Protestant jurisdictions not allow divorce with remarriage in the era of the Reformation, and how did people in failed marriages cope with this absence? One part of the answer to the first question, Kesselring and Stretton argue, and a factor that shaped people's responses to the second, lay in another distinctive aspect of English law: its common-law formulation of coverture, the umbrella term for married women's legal status and property rights. The bonds of marriage stayed tightly tied in post-Reformation England in part because marriage was as much about wealth as it was about salvation or sexuality, and English society had deeply invested in a system that subordinated a wife's identity and property to those of the man she married. To understand this dimension of divorce's history, this study looks beyond the church courts to the records of other judicial bodies, the secular courts of common law and equity, to bring fresh perspective to a history that remains relevant today.
Author: Tim Stretton
Publisher: McGill-Queen's Press - MQUP
ISBN: 0773590145
Category : Law
Languages : en
Pages : 347
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Book Description
Explaining the curious legal doctrine of "coverture," William Blackstone famously declared that "by marriage, husband and wife are one person at law." This "covering" of a wife's legal identity by her husband meant that the greatest subordination of women to men developed within marriage. In England and its colonies, generations of judges, legislators, and husbands invoked coverture to limit married women's rights and property, but there was no monolithic concept of coverture and their justifications shifted to fit changing times: Were husband and wife lord and subject? Master and servant? Guardian and ward? Or one person at law? The essays in Married Women and the Law offer new insights into the legal effects of marriage for women from medieval to modern times. Focusing on the years prior to the passage of the Divorce Acts and Married Women's Property Acts in the late nineteenth century, contributors examine a variety of jurisdictions in the common law world, from civil courts to ecclesiastical and criminal courts. By bringing together studies of several common law jurisdictions over a span of centuries, they show how similar legal rules persisted and developed in different environments. This volume reveals not only legal changes and the women who creatively used or subverted coverture, but also astonishing continuities. Accessibly written and coherently presented, Married Women and the Law is an important look at the persistence of one of the longest lived ideas in British legal history. Contributors include Sara M. Butler (Loyola), Marisha Caswell (Queen’s), Mary Beth Combs (Fordham), Angela Fernandez (Toronto), Margaret Hunt (Amherst), Kim Kippen (Toronto), Natasha Korda (Wesleyan), Lindsay Moore (Boston), Barbara J. Todd (Toronto), and Danaya C. Wright (Florida).
Author: Piotr Z. Pomianowski
Publisher: BRILL
ISBN: 9004507310
Category : Law
Languages : pl
Pages : 297
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Book Description
In 1807 Napoleon Bonaparte created the Duchy of Warsaw from the Polish lands that had been ceded to France by Prussia. His Civil Code was enforced in the new Duchy too and, unlike the Catholic Church, it allowed the dissolution of marriage by divorce. This book sheds new light on the application of Napoleonic divorce regulations in the Polish lands between 1808-1852. Unlike what has been argued so far, this book demonstrates that divorces were happening frequently in 19th century Poland and even with the same rate as in France. In addition to the analysis of the Napoleonic divorce law, the reader is provided with a fully comprehensive description of parties as well as courts and officials involved in divorce proceedings, their course and the grounds for divorce.
Author: Michaela Kreyenfeld
Publisher: Springer Nature
ISBN: 3030445755
Category : Social Science
Languages : en
Pages : 307
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Book Description
This open access book assembles landmark studies on divorce and separation in European countries, and how this affects the life of parents and children. It focuses on four major areas of post-separation lives, namely (1) economic conditions, (2) parent-child relationships, (3) parent and child well-being, and (4) health. Through studies from several European countries, the book showcases how legal regulations and social policies influence parental and child well-being after divorce and separation. It also illustrates how social policies are interwoven with the normative fabric of a country. For example, it is shown that father-child contact after separation is more intense in those countries which have adopted policies that encourage shared parenting. Correspondingly, countries that have adopted these regulations are at the forefront of more egalitarian gender role attitudes. Apart from a strong emphasis on the legal and social policy context, the studies in this volume adopt a longitudinal perspective and situate post-separation behaviour and well-being in the life course. The longitudinal perspective opens up new avenues for research to understand how behaviour and conditions prior or at divorce and separation affect later behaviour and well-being. As such this book is of special appeal to scholars of family research as well as to anyone interested in the role of divorce and separation in Europe in the 21st century.
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: Rachel Cusk
Publisher: Farrar, Straus and Giroux
ISBN: 1466820187
Category : Social Science
Languages : en
Pages : 130
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Book Description
In 2003, Rachel Cusk published A Life's Work, a provocative and often startlingly funny memoir about the cataclysm of motherhood. Widely acclaimed, the book started hundreds of arguments that continue to this day. Now, in her most personal and relevant book to date, Cusk explores divorce's tremendous impact on the lives of women. An unflinching chronicle of Cusk's own recent separation and the upheaval that followed—"a jigsaw dismantled"—it is also a vivid study of divorce's complex place in our society. "Aftermath" originally signified a second harvest, and in this book, unlike any other written on the subject, Cusk discovers opportunity as well as pain. With candor as fearless as it is affecting, Rachel Cusk maps a transformative chapter of her life with an acuity and wit that will help us understand our own.
Author: Katharine Gillespie
Publisher: Cambridge University Press
ISBN: 1139451960
Category : Literary Criticism
Languages : en
Pages : 286
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Book Description
In Domesticity and Dissent Katharine Gillespie examines writings by seventeenth-century English Puritan women who fought for religious freedom. Seeking the right to preach and prophesy, women such as Katherine Chidley, Anna Trapnel, Elizabeth Poole, and Anne Wentworth envisioned the modern political principles of toleration, the separation of Church from state, privacy, and individualism. Gillespie argues that their sermons, prophesies, and petitions illustrate the fact that these liberal theories did not originate only with such well-known male thinkers as John Locke and Thomas Hobbes. Rather, they emerged also from a group of determined female religious dissenters who used the Bible to reassess traditional definitions of womanhood, public speech and religious and political authority. Gillespie takes the 'pamphlet literatures' of the seventeenth century as important subjects for analysis, and her study contributes to the important scholarship on the revolutionary writings that emerged during the volatile years of the mid-seventeenth-century Civil War in England.
Author: John Trevor Cliffe
Publisher: Yale University Press
ISBN: 9780300076431
Category : History
Languages : en
Pages : 254
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Book Description
This engaging and beautifully illustrated book takes us back to the domestic world of the landed gentry in seventeenth-century England. Relating countless stories and case histories drawn from a wide range of primary sources, the book describes the physical environment, staffing, and functioning of gentry households, the inhabitants and their activities, and the role of these houses in the social and economic life of their localities. J. T. Cliffe begins by exploring the exterior and interior of houses and the outbuildings, parks, and gardens that surrounded them. He then investigates the people who lived in the country houses and the relationships between them. He provides colorful details about the responsibilities of the squire and his wife; the duties, remuneration, food, clothing, accommodation, and treatment of servants; and the special duties of estate stewards, coachmen, chaplains, and tutors. Cliffe explains various aspects of housekeeping, such as the tradition of hospitality and the factors militating against it. He also discusses other kinds of activity: religious practices; outdoor sports and indoor pastimes, including music and billiards; and such intellectual pursuits as antiquarian research, poetry, and scientific experiments. He concludes with a fascinating survey of scandal in the world of the gentry, telling of domestic strife, financial disaster, lunacy, and other disasters that marred this idyllic existence.
