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Marriage Law And Practice In The Long Eighteenth Century

Author: Rebecca Probert
Publisher: Cambridge University Press
ISBN: 1139479768
Size: 72.36 MB
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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.

Bentham Law And Marriage

Author: Mary Sokol
Publisher: Bloomsbury Publishing
ISBN: 1441177205
Size: 63.47 MB
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Jeremy Bentham's law of marriage is firmly based on the principle of utility, which claims that all human actions are governed by a wish to gain pleasure and avoid pain, and on the proposition that men and women are equal. He wrote in a late eighteenth century context of Enlightenment debate about the status of women, marriage and the family, as did his contemporaries Wollstonecraft and More. Bentham responded particularly to the thought of Milton, Locke, Hume, Paley and to the French thinkers Montesquieu, Diderot and Rousseau. These were the turbulent years leading to the French Revolution and it is in this milieu that Mary Sokol seeks to rediscover the 'historical' Bentham. Instead of regarding his thought as 'timeless', she considers Bentham's attitude to the reform of marriage law and plans for the social reform of marriage, placing both his life and work in the philosophical and historical context of his time.

Law Society And Community

Author: Richard Nobles
Publisher: Routledge
ISBN: 1317107292
Size: 46.91 MB
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This collection of socio-legal studies, written by leading theorists and researchers from around the world, offers original, perceptive and critical contributions to ideas and theories that have been expounded by Roger Cotterrell over a long and distinguished career. Engaging with many classic issues and theories of the sociology of law, the contributions are likely to become classics themselves as they tackle some of the most significant challenges that modern law faces. They do not shy away from what one of the contributors describes as the complexity and multiplicity of our contemporary legal world. The book is organized in three parts: socio-legal themes; methodological and jurisprudential themes; globalization, cultural and comparative law themes. Starting with a chapter that re-engages with the need to interpret legal ideas sociologically, and ending with one that explores the global significance of modern fascination with the idea of the rule of law, this selection offers important additions to the oeuvre of Roger Cotterrell (a list of whose academic writings is included in the book).

The Changing Legal Regulation Of Cohabitation

Author: Rebecca Probert
Publisher: Cambridge University Press
ISBN: 1139576909
Size: 57.46 MB
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This book has three key aims: first, to show how the legal treatment of cohabiting couples has changed over the past four centuries, from punishment as fornicators in the seventeenth century to eventual acceptance as family in the late twentieth; second, to chart how the language used to refer to cohabitation has changed over time and how different terms influenced policy debates and public perceptions; and, third, to estimate the extent of cohabitation in earlier centuries. To achieve this it draws on hundreds of reported and unreported cases as well as legislation, policy papers and debates in Parliament; thousands of newspaper reports and magazine articles; and innovative cohort studies that provide new and more reliable evidence as to the incidence (or rather the rarity) of cohabitation in eighteenth- and nineteenth-century England. It concludes with a consideration of the relationship between legal regulation and social trends.

Love And Romance In Britain 1918 1970

Author: A. Harris
Publisher: Springer
ISBN: 1137328630
Size: 50.78 MB
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The new histories of love and romance offered within this edited collection illustrate the many changes, but also the surprising continuities in understandings of love, romance, affection, intimacy and sex from the First World War until the beginning of the Women's Liberation movement.

Cohabitation In Europe

Author: Dalia Leinarte
ISBN: 9781138732742
Size: 74.56 MB
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Originating from discussions about the reasons for, and regional variations behind, the remarkable rise in cohabitation that started in the 1970s - a rise that continues to this day - this book explores the main stimuli behind cohabitation. The variation in levels of cohabitation cannot be explained solely by regional differences, religious affiliation, nationality, levels of education, or by the varying rate in which contraceptive measures spread across Europe. The book also focuses on the ways in which cohabitants are legitimized or rejected by certain communities. Did communities develop specific terms to define cohabitation and because of which underlying reasons were these different terms created? Illegitimacy is another phenomenon inseparably tied to cohabitation, based on the hypothesis that the understanding of marriage differs between societies and regions. In 1971, Shorter, Knodel and Van de Walle found that children born in rural Slavic communities in unlawful but stable, consensual unions were not recognised by civil law and the Church, and were registered as illegitimates, but in a cultural perspective were considered as legitimate. They also found more or less the same pattern in Scandinavian countries. This book explores the correlations that exist between illegitimacy and cohabitation across space and time in Europe? This book was originally published as a special issue of The History of the Family.