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Married Women and the Law by Tim Stretton,Krista J. Kesselring Pdf
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).
Resident Aliens in Later Medieval England by Nicola McDonald,Mark Ormrod,Craig Taylor Pdf
The essays collected in this volume identify and analyse the presence of immigrants in late medieval England. Drawing on unique evidence from the alien subsidies collected in England between 1440 and 1487 and other newly accessible archival resources, and deploying a wide range of historical and cultural methods, they reveal the considerable contribution of foreign-born people to the economy, society and culture of England in the age of the Black Death, the Hundred Years War and the Wars of the Roses.
Identity and Insurgency in the Late Middle Ages by Linda Clark Pdf
The most crucial issues in current research are debated in the latest volume in the series. The essays collected here provide fresh insight into a range of important topics across the period. They discuss religion([both orthodox, as revealed by the lives of anchoresses living in Norwich, and heretical, as practised by lollards living in Coventry); politics (exploring the motivations of individuals seeking election to parliament, and how the way Cade's Rebellion was recorded by contemporaries affected its subsequent perception); law (whether it may be deduced from manorial court rolls that lawyers were employed by peasants, and an examination of the process of peace-making in feuds on the Scottish border); national, ethnic and political identity in the British Isles; social ranking and chivalry (in particular knighthood in Scotland); and verse (a consideration of the poem Lydgate addressed to Thomas Chaucer, and the occasion of its composition). Contributors: JACKSON W. ARMSTRONG, JACQUELYN FERNHOLTZ, TONY GOODMAN, DAVID GRUMMITT, CAROLE HILL, MAUREEN JURKOWSKI, JENNI NUTTALL, SIMON PAYLING, ANDREA RUDDICK, KATIE STEVENSON, MATTHEW TOMPKINS
There were tens of thousands of different local law-courts in late-medieval England, providing the most common forums for the working out of disputes and the making of decisions about local governance. While historians have long studied these institutions, there have been very few attempts to understand this complex institutional form of 'legal pluralism'. Law in Common provides a way of understanding this complexity by drawing out broader patterns of legal engagement. Tom Johnson first explores four 'local legal cultures' - in the countryside, in forests, in towns and cities, and in the maritime world- that grew up around legal institutions, landscapes, and forms of socio-economic practice in these places, and produced distinctive senses of law. Johnson then turns to examine 'common legalities', widespread forms of social practice that emerge across these different localities, through which people aimed to invoke the power of law. Through studies of the physical landscape, the production of legitimate knowledge, the emergence of English as a legal vernacular, and the proliferation of legal documents, the volume offers a new way to understand how common people engaged with law in the course of their everyday lives. Drawing on a huge body of archival research from the plenitude of different local institutions, Law in Common offers a new social history of law that aims to explain how common people negotiated the transformational changes of the long fifteenth century with, and through legality.
We call habeas corpus the Great Writ of Liberty. But it was actually a writ of power. In a work based on an unprecedented study of thousands of cases across more than five hundred years, Paul Halliday provides a sweeping revisionist account of the world's most revered legal device. In the decades around 1600, English judges used ideas about royal power to empower themselves to protect the king's subjects. The key was not the prisoner's "right" to "liberty"Ñthese are modern idiomsÑbut the possible wrongs committed by a jailer or anyone who ordered a prisoner detained. This focus on wrongs gave the writ the force necessary to protect ideas about rights as they developed outside of law. This judicial power carried the writ across the world, from Quebec to Bengal. Paradoxically, the representative impulse, most often expressed through legislative action, did more to undermine the writ than anything else. And the need to control imperial subjects would increasingly constrain judges. The imperial experience is thus crucial for making sense of the broader sweep of the writ's history and of English law. Halliday's work informed the 2008 U.S. Supreme Court ruling in Boumediene v. Bush on prisoners in the Guantnamo detention camps. His eagerly anticipated book is certain to be acclaimed the definitive history of habeas corpus.
Author : John Hamilton Baker Publisher : Oxford University Press on Demand Page : 1115 pages File Size : 50,5 Mb Release : 2003 Category : Law ISBN : 9780198258179
The Oxford History of the Laws of England: 1483-1558 by John Hamilton Baker Pdf
This volume in 'The Oxford History of the Laws of England' covers the years 1483-1558, a period of immense social political, and intellectual changes which profoundly affected the law and its workings.
The Oxford History of the Laws of England Volume VI by John Baker Pdf
This volume covers the years 1483-1558, a period of immense social, political, and intellectual changes, which profoundly affected the law and its workings. It first considers constitutional developments, and addresses the question of whether there was a rule of law under king Henry VIII. In a period of supposed despotism, and enhanced parliamentary power, protection of liberty was increasing and habeas corpus was emerging. The volume considers the extent to which the law was affected by the intellectual changes of the Renaissance, and how far the English experience differed from that of the Continent. It includes a study of the myriad jurisdictions in Tudor England and their workings; and examines important procedural changes in the central courts, which represent a revolution in the way that cases were presented and decided. The legal profession, its education, its functions, and its literature are examined, and the impact of printing upon legal learning and the role of case-law in comparison with law-school doctrine are addressed. The volume then considers the law itself. Criminal law was becoming more focused during this period as a result of doctrinal exposition in the inns of court and occasional reports of trials. After major conflicts with the Church, major adjustments were made to the benefit of clergy, and the privilege of sanctuary was all but abolished. The volume examines the law of persons in detail, addressing the impact of the abolition of monastic status, the virtual disappearance of villeinage, developments in the law of corporations, and some remarkable statements about the equality of women. The history of private law during this period is dominated by real property and particularly the Statutes of Uses and Wills (designed to protect the king's feudal income against the consequences of trusts) which are given a new interpretation. Leaseholders and copyholders came to be treated as full landowners with rights assimilated to those of freeholders. The land law of the time was highly sophisticated, and becoming more so, but it was only during this period that the beginnings of a law of chattels became discernible. There were also significant changes in the law of contract and tort, not least in the development of a satisfactory remedy for recovering debts.
In the aftermath of the Seven Years' War, when a variety of conquered and ceded territories became part of an expanding British Empire, crucial struggles emerged about what it meant to be a "British subject." Individuals in Grenada, Quebec, Minorca, Gibraltar, and Bengal debated the meanings and rights of subjecthood, with many capitalizing on legal ambiguities and local exigencies to secure access to political and economic benefits. Inhabitants and colonial administrators transformed subjecthood into a shared language, practice, and opportunity as individuals proclaimed their allegiance to the crown and laid claim to a corresponding set of protections. Approaching subjecthood as a protean and porous concept, rather than an immutable legal status, Subjects and Sovereign demonstrates that it was precisely subjecthood's fluidity and imprecision that rendered it so useful to a remarkably diverse group of individuals. In this book, Hannah Weiss Muller reexamines the traditional bond between subjects and sovereign and argues that this relationship endured as a powerful site for claims-making throughout the eighteenth century. Muller analyzes both legal understandings of subjecthood, as well as the popular tradition of declaring rights, in order to demonstrate why subjects believed they were entitled to make requests of their sovereign. She reconsiders narratives of upheaval during the Age of Revolution and insists on the relevance and utility of existing structures of state and sovereign. Emphasizing the stories of subjects who successfully leveraged their loyalty and negotiated their status, she also explores how and why subjecthood remained an organizing and contested principle of the eighteenth-century British Empire. By placing the relationship between subjects and sovereign at the heart of her analysis, Muller offers a new perspective on a familiar period and suggests that imperial integration was as much about flexible and expansive conceptions of belonging as it was about shared economic, political, and intellectual networks.
Lost and Found in Early Irish Law by Charlene M. Eska Pdf
The book presents a critical edition and translation of a newly discovered early Irish legal text on lost and stolen property, Aidbred, and also includes editions of two other texts concerning property found on land, Heptad 64, and at sea, Muirbretha.