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Successive governments have made progressive, but ad hoc reforms to marriage law in Britain. This book provides the first accessible guide to how contemporary marriage law interacts with religion. It reveals the need for the consolidation, modernisation and reform of marriage law and sets out proposals for transformation.
The Law and Economics of Marriage and Divorce by Antony W. Dnes,Bob Rowthorn Pdf
What sort of contract is marriage? What does it offer the parties? What are the difficulties of enforcement, and the result of failed effective enforcement? This book takes an economic approach to marriage and divorce, considering the key role of incentives in family law: it highlights the possible adverse consequences emanating from faulty legal design, while demonstrating that good family law should provide incentives for consistent and honest behavior. Economists, specialists in the economic analysis of law, and academic lawyers discuss recent advances in specialist work on marriage, cohabitation, and divorce. Chapters are grouped around four topics: the contractual perspectives on marriage commitment; the regulatory framework surrounding divorce; bargaining and commitment issues relating to marriage and near-marriage arrangements; and finally empirical work, which focuses on the impact of more liberal divorce laws. This important new study will be of considerable interest to lawyers, policy-makers and economists concerned with family law.
This book addresses fundamental questions about marriage in moral and political philosophy. It examines promise, commitment, care, and contract to argue that marriage is not morally transformative. It argues that marriage discriminates against other forms of caring relationships and that, legally, restrictions on entry should be minimized.
Looking for Love in the Legal Discourse of Marriage by Renata Grossi Pdf
This book examines the (in)visibility of romantic love in the legal discourse surrounding modern Australian marriage. It looks at how romantic love has become a core part of modernity, and a dominant part of the Western marriage discourse, and considers how the ideologies of romantic love are (or are not) replicated in the legal meaning of marriage. This examination raises two key issues. If love has become central to people’s understanding of marriage, then it is important for the legitimacy of law that love is reflected in both the content and application of the law. More fundamentally, it requires us to reconsider how we understand law, and to ask whether it is engaged with emotions, or separate from them. Along the way this book also considers the meaning of love itself in contemporary society, and asks whether love is a radical force capable of breaking down conservative meanings embedded in institutions like marriage, or whether it simply mirrors them. This book will be of interest to everyone working on love, marriage and sexuality in the disciplines of law, sociology and philosophy.
The Canon Law of Marriage and the Family by John McAreavey Pdf
This work has three parts: the first deals with the substantive law on marriage; the second deals with procedures, such as nullity procedures and procedures for the dissolution of marriage; the final part deals with issues of family. The author is the bishop of Dromore.
Family Law: A Very Short Introduction by Jonathan Herring Pdf
What is a family? What makes someone a parent? What rights should children have? Family Law: A Very Short Introduction gives the reader an insight not only into what the law is, but why it is the way it is. It examines how laws have had to respond to social changes in family life, from rapidly rising divorce rates to surrogate mothers, and gives insight into family courts which are required to deal with the chaos of family life and often struggle to keep up-to-date with the social and scientific changes which affect it. It also looks to the future: what will families look like in the years ahead? What new dilemmas will the courts face? ABOUT THE SERIES: The Very Short Introductions series from Oxford University Press contains hundreds of titles in almost every subject area. These pocket-sized books are the perfect way to get ahead in a new subject quickly. Our expert authors combine facts, analysis, perspective, new ideas, and enthusiasm to make interesting and challenging topics highly readable.
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).
The extraordinary recent increase in rates of cohabitation and non-marital birth presents a major challenge to traditional family law principles, and the legal rules governing cohabitation are thus among the most hotly contested areas of family law and policy today. In many nations, courts, legislatures, and law-reform bodies are "reinventing" common law marriage, seemingly without any sense of its history, doctrinal development, or limitations. The current law surrounding common law marriage is extremely complex. Professor Göran Lind has undertaken the demanding task of writing the most well-researched text on this topic to date. Separated into three Parts, Common Law Marriage covers the origins of the doctrine, its legal aspects in modern America, and the future of cohabitation law across the globe and in the 11 American jurisdictions that currently recognize common law marriage. It provides a cultural and historical history of the subject, from Ancient Roman Law to Medieval Canon Law, and analyzes over 2,000 American cases which have utilized the doctrine. This timely book is an excellent resource for scholars, legislators, and policymakers who are interested in the complex legalities of common law marriage.
Divorcing Marriage by Daniel Cere,Douglas Farrow Pdf
Written for a broad readership, Divorcing Marriage sheds light on three central questions: How did Canada come to the point of proposing a redefinition of marriage? Where would redefinition take Canadian society? Do the Charter and equality rights mandate exchanging an opposite-sex institution for one built on the union of two persons ? The contributors ask Canadians to pause for reflection and take a closer look at the arguments for and against redefinition of marriage. They implore us to examine the effects of marriage on children, the law, freedom of speech and religion, and society as a whole.
Marriage Law and Practice in the Long Eighteenth Century by Rebecca Probert Pdf
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.
Beyond (Straight and Gay) Marriage by Nancy D. Polikoff,Michael Bronski Pdf
The debate over marriage equality for same-sex couples rages across the country. Beyond (Straight and Gay) Marriage boldly moves the discussion forward by focusing on the larger, more fundamental issue of marriage and the law. The root problem, asserts law professor and LGBT rights activist Nancy Polikoff, is that marriage is a bright dividing line between those relationships that legally matter and those that don't. A woman married to a man for nine months is entitled to Social Security survivor's benefits when he dies; a woman living for nineteen years with a man or woman to whom she is not married receives nothing. Polikoff reframes the debate by arguing that all family relationships and households need the economic stability and emotional peace of mind that now extend only to married couples. Unmarried couples of any sexual orientation, single-parent households, extended family units, and myriad other familial configurations need recognition and protection to meet the concerns they all share: building and sustaining economic and emotional interdependence, and nurturing the next generation. Couples should have the choice to marry based on the spiritual, cultural, or religious meaning of marriage in their lives, asserts Polikoff. While marriage equality for same-sex couples is a civil rights victory, she contends that no one should have to marry in order to reap specific and unique legal results. A persuasive argument that married couples should not receive special rights denied to other families, Polikoff shows how the law can value all families, and why it must.
What Is Marriage? by Sherif Girgis,Ryan T. Anderson,Robert George Pdf
Until very recently, no society had seen marriage as anything other than a conjugal partnership: a male–female union. What Is Marriage? identifies and defends the reasons for this historic consensus and shows why redefining civil marriage as something other than the conjugal union of husband and wife is a mistake. Originally published in the Harvard Journal of Law and Public Policy, this book’s core argument quickly became the year’s most widely read essay on the most prominent scholarly network in the social sciences. Since then, it has been cited and debated by scholars and activists throughout the world as the most formidable defense of the tradition ever written. Now revamped, expanded, and vastly enhanced, What Is Marriage? stands poised to meet its moment as few books of this generation have. Sherif Girgis, Ryan T. Anderson, and Robert P. George offer a devastating critique of the idea that equality requires redefining marriage. They show why both sides must first answer the question of what marriage really is. They defend the principle that marriage, as a comprehensive union of mind and body ordered to family life, unites a man and a woman as husband and wife, and they document the social value of applying this principle in law. Most compellingly, they show that those who embrace same-sex civil marriage leave no firm ground—none—for not recognizing every relationship describable in polite English, including polyamorous sexual unions, and that enshrining their view would further erode the norms of marriage, and hence the common good. Finally, What Is Marriage? decisively answers common objections: that the historic view is rooted in bigotry, like laws forbidding interracial marriage; that it is callous to people’s needs; that it can’t show the harm of recognizing same-sex couplings or the point of recognizing infertile ones; and that it treats a mere “social construct” as if it were natural or an unreasoned religious view as if it were rational.
Brave, humane, and generous . . . still he was only a brave, humane, and generous rebel; curse on his virtues, they've undone this country. --Member of British Parliament Lord North, upon hearing of General Richard Montgomery's death in battle against the British At 3 a.m. on December 31, 1775, a band of desperate men stumbled through a raging Canadian blizzard toward Quebec. The doggedness of this ragtag militia--consisting largely of men whose short-term enlistments were to expire within the next 24 hours--was due to the exhortations of their leader. Arriving at Quebec before dawn, the troop stormed two unmanned barriers, only to be met by a British ambush at the third. Amid a withering hale of cannon grapeshot, the patriot leader, at the forefront of the assault, crumpled to the ground. General Richard Montgomery was dead at the age of 37. Montgomery--who captured St. John and Montreal in the same fortnight in 1775; who, upon his death, was eulogized in British Parliament by Burke, Chatham, and Barr; and after whom 16 American counties have been named--has, to date, been a neglected hero. Written in engaging, accessible prose, General Richard Montgomery and the American Revolution chronicles Montgomery's life and military career, definitively correcting this historical oversight once and for all.
