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Analyses marriage law's development since 1836-its complexity, failures to respond to societal change, and constraints on different beliefs.
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.
How should we interpret our ancestors' decisions to marry in a particular form or place, or at a particular time? Did their choices make them exceptional or normal for their day? Might their marriages have been bigamous, clandestine, or void? Or might they have conscientiously followed the rules set down by Church and State? Since its publication in 2012, Marriage Law for Genealogists has become the indispensable guide for everyone tracing the marriages of their English and Welsh ancestors between 1600 and the twentieth century. Based upon years of painstaking primary research and studies of thousands of couples, it explains clearly and concisely why, how, when and where people in past centuries married. Family historians just starting out will find advice on where 'missing' marriages are most likely to be found, while those who are already well advanced in tracing their family tree will be able to interpret their discoveries to better understand their ancestors' motivations. Rebecca Probert is Professor of Law at Warwick University and the leading authority on the history of the marriage laws of England and Wales, a subject on which she has written extensively.
This book is for anyone interested in the history of marriage and cohabitation, whether historian, lawyer or general reader. It is written in an accessible style, while providing a radical reassessment of existing ideas about the popularity, legal treatment and perceptions of cohabitation between 1600 and 2010.
Recent years have seen extensive discussion about the continuing retreat from marriage, the increasing demand for the right to marry from previously excluded groups, and the need to protect those who do not wish to marry from being forced to do so. At the same time, weddings are big business, couples are spending more than ever before on getting married, and marriage ceremonies are increasingly elaborate. It is therefore timely to reflect on the rites of marriage, as well as the right to marry (or not to marry), and the relationship between them. To this end, this new interdisciplinary collection brings together scholars from numerous fields, including law, sociology, anthropology, psychology, demography, theology and art and design. Focusing on England and Wales, it explores in depth the specific issues arising from this jurisdiction's Anglican heritage, demographic development, current laws and social practices.
This classic textbook brings a modern perspective to the study of the law of equity. Its hallmark contextualized approach and commercial focus will help students understand the subject, and the authors' commentary on the factors informing trusts law allows students to confidently grapple with complex ideas.
Detailed, thorough and authoritative new edition of Moffat's Trusts Law.
Stephen Cretney has long been regarded as the leading English scholar in the field of family law, as prolific as he is profound. His writing has always been a model of elegance and erudition. Even had the essays in this book not been written in his honour they would inevitably have had to rely heavily on his work.
This textbook is an ambitious and engaging introduction to the more advanced writings on family law, primarily designed to allow students to 'get under the skin' of the topic and begin to build their critical thinking and analysis skills. Each chapter is structured around key questions and debates that provoke deeper thought and, ultimately, a clearer understanding. The aim of the book is therefore not to present a complete overview of theoretical issues in family law, but rather to illustrate the current debates which are currently going on among those working in shaping the area. The text features summaries of the views of notable experts on key topics and each chapter ends with a list of guided further reading.
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 parent...