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The Learned and Lived Law
This wide-ranging collection of essays reflects the manifold scholarly interests of legal historian Charles Donahue, whose former students engage here with questions related to foundational Roman law concepts, the impact of the law on women and families in medieval and early modern Europe, the intersection of law and religion, and the echoes of legal ideas on later developments in American law and in world literature and philosophy. From the monks of Metz to the book sellers of colonial Boston, from fourteenth-century English charters to the writings of Faust, these essays invite you to experience law at once learned and lived. Contributors are: Charles Bartlett, Anton Chaevitch, Wim Decock, Rowan Dorin, Sally E. Hadden, Elizabeth Haluska-Rausch, Nikitas E. Hatzimihail, Samantha Kahn Herrick, Daniel Jacobs, Elizabeth Papp Kamali, Amalia D. Kessler, Saskia Lettmaier, Sara McDougall, Stuart M. McManus, Elizabeth W. Mellyn, Bharath Palle, Ryan Rowberry, Carol Symes, James R. Townshend, and John Witte, Jr.
Broken Engagements
The common law action for breach of promise of marriage originated in the mid-seventeenth century, but it was not until the nineteenth century that it rose to prominence and became a regular feature in law courts and gossip columns. By 1940 the action was defunct, it was inconceivable for a respectable woman to bring such a case before the courts. What accounts for this dramatic rise and fall? This book ties the story of the action's prominence and decline between 1800 and 1940 to changes in the prevalent conception of woman, her ideal role in society, sexual relations, and the family. It argues that the idiosyncratic breach-of-promise suit and Victorian notions of ideal femininity were inex...
Men Getting Married in England, 1918–60
Starting after the Great War, this book charts the rise of the ritualistic engagement, the modern white wedding and the more widely available honeymoon holiday, to show changes and continuities in English masculinity by considering power relations between men and women. Through a close reading of a range of sources (including first-person testimonies, newspapers and etiquette manuals), power relations between bride and groom, and between different generations, are revealed in the context of social class and the rise of consumerism.
The Game of Love in Georgian England
Courtship in Georgian England was a decisive moment in the life cycle, often imagined as a tactical game. Sally Holloway uses a rich selection of material and written sources to explore the emotional experience of courtship between Georgian men and women, how love developed into a commercial industry, and what happened when engagements went awry.
Research Handbook on Marriage, Cohabitation and the Law
This insightful Research Handbook provides a global perspective on key legal debates surrounding marriage and cohabitation. Bringing together an impressive array of established and emerging scholars, it adopts a comparative approach to analyse cross-jurisdictional trends and divergences in relationship recognition and family formation.
Breach of Promise to Marry
A look back through the history of women who were about to be married only to be left at the altar—and left with no choice but to take their revenge. A wedding day is supposed to be the happiest, most special and blessed event in a bride’s life. And most of the time, it is. But sometimes, it is not. In this fun, fascinating look at betrothals that went bust before anyone even said “I do,” the authors have collected the true stories of what happened when the groom suddenly decided “I don’t.” From the 1780s right up to the 1970s, jilted women (and the occasional crushed suitor) employed a range of tactics to bring false lovers to book. Here is a full wedding party of cases in whi...
Spouses, Church, and State
Saskia Lettmaier explores what is arguably the greatest transformation to have occurred within the Western law of marriage in the last five hundred years: the shift from a unified marital order, legislated and adjudicated by a universal church and influenced by theological principles, to a non-unified marital order, legislated and adjudicated by separate and sovereign states and influenced by secular principles. These principles included the idea that it is best for everyone concerned that a marriage that has been emotionally outgrown by at least one partner should be freely dissoluble. She analyzes how and why this shift occurred, and why it occurred differently in different territories. Through the lens of the experiences of England and Protestant Germany (with a focus on Prussia), she explains not only the legal changes themselves, but also how and why the different nations developed specific approaches to marriage law.
The Origins of Sex
A man admits that, when drunk, he tried to have sex with an eighteen-year-old girl; she is arrested and denies they had intercourse, but finally begs God's forgiveness. Then she is publicly hanged alongside her attacker. These events took place in 1644, in Boston, where today they would be viewed with horror. How--and when--did such a complete transformation of our culture's attitudes toward sex occur? In The Origins of Sex, Faramerz Dabhoiwala provides a landmark history, one that will revolutionize our understanding of the origins of sexuality in modern Western culture. For millennia, sex had been strictly regulated by the Church, the state, and society, who vigorously and brutally attempt...
Subversion and Sympathy
"Subversion and Sympathy : Gender, Law, and the British Novel brings new energy and perspective to the law-and-literature movement. Focusing on the position of women in British novels of the eighteenth and nineteenth centuries - a period during which literature played a creative role in legal reform - the book illustrates the many ways in which the investigation of legal matters sheds new light on major literary works. At the same time, it shows that attention to literary representations of legal issues illuminates developments in the law by bringing to life matters at stake in legal reforms. In fourteen essays, the volume spans a range of gender-related issues, including inheritance, money ...
Marriage in Ireland, 1660–1925
Explores how marriage in Ireland was perceived, negotiated and controlled by church and state as well as by individuals across three centuries.
