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Law Reform in Early Modern England

Law Reform in Early Modern England
Author: Barbara J Shapiro
Publisher: Bloomsbury Publishing
Total Pages: 272
Release: 2020-02-20
Genre: Law
ISBN: 1509934235

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This book provides an illuminating commentary of law reform in the early modern era (1500–1740) and views the moves to improve law and legal institutions in the context of changing political and governmental environments. Taking a fresh look at law reform over several centuries, it explores the efforts of the king and parliament, and the body of literature supporting law reform that emerged with the growth of print media, to assess the place of the well-known attempts of the revolutionary era in the context of earlier and later movements. Law reform is seen as a long term concern and a longer time frame is essential to understand the 1640–1660 reform measures. The book considers two law reform movements: the moderate movement which had a lengthy history and whose chief supporters were the governmental and parliamentary elites, and which focused on improving existing law and legal institutions, and the radical reform movement, which was concentrated in the revolutionary decades and which sought to overthrow the common law, the legal profession and the existing system of courts. Informed by attention to the institutional difficulties in completing legislation, this highlights the need to examine particular parliaments. Although lawyers have often been seen as the chief obstacles to law reform, this book emphasises their contributions – particularly their role in legislation and in reforming the corpus of legal materials – and highlights the previously ignored reform efforts of Lord Chancellors.


Marriage, Separation, and Divorce in England, 1500-1700

Marriage, Separation, and Divorce in England, 1500-1700
Author: K. J. Kesselring
Publisher: Oxford University Press
Total Pages: 210
Release: 2022-02-17
Genre: History
ISBN: 0192666959

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England is well known as the only Protestant state not to introduce divorce in the sixteenth-century Reformation. Only at the end of the seventeenth century did divorce by private act of parliament become available for a select few men and only in 1857 did the Divorce Act and its creation of judicial divorces extend the possibility more broadly. Aspects of the history of divorce are well known from studies which typically privilege the records of the church courts that claimed a monopoly on marriage. But why did England alone of all Protestant jurisdictions not allow divorce with remarriage in the era of the Reformation, and how did people in failed marriages cope with this absence? One part of the answer to the first question, Kesselring and Stretton argue, and a factor that shaped people's responses to the second, lay in another distinctive aspect of English law: its common-law formulation of coverture, the umbrella term for married women's legal status and property rights. The bonds of marriage stayed tightly tied in post-Reformation England in part because marriage was as much about wealth as it was about salvation or sexuality, and English society had deeply invested in a system that subordinated a wife's identity and property to those of the man she married. To understand this dimension of divorce's history, this study looks beyond the church courts to the records of other judicial bodies, the secular courts of common law and equity, to bring fresh perspective to a history that remains relevant today.


The Oxford Handbook of English Law and Literature, 1500-1700

The Oxford Handbook of English Law and Literature, 1500-1700
Author: Lorna Hutson
Publisher: Oxford University Press
Total Pages: 833
Release: 2017
Genre: History
ISBN: 0199660883

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"This Handbook triangulates the disciplines of history, legal history, and literature to produce a new, interdisciplinary framework for the study of early modern England. Scholars of early modern English literature and history have increasingly found that an understanding of how people in the past thought about and used the law is key to understanding early modern familial and social relations as well as important aspects of the political revolution and the emergence of capitalism. Judicial or forensic rhetoric has been shown to foster new habits of literary composition (poetry and drama) and new processes of fact-finding and evidence evaluation. In addition, the post-Reformation jurisdictional dominance of the common law produced new ways of drawing the boundaries between private conscience and public accountability. Accordingly, historians, critics and legal historians come together in this Handbook to develop accounts of the past that are attentive to the legally purposeful or fictional shaping of events in the historical archive.They also contribute to a transformation of our understanding of the place of forensic modes of inquiry in the creation of imaginative fiction and drama. Chapters in the Handbook approach, from a diversity of perspectives, topics including forensic rhetoric, humanist and legal education, Inns of Court revels, drama, poetry, emblem books, marriage and divorce, witchcraft, contract, property, imagination, oaths, evidence, community, local government, legal reform, libel, censorship, authorship, torture, slavery, liberty, due process, the nation state, colonialism, and empire"--Book jacket.


A History of Law in Europe

A History of Law in Europe
Author: Antonio Padoa-Schioppa
Publisher: Cambridge University Press
Total Pages: 823
Release: 2017-08-03
Genre: History
ISBN: 1107180694

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The first English translation of a comprehensive legal history of Europe from the early middle ages to the twentieth century, encompassing both the common aspects and the original developments of different countries. As well as legal scholars and professionals, it will appeal to those interested in the general history of European civilisation.


Quantitative Methods in Comparative Law

Quantitative Methods in Comparative Law
Author: Pier G. Monateri
Publisher: Edward Elgar Publishing
Total Pages: 201
Release: 2023-11-03
Genre: Law
ISBN: 1802204458

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This invaluable and timely book provides a comprehensive “Conflict Prevention and Friction Analysis (CPFA) Model” for researching comparative law in our increasingly technology-led legal and economic order. It provides an in-depth examination of practical case studies, showcasing the real-world application of quantitative methods and theoretical approaches for analysing legal issues.


Print and Power in Early Modern Europe (1500–1800)

Print and Power in Early Modern Europe (1500–1800)
Author: Nina Lamal
Publisher: BRILL
Total Pages: 461
Release: 2021-06-08
Genre: History
ISBN: 9004448896

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Print, in the early modern period, could make or break power. This volume addresses one of the most urgent and topical questions in early modern history: how did European authorities use a new medium with such tremendous potential? The eighteen contributors develop new perspectives on the relationship between the rise of print and the changing relationships between subjects and rulers by analysing print’s role in early modern bureaucracy, the techniques of printed propaganda, genres, and strategies of state communication. While print is often still thought of as an emancipating and disruptive force of change in early modern societies, the resulting picture shows how instrumental print was in strengthening existing power structures. Contributors: Renaud Adam, Martin Christ, Jamie Cumby, Arthur der Weduwen, Nora Epstein, Andreas Golob, Helmer Helmers, Jan Hillgärtner, Rindert Jagersma, Justyna Kiliańczyk-Zięba, Nina Lamal, Margaret Meserve, Rachel Midura, Gautier Mingous, Ernesto E. Oyarbide Magaña, Caren Reimann, Chelsea Reutchke, Celyn David Richards, Paolo Sachet, Forrest Strickland, and Ramon Voges.


The American Law Institute

The American Law Institute
Author:
Publisher: Oxford University Press
Total Pages: 505
Release: 2023-05-02
Genre:
ISBN: 019768534X

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The centennial of the American Law Institute is a landmark event. A lifespan of one hundred years is significant for a law reform project. Most such initiatives terminate when they achieve their limited goals, they fail, or members lose interest when their funding runs out. Instead, the American Law Institute is the preeminent legal reform organisation in the United States and remains an enterprise in full vigour, with an enormous number of projects completed and an impressive array of projects in forward motion. The American Law Institute: A Centennial History brings together an outstanding group of expert scholars, several of them current or former Reporters for the ALI Restatements of Law, to provide an in-depth scholarly history of the ALI, its role in legal reform, and the various ways it has impacted law in the United States. The resulting collection of essays provides original and important perspectives on both the ALI and its relevance for American Law. This book offers a window into the course of legal thought over the past century and is a must-read for academics, practitioners, and all those interested in the way laws are shaped within the United States.


English Society 1580–1680

English Society 1580–1680
Author: Keith Wrightson
Publisher: Routledge
Total Pages: 271
Release: 2013-06-17
Genre: History
ISBN: 1136487034

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English Society, 1580-1680 paints a fascinating picture of society and rural change in the late sixteenth and early seventeenth centuries. Keith Wrightson discusses both the enduring characteristics of society as well as the course of social change, and emphasizes the wide variation in experience between different social groups and local communities. This is an excellent interpretation of English society, its continuity and its change.


Reformation in Britain and Ireland

Reformation in Britain and Ireland
Author: Felicity Heal
Publisher: OUP Oxford
Total Pages: 587
Release: 2003-03-20
Genre: History
ISBN: 0191520586

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The study of the Reformation in England and Wales, Ireland and Scotland has usually been treated by historians as a series of discrete national stories. Reformation in Britain and Ireland draws upon the growing genre of writing about British History to construct an innovative narrative of religious change in the four countries/three kingdoms. The text uses a broadly chronological framework to consider the strengths and weaknesses of the pre-Reformation churches; the political crises of the break with Rome; the development of Protestantism and changes in popular religious culture. The tools of conversion - the Bible, preaching and catechising - are accorded specific attention, as is doctrinal change. It is argued that political calculations did most to determine the success or failure of reformation, though the ideological commitment of a clerical elite was also of central significance.