Göran Lind
- Published in print:
- 2008
- Published Online:
- January 2009
- ISBN:
- 9780195366815
- eISBN:
- 9780199867837
- Item type:
- chapter
- Publisher:
- Oxford University Press
- DOI:
- 10.1093/acprof:oso/9780195366815.003.0007
- Subject:
- Law, Family Law
This chapter focuses on several aspects concerning inferred agreements in relation to marriage contracts. Section 7.2 addresses the reasons for accepting inferred agreements, with the establishment ...
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This chapter focuses on several aspects concerning inferred agreements in relation to marriage contracts. Section 7.2 addresses the reasons for accepting inferred agreements, with the establishment of a common law marriage. Section 7.3 considers the development of the law with respect to inferred agreements during the 1800s and 1900s. Section 7.4 addresses the status of inferred agreements today. Thereafter, a presentation concerning the most common evidentiary facts cited as support for inferred agreements is provided in Section 7.5. The courts's reasonings in a number of cases are further discussed in order to explore how the facts cited are used in the finding of the existence of an inferred marriage contract in Section 7.6 as well as the reasonings given in the cases in which no contract was found proven, as discussed in Section 7.7. The chapter ends with a summary and conclusions as to the present status of the law with respect to inferred agreements.Less
This chapter focuses on several aspects concerning inferred agreements in relation to marriage contracts. Section 7.2 addresses the reasons for accepting inferred agreements, with the establishment of a common law marriage. Section 7.3 considers the development of the law with respect to inferred agreements during the 1800s and 1900s. Section 7.4 addresses the status of inferred agreements today. Thereafter, a presentation concerning the most common evidentiary facts cited as support for inferred agreements is provided in Section 7.5. The courts's reasonings in a number of cases are further discussed in order to explore how the facts cited are used in the finding of the existence of an inferred marriage contract in Section 7.6 as well as the reasonings given in the cases in which no contract was found proven, as discussed in Section 7.7. The chapter ends with a summary and conclusions as to the present status of the law with respect to inferred agreements.
Göran Lind
- Published in print:
- 2008
- Published Online:
- January 2009
- ISBN:
- 9780195366815
- eISBN:
- 9780199867837
- Item type:
- chapter
- Publisher:
- Oxford University Press
- DOI:
- 10.1093/acprof:oso/9780195366815.003.0010
- Subject:
- Law, Family Law
This chapter examines how the conflict of laws principles are applied to the issue of whether a common law marriage has been established between parties with connections to states other than the ...
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This chapter examines how the conflict of laws principles are applied to the issue of whether a common law marriage has been established between parties with connections to states other than the common law state, through domicile, residence, or in another manner. Courts and governmental authorities in all of the states within the United States and many foreign countries may have to determine whether such a marriage has been established between a man and a woman who previously had been domiciled in a common law marriage state. In addition, a formless marriage can be established during a short visit by a cohabiting couple to a common law marriage state, even if they do not reside in one. This chapter further examines how the substantive law of common law marriage states is applied.Less
This chapter examines how the conflict of laws principles are applied to the issue of whether a common law marriage has been established between parties with connections to states other than the common law state, through domicile, residence, or in another manner. Courts and governmental authorities in all of the states within the United States and many foreign countries may have to determine whether such a marriage has been established between a man and a woman who previously had been domiciled in a common law marriage state. In addition, a formless marriage can be established during a short visit by a cohabiting couple to a common law marriage state, even if they do not reside in one. This chapter further examines how the substantive law of common law marriage states is applied.
Göran Lind
- Published in print:
- 2008
- Published Online:
- January 2009
- ISBN:
- 9780195366815
- eISBN:
- 9780199867837
- Item type:
- chapter
- Publisher:
- Oxford University Press
- DOI:
- 10.1093/acprof:oso/9780195366815.003.0013
- Subject:
- Law, Family Law
This chapter focuses on a critical discussion concerning the different constructions of the constitutive elements and presumptions applicable in the establishment of a common law marriage and a ...
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This chapter focuses on a critical discussion concerning the different constructions of the constitutive elements and presumptions applicable in the establishment of a common law marriage and a legally recognized cohabitation. This discussion is appropriate for two reasons. First, common law marriage, as a rule, has been accepted in the case law and, as a result, such discussion has seldom occurred. Second, solutions have been presented during the past thirty years in the cohabitation laws in the Western world. The chapter is directed primarily at lawmakers considering whether to recognize common law marriage or cohabitation.Less
This chapter focuses on a critical discussion concerning the different constructions of the constitutive elements and presumptions applicable in the establishment of a common law marriage and a legally recognized cohabitation. This discussion is appropriate for two reasons. First, common law marriage, as a rule, has been accepted in the case law and, as a result, such discussion has seldom occurred. Second, solutions have been presented during the past thirty years in the cohabitation laws in the Western world. The chapter is directed primarily at lawmakers considering whether to recognize common law marriage or cohabitation.
P. J. P. Goldberg
- Published in print:
- 1992
- Published Online:
- October 2011
- ISBN:
- 9780198201540
- eISBN:
- 9780191674938
- Item type:
- chapter
- Publisher:
- Oxford University Press
- DOI:
- 10.1093/acprof:oso/9780198201540.003.0005
- Subject:
- History, British and Irish Medieval History, Economic History
The question that underlies this study is the degree to which women were dependent upon marriage or were able to support themselves outside marriage. This chapter attempts to identify the marriage ...
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The question that underlies this study is the degree to which women were dependent upon marriage or were able to support themselves outside marriage. This chapter attempts to identify the marriage regime, to reconstruct patterns of marriage, and to understand these in the context of changes in the economic status of women in both town and country during the later Middle Ages. It contributes to the debate concerning marriage in late medieval England and the possible origins of the ‘European marriage pattern’. The deposition records of the York ecclesiastical court are valuable, providing an insight into the social context of marriage and the demography of marriage.Less
The question that underlies this study is the degree to which women were dependent upon marriage or were able to support themselves outside marriage. This chapter attempts to identify the marriage regime, to reconstruct patterns of marriage, and to understand these in the context of changes in the economic status of women in both town and country during the later Middle Ages. It contributes to the debate concerning marriage in late medieval England and the possible origins of the ‘European marriage pattern’. The deposition records of the York ecclesiastical court are valuable, providing an insight into the social context of marriage and the demography of marriage.
Julie Macfarlane
- Published in print:
- 2012
- Published Online:
- May 2012
- ISBN:
- 9780199753918
- eISBN:
- 9780199949588
- Item type:
- book
- Publisher:
- Oxford University Press
- DOI:
- 10.1093/acprof:oso/9780199753918.001.0001
- Subject:
- Religion, Islam
There is increasing attention among policy makers and the public to the role of shari’a in everyday life for Western Muslims, raising many negative associations and public fear. In fact, the most ...
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There is increasing attention among policy makers and the public to the role of shari’a in everyday life for Western Muslims, raising many negative associations and public fear. In fact, the most common way in which North American Muslims relate to shari’a is via observance of Islamic marriage and divorce rituals. Recourse to traditional Islamic marriage—or nikah—and, to a lesser extent, religious divorce, is common among Muslims regardless of their levels of traditional observance. Based on hundreds of personal interviews, this book describes Muslim marriage and divorce processes in the West, and what they mean to North American Muslims. The picture that emerges is of an idiosyncratic and inconsistent private ordering system, dominated by imams and other community leaders, and reflecting a range of attitudes towards contemporary norms, especially changes in gender roles. While there are many criticisms—in particular from women—of pervasive assumptions regarding traditional gender roles, there are also many who attest to the significance of Islamic marriage and divorce for them as believing Muslims and as members of their cultural community. A Western shari’a challenges the intersection between state sanction and private religious and cultural practice, particularly the balance between the state’s commitment to human rights and equality and the protection of religious freedom.Less
There is increasing attention among policy makers and the public to the role of shari’a in everyday life for Western Muslims, raising many negative associations and public fear. In fact, the most common way in which North American Muslims relate to shari’a is via observance of Islamic marriage and divorce rituals. Recourse to traditional Islamic marriage—or nikah—and, to a lesser extent, religious divorce, is common among Muslims regardless of their levels of traditional observance. Based on hundreds of personal interviews, this book describes Muslim marriage and divorce processes in the West, and what they mean to North American Muslims. The picture that emerges is of an idiosyncratic and inconsistent private ordering system, dominated by imams and other community leaders, and reflecting a range of attitudes towards contemporary norms, especially changes in gender roles. While there are many criticisms—in particular from women—of pervasive assumptions regarding traditional gender roles, there are also many who attest to the significance of Islamic marriage and divorce for them as believing Muslims and as members of their cultural community. A Western shari’a challenges the intersection between state sanction and private religious and cultural practice, particularly the balance between the state’s commitment to human rights and equality and the protection of religious freedom.
Laura Gowing
- Published in print:
- 1998
- Published Online:
- October 2011
- ISBN:
- 9780198207634
- eISBN:
- 9780191677755
- Item type:
- chapter
- Publisher:
- Oxford University Press
- DOI:
- 10.1093/acprof:oso/9780198207634.003.0005
- Subject:
- History, British and Irish Early Modern History, Social History
The moral culture of sexual honour centred on the marital relationship. Before the solemnization of marriage, couples came to the court in battles over the establishment of a conjugal relationship, ...
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The moral culture of sexual honour centred on the marital relationship. Before the solemnization of marriage, couples came to the court in battles over the establishment of a conjugal relationship, pleading or denying proofs of contracts to marry; after it, they came to obtain separation, on the grounds that the marital relationship had been destroyed. Testimonies in both cases describe at length the economic, affectional, and sexual relations that constituted conjugality, and the different parts men and women were expected to play both before and during marriage. Before marriage, litigation came to the court on the grounds of broken contracts of marriage. In London as elsewhere, cases of disputed marriage contracts were becoming rare in the late sixteenth century. They came to the church courts, as part of the spiritual jurisdiction's authority over the conjugal state, only when other formal and informal attempts at conciliation failed. The words of betrothal that formed the centrepiece of so many contract suits took place in a particular context: courtship in the presence of family, friends, and neighbours.Less
The moral culture of sexual honour centred on the marital relationship. Before the solemnization of marriage, couples came to the court in battles over the establishment of a conjugal relationship, pleading or denying proofs of contracts to marry; after it, they came to obtain separation, on the grounds that the marital relationship had been destroyed. Testimonies in both cases describe at length the economic, affectional, and sexual relations that constituted conjugality, and the different parts men and women were expected to play both before and during marriage. Before marriage, litigation came to the court on the grounds of broken contracts of marriage. In London as elsewhere, cases of disputed marriage contracts were becoming rare in the late sixteenth century. They came to the church courts, as part of the spiritual jurisdiction's authority over the conjugal state, only when other formal and informal attempts at conciliation failed. The words of betrothal that formed the centrepiece of so many contract suits took place in a particular context: courtship in the presence of family, friends, and neighbours.
Lawrence Stone
- Published in print:
- 1990
- Published Online:
- October 2011
- ISBN:
- 9780198226512
- eISBN:
- 9780191678646
- Item type:
- chapter
- Publisher:
- Oxford University Press
- DOI:
- 10.1093/acprof:oso/9780198226512.003.0003
- Subject:
- History, British and Irish Early Modern History, Social History
The courts survived the Reformation intact, and made regular use of archdeacon's visitations to oblige village churchwardens to report any cases of unmarried cohabitation, bastardy, adultery, or ...
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The courts survived the Reformation intact, and made regular use of archdeacon's visitations to oblige village churchwardens to report any cases of unmarried cohabitation, bastardy, adultery, or contract and clandestine marriages. The problem that faced the ecclesiastical courts after 1600 was how to deal with the massive revival during the late 1640s and 1650s of the practice of secret contracts, which had almost disappeared from court litigation before the war, and how to drive most of the population back into regular public weddings in the church. This chapter also examines the legal imperialism by the common law judges, suits for seduction of a daughter, and suits for breach of promise.Less
The courts survived the Reformation intact, and made regular use of archdeacon's visitations to oblige village churchwardens to report any cases of unmarried cohabitation, bastardy, adultery, or contract and clandestine marriages. The problem that faced the ecclesiastical courts after 1600 was how to deal with the massive revival during the late 1640s and 1650s of the practice of secret contracts, which had almost disappeared from court litigation before the war, and how to drive most of the population back into regular public weddings in the church. This chapter also examines the legal imperialism by the common law judges, suits for seduction of a daughter, and suits for breach of promise.
Lawrence Stone
- Published in print:
- 1992
- Published Online:
- October 2011
- ISBN:
- 9780198202530
- eISBN:
- 9780191675386
- Item type:
- chapter
- Publisher:
- Oxford University Press
- DOI:
- 10.1093/acprof:oso/9780198202530.003.0001
- Subject:
- History, British and Irish Early Modern History
This introductory chapter outlines the coverage of this book, which is about the uncertainties and ambiguities surrounding the making of marriage in early modern England. This book provides a series ...
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This introductory chapter outlines the coverage of this book, which is about the uncertainties and ambiguities surrounding the making of marriage in early modern England. This book provides a series of case studies ranging in date from the Restoration of the authority of the church in 1660 to the passage of the Marriage Act of 1753. The case studies cover a variety of marriage-related issues including verbal marriage contracts, customary concubinage, incestuous marriage, and clandestine marriages.Less
This introductory chapter outlines the coverage of this book, which is about the uncertainties and ambiguities surrounding the making of marriage in early modern England. This book provides a series of case studies ranging in date from the Restoration of the authority of the church in 1660 to the passage of the Marriage Act of 1753. The case studies cover a variety of marriage-related issues including verbal marriage contracts, customary concubinage, incestuous marriage, and clandestine marriages.
Linxia Liang
- Published in print:
- 2007
- Published Online:
- January 2012
- ISBN:
- 9780197263990
- eISBN:
- 9780191734373
- Item type:
- chapter
- Publisher:
- British Academy
- DOI:
- 10.5871/bacad/9780197263990.003.0008
- Subject:
- History, World Modern History
This chapter discusses some aspects of the codified rules that govern marriage. The discussion turns to the decisions of the magistrate's court to see how these rules were applied. The chapter also ...
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This chapter discusses some aspects of the codified rules that govern marriage. The discussion turns to the decisions of the magistrate's court to see how these rules were applied. The chapter also discusses three types of case in detail: divorce, a widow's remarriage, and breaking the marriage contract.Less
This chapter discusses some aspects of the codified rules that govern marriage. The discussion turns to the decisions of the magistrate's court to see how these rules were applied. The chapter also discusses three types of case in detail: divorce, a widow's remarriage, and breaking the marriage contract.
Lawrence Stone
- Published in print:
- 1992
- Published Online:
- October 2011
- ISBN:
- 9780198202530
- eISBN:
- 9780191675386
- Item type:
- chapter
- Publisher:
- Oxford University Press
- DOI:
- 10.1093/acprof:oso/9780198202530.003.0006
- Subject:
- History, British and Irish Early Modern History
This chapter presents a case study on the marriage contract in England, focusing on the case Brace v. Cudworth which was seen in court in 1682. The case was filed by John Brace to reclaim Mary ...
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This chapter presents a case study on the marriage contract in England, focusing on the case Brace v. Cudworth which was seen in court in 1682. The case was filed by John Brace to reclaim Mary Cudworth and have her marriage to Robert Harbach nullified. From the legal point of view, the main interest in the story is the independence conferred on Mary by controlling her own marriage portion and her skill in drafting an ironclad marriage contract.Less
This chapter presents a case study on the marriage contract in England, focusing on the case Brace v. Cudworth which was seen in court in 1682. The case was filed by John Brace to reclaim Mary Cudworth and have her marriage to Robert Harbach nullified. From the legal point of view, the main interest in the story is the independence conferred on Mary by controlling her own marriage portion and her skill in drafting an ironclad marriage contract.
Deborah Wilson
- Published in print:
- 2009
- Published Online:
- July 2012
- ISBN:
- 9780719077982
- eISBN:
- 9781781703328
- Item type:
- chapter
- Publisher:
- Manchester University Press
- DOI:
- 10.7228/manchester/9780719077982.003.0002
- Subject:
- History, Social History
Clandestine marriages presented a problem for the Irish elite, and, in a bid to protect their property interests, this led the Irish parliament to introduce statutory measures to intervene in the ...
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Clandestine marriages presented a problem for the Irish elite, and, in a bid to protect their property interests, this led the Irish parliament to introduce statutory measures to intervene in the previously private act of marriage. This chapter explores this unprecedented intervention in the marriage contract, which declared some marriages legally invalid, within the context of the development of statute law on marriage in the seventeenth century in Ireland. The problems of coverture, from the perspective of the Irish political elite, were the impact it had on the protection of protestant property interests. This is illustrated by the problem of the abduction of heiresses in Ireland. In the history of abduction, women feature as victims of their gender and legal status. The reputations, and sometimes the lives, of propertied women were endangered by the opportunism of socially and economically marginalised lower gentry, who regarded abduction, although illegal and often violent, as ‘strategies through which property could be gained’.Less
Clandestine marriages presented a problem for the Irish elite, and, in a bid to protect their property interests, this led the Irish parliament to introduce statutory measures to intervene in the previously private act of marriage. This chapter explores this unprecedented intervention in the marriage contract, which declared some marriages legally invalid, within the context of the development of statute law on marriage in the seventeenth century in Ireland. The problems of coverture, from the perspective of the Irish political elite, were the impact it had on the protection of protestant property interests. This is illustrated by the problem of the abduction of heiresses in Ireland. In the history of abduction, women feature as victims of their gender and legal status. The reputations, and sometimes the lives, of propertied women were endangered by the opportunism of socially and economically marginalised lower gentry, who regarded abduction, although illegal and often violent, as ‘strategies through which property could be gained’.
Alexander Samson
- Published in print:
- 2020
- Published Online:
- September 2020
- ISBN:
- 9781526142238
- eISBN:
- 9781526152091
- Item type:
- chapter
- Publisher:
- Manchester University Press
- DOI:
- 10.7765/9781526142245.00007
- Subject:
- History, British and Irish Early Modern History
Unpicking the long association of Mary and her marriage with abrogation of English sovereignty, which historians have argued followed the reintroduction of papal jurisdiction, this chapter counters ...
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Unpicking the long association of Mary and her marriage with abrogation of English sovereignty, which historians have argued followed the reintroduction of papal jurisdiction, this chapter counters by showing how England’s imperial status was assured and extended by the marriage. It looks at the way the marriage contract’s terms and restrictions responded to anxieties about a regnant queen, analysing the law tenant by courtesy, contemporary legal commentary and the echoes of Ferdinand and Isabella’s contract. Mary made her decision in the face of widespread opposition amongst her household, the Privy Council and parliament. Finally, it counters the notion of Philip’s or Spanish unwillingness or hesitation, demonstrating their impossible financial position and reading Philip’s ad cautelam instrument as an understandable precaution.Less
Unpicking the long association of Mary and her marriage with abrogation of English sovereignty, which historians have argued followed the reintroduction of papal jurisdiction, this chapter counters by showing how England’s imperial status was assured and extended by the marriage. It looks at the way the marriage contract’s terms and restrictions responded to anxieties about a regnant queen, analysing the law tenant by courtesy, contemporary legal commentary and the echoes of Ferdinand and Isabella’s contract. Mary made her decision in the face of widespread opposition amongst her household, the Privy Council and parliament. Finally, it counters the notion of Philip’s or Spanish unwillingness or hesitation, demonstrating their impossible financial position and reading Philip’s ad cautelam instrument as an understandable precaution.
Sophie Gilmartin and Rod Mengham
- Published in print:
- 2007
- Published Online:
- March 2012
- ISBN:
- 9780748632657
- eISBN:
- 9780748651641
- Item type:
- book
- Publisher:
- Edinburgh University Press
- DOI:
- 10.3366/edinburgh/9780748632657.001.0001
- Subject:
- Literature, 19th-century and Victorian Literature
This critical study of Hardy's short stories provides a thorough account of the ruling preoccupations and recurrent writing strategies of his entire corpus, as well as providing detailed readings of ...
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This critical study of Hardy's short stories provides a thorough account of the ruling preoccupations and recurrent writing strategies of his entire corpus, as well as providing detailed readings of several individual texts. It relates the formal choices imposed on Hardy as contributor to Blackwood's Magazine and other periodicals to the methods he employed to encode in fiction his troubled attitude towards the social politics of the West Country, where most of the stories are set. The book draws on the work of social historians to make clear the background of social and political unrest in Dorset at the time of Hardy's writing, and offers insights into his near-obsession with the marriage contract and its legal binding of erratic men and women. No previous criticism has shown how the powerful challenges to the reader, mounted in Hardy's later stories, reveal the complexity of his motivations during a period when he was moving progressively in the direction of exchanging fiction for poetry.Less
This critical study of Hardy's short stories provides a thorough account of the ruling preoccupations and recurrent writing strategies of his entire corpus, as well as providing detailed readings of several individual texts. It relates the formal choices imposed on Hardy as contributor to Blackwood's Magazine and other periodicals to the methods he employed to encode in fiction his troubled attitude towards the social politics of the West Country, where most of the stories are set. The book draws on the work of social historians to make clear the background of social and political unrest in Dorset at the time of Hardy's writing, and offers insights into his near-obsession with the marriage contract and its legal binding of erratic men and women. No previous criticism has shown how the powerful challenges to the reader, mounted in Hardy's later stories, reveal the complexity of his motivations during a period when he was moving progressively in the direction of exchanging fiction for poetry.
John Roy Lynch
John Hope Franklin (ed.)
- Published in print:
- 2008
- Published Online:
- January 2021
- ISBN:
- 9781604731149
- eISBN:
- 9781496833624
- Item type:
- chapter
- Publisher:
- University Press of Mississippi
- DOI:
- 10.14325/mississippi/9781604731149.003.0002
- Subject:
- History, African-American History
This chapter examines how Catherine White and her children were bought by Alfred V. Davis. Catherine accepted the situation with calmness and resignation, and she considered herself fortunate in ...
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This chapter examines how Catherine White and her children were bought by Alfred V. Davis. Catherine accepted the situation with calmness and resignation, and she considered herself fortunate in being at the mercy of such a just, fair, and humane man as she had every reason to believe Davis to be. To the everlasting credit of Davis, he lived up to, and faithfully carried out, every pledge and promise he made. The chapter then considers slave marriages. The fact must not be overlooked that, under the municipal or local law, or lex loci, there could be no such thing as a legal marriage between two persons of the colored or African race or between a white and colored person. Such unions were recognized and accepted as common-law marriages, although under the common law a marriage is a civil contract entered into between two persons capable of making contracts. Under the municipal law, colored people could not legally become parties to a valid contract, marriage contracts not excepted, because in law they were not persons capable of making contracts.Less
This chapter examines how Catherine White and her children were bought by Alfred V. Davis. Catherine accepted the situation with calmness and resignation, and she considered herself fortunate in being at the mercy of such a just, fair, and humane man as she had every reason to believe Davis to be. To the everlasting credit of Davis, he lived up to, and faithfully carried out, every pledge and promise he made. The chapter then considers slave marriages. The fact must not be overlooked that, under the municipal or local law, or lex loci, there could be no such thing as a legal marriage between two persons of the colored or African race or between a white and colored person. Such unions were recognized and accepted as common-law marriages, although under the common law a marriage is a civil contract entered into between two persons capable of making contracts. Under the municipal law, colored people could not legally become parties to a valid contract, marriage contracts not excepted, because in law they were not persons capable of making contracts.
Dana Wessell Lightfoot
- Published in print:
- 2013
- Published Online:
- May 2014
- ISBN:
- 9780719089466
- eISBN:
- 9781781706633
- Item type:
- chapter
- Publisher:
- Manchester University Press
- DOI:
- 10.7228/manchester/9780719089466.003.0005
- Subject:
- History, Social History
Chapter Four of this moves away from the dotal regime to explore another system of marital assigns utilized in late medieval Valencian society, known as germania. This regime stipulated that all of a ...
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Chapter Four of this moves away from the dotal regime to explore another system of marital assigns utilized in late medieval Valencian society, known as germania. This regime stipulated that all of a couple’s assets would be held together as a conjugal fund for the duration of the marriage. When one member of the couple died, the survivor received half of the assets, with the other half devolved upon their children. If there were no offspring, the survivor received the entirety of the fund. This type of marriage contract was not formally recognized by the Furs, although a large minority of lower status Valencian women utilized this system. Historians have argued that women who married under a regime such as the germania had greater equality in marriage; however, this chapter argues that the absence of legal protection could place these wives in difficult situations.Less
Chapter Four of this moves away from the dotal regime to explore another system of marital assigns utilized in late medieval Valencian society, known as germania. This regime stipulated that all of a couple’s assets would be held together as a conjugal fund for the duration of the marriage. When one member of the couple died, the survivor received half of the assets, with the other half devolved upon their children. If there were no offspring, the survivor received the entirety of the fund. This type of marriage contract was not formally recognized by the Furs, although a large minority of lower status Valencian women utilized this system. Historians have argued that women who married under a regime such as the germania had greater equality in marriage; however, this chapter argues that the absence of legal protection could place these wives in difficult situations.
Carl J. Ekberg and Sharon K. Person
- Published in print:
- 2015
- Published Online:
- April 2017
- ISBN:
- 9780252038976
- eISBN:
- 9780252096938
- Item type:
- chapter
- Publisher:
- University of Illinois Press
- DOI:
- 10.5406/illinois/9780252038976.003.0007
- Subject:
- History, American History: early to 18th Century
This chapter examines how the Coutume de Paris (customary law of Paris) influenced nineteenth-century domestic affairs, especially inheritance practices, in a large swath of northern France, as well ...
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This chapter examines how the Coutume de Paris (customary law of Paris) influenced nineteenth-century domestic affairs, especially inheritance practices, in a large swath of northern France, as well as in French colonies such as Missouri. Beginning in the 1720s, the Coutume was regularly cited in Illinois Country legal documents, with Charles-Joseph Labuxière, acting as the strict custodian of French law and legal traditions in St. Louis. French Canadians who settled early at Cahokia and Kaskaskia adhered loosely to many provisions of traditional French customary law, but it took a while for the Coutume to be fully institutionalized in the Illinois Country. This chapter analyzes the human dimensions of the Coutume as it was implemented in St. Louis by presenting case histories about marriages and marriage contracts, buying and selling property, and making arrangements for old age and death. These case histories illuminate how the law helped guide village families in the management of their mortal affairs.Less
This chapter examines how the Coutume de Paris (customary law of Paris) influenced nineteenth-century domestic affairs, especially inheritance practices, in a large swath of northern France, as well as in French colonies such as Missouri. Beginning in the 1720s, the Coutume was regularly cited in Illinois Country legal documents, with Charles-Joseph Labuxière, acting as the strict custodian of French law and legal traditions in St. Louis. French Canadians who settled early at Cahokia and Kaskaskia adhered loosely to many provisions of traditional French customary law, but it took a while for the Coutume to be fully institutionalized in the Illinois Country. This chapter analyzes the human dimensions of the Coutume as it was implemented in St. Louis by presenting case histories about marriages and marriage contracts, buying and selling property, and making arrangements for old age and death. These case histories illuminate how the law helped guide village families in the management of their mortal affairs.
Kenneth McK Norrie
- Published in print:
- 2011
- Published Online:
- September 2015
- ISBN:
- 9781845861193
- eISBN:
- 9781474406246
- Item type:
- chapter
- Publisher:
- Edinburgh University Press
- DOI:
- 10.3366/edinburgh/9781845861193.003.0042
- Subject:
- Law, Family Law
Discusses marriage contracts and separation agreements. Explores the differences of approach between Scots law and English law, and discusses two cases on section 16 of the Family Law (Scotland) Act ...
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Discusses marriage contracts and separation agreements. Explores the differences of approach between Scots law and English law, and discusses two cases on section 16 of the Family Law (Scotland) Act 1985, which allows a party to escape from such an agreement if it is not fair and reasonable.Less
Discusses marriage contracts and separation agreements. Explores the differences of approach between Scots law and English law, and discusses two cases on section 16 of the Family Law (Scotland) Act 1985, which allows a party to escape from such an agreement if it is not fair and reasonable.
Laura Gowing
- Published in print:
- 1998
- Published Online:
- October 2011
- ISBN:
- 9780198207634
- eISBN:
- 9780191677755
- Item type:
- chapter
- Publisher:
- Oxford University Press
- DOI:
- 10.1093/acprof:oso/9780198207634.003.0008
- Subject:
- History, British and Irish Early Modern History, Social History
In the civic world of late sixteenth- and early seventeenth-century London, moral discipline made the sexual and marital lives of women and men a public concern. The invocation of moral rules in ...
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In the civic world of late sixteenth- and early seventeenth-century London, moral discipline made the sexual and marital lives of women and men a public concern. The invocation of moral rules in language and litigation reveals a culture in which ideas of honesty, virtue, and honour were the weapons of both gender relations and social relations. The business of the church courts, ruled as it was by the prescriptions of canon law, was also shaped by popular participation. Litigation about marriage contracts came to focus on the broader proofs of affection, words, and tokens that told a much fuller story of pre-conjugal relations. Plaintiffs for marital separation followed popular morals in suing cases distinguished rigidly by gender, enlarging on the basic allegations of adultery or cruelty with stories that covered a whole range of perceived violations of conjugal relations.Less
In the civic world of late sixteenth- and early seventeenth-century London, moral discipline made the sexual and marital lives of women and men a public concern. The invocation of moral rules in language and litigation reveals a culture in which ideas of honesty, virtue, and honour were the weapons of both gender relations and social relations. The business of the church courts, ruled as it was by the prescriptions of canon law, was also shaped by popular participation. Litigation about marriage contracts came to focus on the broader proofs of affection, words, and tokens that told a much fuller story of pre-conjugal relations. Plaintiffs for marital separation followed popular morals in suing cases distinguished rigidly by gender, enlarging on the basic allegations of adultery or cruelty with stories that covered a whole range of perceived violations of conjugal relations.
Sarah Beckwith
- Published in print:
- 2011
- Published Online:
- August 2016
- ISBN:
- 9780801449789
- eISBN:
- 9780801460623
- Item type:
- chapter
- Publisher:
- Cornell University Press
- DOI:
- 10.7591/cornell/9780801449789.003.0003
- Subject:
- Literature, Shakespeare Studies
This chapter explores the language of promising by focusing on Measure for Measure, a play by William Shakespeare in which marriage contracts and the relation between intent and consent are ...
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This chapter explores the language of promising by focusing on Measure for Measure, a play by William Shakespeare in which marriage contracts and the relation between intent and consent are particularly at issue. In Measure for Measure, the marriages that conventionally end comedy are a punishment woven into the penitential investigations of the play, made necessary because sex is seen under the sign of sin. At the end of the play, there are two forced marriages and an ambiguously unwelcome proposal for another. This chapter considers how the marriage contract tackled in Measure for Measure is fulfilled, but in ways that appear to end the comic tradition in Shakespeare. It also discusses the play's depiction of sin and reformation, along with the “remedies” for sin in the post-Reformation setting when the interior forum for penance had been abandoned.Less
This chapter explores the language of promising by focusing on Measure for Measure, a play by William Shakespeare in which marriage contracts and the relation between intent and consent are particularly at issue. In Measure for Measure, the marriages that conventionally end comedy are a punishment woven into the penitential investigations of the play, made necessary because sex is seen under the sign of sin. At the end of the play, there are two forced marriages and an ambiguously unwelcome proposal for another. This chapter considers how the marriage contract tackled in Measure for Measure is fulfilled, but in ways that appear to end the comic tradition in Shakespeare. It also discusses the play's depiction of sin and reformation, along with the “remedies” for sin in the post-Reformation setting when the interior forum for penance had been abandoned.
Sophie Gilmartin and Rod Mengham
- Published in print:
- 2007
- Published Online:
- March 2012
- ISBN:
- 9780748632657
- eISBN:
- 9780748651641
- Item type:
- chapter
- Publisher:
- Edinburgh University Press
- DOI:
- 10.3366/edinburgh/9780748632657.003.0002
- Subject:
- Literature, 19th-century and Victorian Literature
This chapter examines A Group of Noble Dames, a collection of stories that mostly feature cross-class relationships or marriages. It shows several ‘noble dames’ who marry men from lower classes, as ...
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This chapter examines A Group of Noble Dames, a collection of stories that mostly feature cross-class relationships or marriages. It shows several ‘noble dames’ who marry men from lower classes, as well as the complications that arise over whom they have married. This can serve as an introduction to some of the confusions and detailed circumstances that appear to exercise every change of adultery, marriage, and widowhood. The chapter presents the different phases of womanhood and the performative language of the marriage vow. It notes Hardy's use of strained and complicated events that put pressure on the marriage contract, pushing it to the point of breakage or exhaustion. The chapter also considers illegitimacy, secrets of women, and how pain in these stories is expressed through dialogue.Less
This chapter examines A Group of Noble Dames, a collection of stories that mostly feature cross-class relationships or marriages. It shows several ‘noble dames’ who marry men from lower classes, as well as the complications that arise over whom they have married. This can serve as an introduction to some of the confusions and detailed circumstances that appear to exercise every change of adultery, marriage, and widowhood. The chapter presents the different phases of womanhood and the performative language of the marriage vow. It notes Hardy's use of strained and complicated events that put pressure on the marriage contract, pushing it to the point of breakage or exhaustion. The chapter also considers illegitimacy, secrets of women, and how pain in these stories is expressed through dialogue.
