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| Author | : Göran Lind |
| Publisher | : |
| Total Pages | : 1221 |
| Release | : 2008 |
| Genre | : Common law marriage |
| ISBN | : 9780199867837 |
This work presents a thorough legal history of common law marriage, from its origins to current law and possible future developments in law. The author researches current law by analyzing American cases and discussing the legal requirements for the establishment of a common law marriage.
| Author | : Goran Lind |
| Publisher | : Oxford University Press |
| Total Pages | : 1246 |
| Release | : 2008-09-02 |
| Genre | : Law |
| ISBN | : 0199710538 |
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.
| Author | : Nicholas L. Syrett |
| Publisher | : UNC Press Books |
| Total Pages | : 369 |
| Release | : 2016-09-02 |
| Genre | : Social Science |
| ISBN | : 1469629542 |
Most in the United States likely associate the concept of the child bride with the mores and practices of the distant past. But Nicholas L. Syrett challenges this assumption in his sweeping and sometimes shocking history of youthful marriage in America. Focusing on young women and girls--the most common underage spouses--Syrett tracks the marital history of American minors from the colonial period to the present, chronicling the debates and moral panics related to these unions. Although the frequency of child marriages has declined since the early twentieth century, Syrett reveals that the practice was historically far more widespread in the United States than is commonly thought. It also continues to this day: current estimates indicate that 9 percent of living American women were married before turning eighteen. By examining the legal and social forces that have worked to curtail early marriage in America--including the efforts of women's rights activists, advocates for children's rights, and social workers--Syrett sheds new light on the American public's perceptions of young people marrying and the ways that individuals and communities challenged the complex legalities and cultural norms brought to the fore when underage citizens, by choice or coercion, became husband and wife.
| Author | : Sanford N. Katz |
| Publisher | : Oxford University Press, USA |
| Total Pages | : 346 |
| Release | : 2015 |
| Genre | : Law |
| ISBN | : 0199759227 |
This volume examines the state of family law in America. Among its themes is the tension between individual autonomy and governmental regulation in all aspects of family law. It examines both conventional and new definitions of formal and informal domestic relationships.
| Author | : Paul A. Brand |
| Publisher | : Cambridge University Press |
| Total Pages | : 367 |
| Release | : 2012-01-12 |
| Genre | : Law |
| ISBN | : 1107018978 |
Leading historical research analysing the history of judges and judging, allowing comparisons between British, American, Commonwealth and Civil Law jurisdictions.
| Author | : Arnold H. Rutkin |
| Publisher | : |
| Total Pages | : |
| Release | : 1985 |
| Genre | : Domestic relations |
| ISBN | : |
| Author | : Tim Stretton |
| Publisher | : McGill-Queen's Press - MQUP |
| Total Pages | : 347 |
| Release | : 2013-12-01 |
| Genre | : Law |
| ISBN | : 0773590145 |
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).
| Author | : Joanna L. Grossman |
| Publisher | : Princeton University Press |
| Total Pages | : 456 |
| Release | : 2011-07-18 |
| Genre | : Law |
| ISBN | : 1400839777 |
A comprehensive social history of families and family law in twentieth-century America Inside the Castle is a comprehensive social history of twentieth-century family law in the United States. Joanna Grossman and Lawrence Friedman show how vast, oceanic changes in society have reshaped and reconstituted the American family. Women and children have gained rights and powers, and novel forms of family life have emerged. The family has more or less dissolved into a collection of independent individuals with their own wants, desires, and goals. Modern family law, as always, reflects the brute social and cultural facts of family life. The story of family law in the twentieth century is complex. This was the century that said goodbye to common-law marriage and breach-of-promise lawsuits. This was the century, too, of the sexual revolution and women's liberation, of gay rights and cohabitation. Marriage lost its powerful monopoly over legitimate sexual behavior. Couples who lived together without marriage now had certain rights. Gay marriage became legal in a handful of jurisdictions. By the end of the century, no state still prohibited same-sex behavior. Children in many states could legally have two mothers or two fathers. No-fault divorce became cheap and easy. And illegitimacy lost most of its social and legal stigma. These changes were not smooth or linear—all met with resistance and provoked a certain amount of backlash. Families took many forms, some of them new and different, and though buffeted by the winds of change, the family persisted as a central institution in society. Inside the Castle tells the story of that institution, exploring the ways in which law tried to penetrate and control this most mysterious realm of personal life.
| Author | : Jonathan Herring |
| Publisher | : Oxford University Press |
| Total Pages | : 137 |
| Release | : 2014-02 |
| Genre | : Law |
| ISBN | : 0199668523 |
What is a family? What makes someone a parent? What rights should children have? In this Very Short Introduction Jonathan Herring provides an insight not only into what the law is, but why it is the way it is. It also looks at the future to consider what families will look like in the years ahead, and what new dilemmas the courts may face.
| Author | : Cynthia Grant Bowman |
| Publisher | : Oxford University Press, USA |
| Total Pages | : 287 |
| Release | : 2010 |
| Genre | : Language Arts & Disciplines |
| ISBN | : 0195372271 |
In this work, Cynthia Grant Bowman explores legal recognition of opposite-sex cohabiting couples in the United States. The author argues that the many benefits attendant upon formal marriage should be extended to cohabitants who have lived together for more than two years or give birth to a child.
