Feminism, Marriage, and the Law in Victorian England, 1850-1895

Feminism, Marriage, and the Law in Victorian England, 1850-1895
Author: Mary Lyndon Shanley
Publisher: Princeton University Press
Total Pages: 224
Release: 2020-07-21
Genre: History
ISBN: 0691215987

Bridging the fields of political theory and history, this comprehensive study of Victorian reforms in marriage law reshapes our understanding of the feminist movement of that period. As Mary Shanley shows, Victorian feminists argued that justice for women would not follow from public rights alone, but required a fundamental transformation of the marriage relationship.

A Matter of Interpretation

A Matter of Interpretation
Author: Antonin Scalia
Publisher: Princeton University Press
Total Pages: 197
Release: 2018-01-30
Genre: Law
ISBN: 0691174040

We are all familiar with the image of the immensely clever judge who discerns the best rule of common law for the case at hand. According to U.S. Supreme Court Justice Antonin Scalia, a judge like this can maneuver through earlier cases to achieve the desired aim—“distinguishing one prior case on his left, straight-arming another one on his right, high-stepping away from another precedent about to tackle him from the rear, until (bravo!) he reaches the goal—good law." But is this common-law mindset, which is appropriate in its place, suitable also in statutory and constitutional interpretation? In a witty and trenchant essay, Justice Scalia answers this question with a resounding negative. In exploring the neglected art of statutory interpretation, Scalia urges that judges resist the temptation to use legislative intention and legislative history. In his view, it is incompatible with democratic government to allow the meaning of a statute to be determined by what the judges think the lawgivers meant rather than by what the legislature actually promulgated. Eschewing the judicial lawmaking that is the essence of common law, judges should interpret statutes and regulations by focusing on the text itself. Scalia then extends this principle to constitutional law. He proposes that we abandon the notion of an everchanging Constitution and pay attention to the Constitution's original meaning. Although not subscribing to the “strict constructionism” that would prevent applying the Constitution to modern circumstances, Scalia emphatically rejects the idea that judges can properly “smuggle” in new rights or deny old rights by using the Due Process Clause, for instance. In fact, such judicial discretion might lead to the destruction of the Bill of Rights if a majority of the judges ever wished to reach that most undesirable of goals. This essay is followed by four commentaries by Professors Gordon Wood, Laurence Tribe, Mary Ann Glendon, and Ronald Dworkin, who engage Justice Scalia’s ideas about judicial interpretation from varying standpoints. In the spirit of debate, Justice Scalia responds to these critics. Featuring a new foreword that discusses Scalia’s impact, jurisprudence, and legacy, this witty and trenchant exchange illuminates the brilliance of one of the most influential legal minds of our time.

The Oxford Handbook of Legal History

The Oxford Handbook of Legal History
Author: Markus D. Dubber
Publisher: Oxford University Press
Total Pages: 1201
Release: 2018-08-02
Genre: Law
ISBN: 0192513133

Some of the most exciting and innovative legal scholarship has been driven by historical curiosity. Legal history today comes in a fascinating array of shapes and sizes, from microhistory to global intellectual history. Legal history has expanded beyond traditional parochial boundaries to become increasingly international and comparative in scope and orientation. Drawing on scholarship from around the world, and representing a variety of methodological approaches, areas of expertise, and research agendas, this timely compendium takes stock of legal history and methodology and reflects on the various modes of the historical analysis of law, past, present, and future. Part I explores the relationship between legal history and other disciplinary perspectives including economic, philosophical, comparative, literary, and rhetorical analysis of law. Part II considers various approaches to legal history, including legal history as doctrinal, intellectual, or social history. Part III focuses on the interrelation between legal history and jurisprudence by investigating the role and conception of historical inquiry in various models, schools, and movements of legal thought. Part IV traces the place and pursuit of historical analysis in various legal systems and traditions across time, cultures, and space. Finally, Part V narrows the Handbooks focus to explore several examples of legal history in action, including its use in various legal doctrinal contexts.

Feminism, Marriage and the Law in Victorian England, 1850-95

Feminism, Marriage and the Law in Victorian England, 1850-95
Author: Mary Lyndon Shanley
Publisher: Bloomsbury Academic
Total Pages: 220
Release: 2021-02-25
Genre: History
ISBN: 9781350189072

“Important both for political theorists and for women's studies. She explores with great care and thoroughness the connections between nineteenth century feminist argument and activism on the one hand, and familiar liberal principles of justice and equality on the other” - Nannerl 0. Keohane, Wellesley College Traditional studies of the women's movement in Victorian England focused on the battle for suffrage and other public rights. In this new study, however, Mary Lyndon Shanlev explores how Victorian women campaigned to reform the laws which related to marriage and the married state. Arguing that without a fundamental transformation of the marriage relationship there would be no justice for women, they fought a series of campaigns to change laws governing divorce, married women's property, infanticide, protective labour legislation, child custody, wife abuse, marital rape and the “restitution of conjugal rights”. Women involved in these campaigns exposed the connection between the privileged position of men in both public and private life and the reluctance of Parliament to enact the reforms women sought. In a series of case studies Shanley explores the demands of the reformers, and the response of Parliament. In an Epilogue, Shanley warns of the dangers to liberal feminism in relying exclusively on equal rights in the law as a formula for change.

The Family in Early Modern England

The Family in Early Modern England
Author: Helen Berry
Publisher: Cambridge University Press
Total Pages: 233
Release: 2007-12-06
Genre: History
ISBN: 0521858763

This text provides an assessment of the most important research published in the past three decades on the English family.

Women, Work And Sexual Politics In Eighteenth-Century England

Women, Work And Sexual Politics In Eighteenth-Century England
Author: Bridget Hill
Publisher: Routledge
Total Pages: 256
Release: 2005-08-04
Genre: History
ISBN: 1135368848

The author offers a reassessment of how women's experience of work in 18th- century England was affected by industrialization and other elements of economic, social and technological change.; This study focuses on the household, the most important unit of production in the 18th century. Hill examines the work done by the women of the household, not only in "housework" but also in agriculture and manufacturing, and explains what women lost as the household's independence as a unit of economic production was undermined.; Considering the whole range of activities in which women were involved - including many occupations unrecorded in censuses which have, therefore, been largely ignored by historians - Hill charts the increasing sexual division of labour and highlights its implications. She also discusses the role of service in husbandry and apprenticeship, as sources of training for women, and the consequences of their decline.; The final part of the book considers how the changing nature of women's work influenced courtship, marriage and relations between the sexes. Among the topics discussed are the importance of the women's contribution to setting up and maintaining a household; labouring women's attitudes to marriage and divorce and the customary alternatives to them; and the role of spinsters and widows. The author concludes by asking to what extent the industrial revolution improved the overall position of women and the opportunities open to them.; This series aims to re-establish women's history, and to challenge the assumptions of much mainstream history. Focusing on the modern period and encouraging perspectives from other disciplines, it seeks to concentrate upon areas of focal importance in the history of Britain and continental Europe.; Bridget Hill is the author of "Eighteenth-Century Women: An Anthology" and "The First English Feminist".

Labour Law, Work, and Family

Labour Law, Work, and Family
Author: Joanne Conaghan
Publisher:
Total Pages: 392
Release: 2005
Genre: Business & Economics
ISBN:

The book focuses on the relationship between work and family in the context of debate about labour law and regulation. It considers not just the position of women workers (paid and unpaid) or the current preoccupation of states with developing more family-friendly workplaces but it looks at these issues within the broader context of changes taking place in the world of work as a consequence of globalization.

Annals of the Labouring Poor

Annals of the Labouring Poor
Author: K. D. M. Snell
Publisher: Cambridge University Press
Total Pages: 480
Release: 1987-04-02
Genre: History
ISBN: 9780521335584

Levels of employment, wage rates, welfare relief, sexual divisions of labor, apprenticeship patterns and seasonal economic fluctuations are included in this reassessment of the standard of living of rural labor during this period of England's industrialization.