Private Property And Abuse Of Rights In Victorian England
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Author | : Michael Taggart |
Publisher | : Oxford University Press, USA |
Total Pages | : 272 |
Release | : 2002 |
Genre | : History |
ISBN | : 9780199256877 |
The case of the Borough of Bradford v Pickles was the first to establish the principle that it is not unlawful for a property owner to exercise his or her property rights maliciously and to the detriment of others or the public interest. This book explores why the common law developed in this way.
Author | : Michael Taggart |
Publisher | : |
Total Pages | : 235 |
Release | : 2002 |
Genre | : Abuse of rights |
ISBN | : |
Author | : Adam J. MacLeod |
Publisher | : Cambridge University Press |
Total Pages | : 269 |
Release | : 2015-04-30 |
Genre | : Law |
ISBN | : 110709576X |
Presents a moral argument, grounded in natural law, for private property and the limits of rights.
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.
Author | : Mary Lyndon Shanley |
Publisher | : Princeton University Press |
Total Pages | : 230 |
Release | : 1993-03-28 |
Genre | : History |
ISBN | : 9780691024875 |
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.
Author | : Anne Lorene Chambers |
Publisher | : University of Toronto Press |
Total Pages | : 1388 |
Release | : 1997-01-01 |
Genre | : Law |
ISBN | : 9780802078391 |
A meticulously researched and revisionist study of the nineteenth-century Ontario's Married Women's Property Acts. They were important landmarks in the legal emancipation of women.
Author | : Markus D. Dubber |
Publisher | : Oxford University Press |
Total Pages | : 1254 |
Release | : 2018-07-26 |
Genre | : Law |
ISBN | : 0192513141 |
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.
Author | : James Taylor |
Publisher | : OUP Oxford |
Total Pages | : 312 |
Release | : 2013-04-25 |
Genre | : History |
ISBN | : 0191649198 |
Should businessmen who commit fraud go to prison? This question has been asked repeatedly since 2008. It was also raised in nineteenth-century Britain when the spread of corporate capitalism created enormous new opportunities for dishonesty. Historians have presented Victorian Britain as a haven for white-collar criminals, beneficiaries of a prejudiced criminal justice system which only dealt harshly with offences by the poor. Boardroom Scandal challenges these beliefs. Based on an unparalleled sample of legal cases - many examined here for the first time - James Taylor presents a radical new interpretation of the relationship between capitalism and the law. Initially, there were no criminal sanctions against publishing false prospectuses, concealing losses in balance sheets, and even misappropriating company money. But parliament became convinced of the need to criminalize these practices to protect the culture of stock market investment on which mid-Victorian prosperity increasingly rested. Persuading judges to play along was harder, with many invoking the principle of caveat emptor to exonerate defendants. But by the end of the century, successful prosecutions of company executives were commonplace. These trials performed multiple functions: they stabilized confidence in times of crisis; they dramatized the class blindness of the law; and they were increasingly seen as essential as faith in a self-regulating economy ebbed. The criminalization of fraud, therefore, has far-reaching implications for our understanding of nineteenth-century Britain. It also has relevance today in light of the on-going economic crisis and the issues it raises regarding business ethics and the role of the state.
Author | : Marko Novakovic |
Publisher | : Vernon Press |
Total Pages | : 502 |
Release | : 2019-05-09 |
Genre | : Law |
ISBN | : 1622738071 |
Authors from 13 countries come together in this edited volume, Common Law and Civil Law Today: Convergence and Divergence, to present different aspects of the relationship and intersections between common and civil law. Approaching the relationship between common and civil law from different perspectives and from different fields of law, this book offers an intriguing insight into the similarities, differences and connections between these two major legal traditions. This volume is divided into 3 parts and consists of 22 articles. The first part discusses the common law/civil law dichotomy in the international legal systems and theory. The second focuses on case-law and arbitration, while the third part analyses elements of common and civil law in various legal systems. By offering such a variety of approaches and voices, this book allows the reader to gain an invaluable insight into the historical, comparative and theoretical contexts of this legal dichotomy. From its carefully selected authors to its comprehensive collection of articles, this edited volume is an essential resource for students, researchers and practitioners working or studying within both legal systems.
Author | : S. M. Waddams |
Publisher | : Cambridge University Press |
Total Pages | : 276 |
Release | : 2003-07-10 |
Genre | : Law |
ISBN | : 9780521016698 |
This book considers the inherent complexities of private law; relevant to property, tort, contract, legal method and legal theory.