Sexual Slander in Nineteenth-century England

Sexual Slander in Nineteenth-century England
Author: S. M. Waddams
Publisher: University of Toronto Press
Total Pages: 362
Release: 2000-01-01
Genre: Law
ISBN: 9780802047502

Until 1855, slanderous language was punishable in Britain's ecclesiastical courts. Waddams shows how the law worked not only in theory but in practice. The evidence of the witnesses supplies fascinating details of day-to-day events.

A Companion to Nineteenth-Century Britain

A Companion to Nineteenth-Century Britain
Author: Chris Williams
Publisher: John Wiley & Sons
Total Pages: 624
Release: 2008-04-15
Genre: History
ISBN: 1405143096

A Companion to Nineteenth-Century Britain presents 33 essaysby expert scholars on all the major aspects of the political,social, economic and cultural history of Britain during the lateGeorgian and Victorian eras. Truly British, rather than English, in scope. Pays attention to the experiences of women as well as ofmen. Illustrated with maps and charts. Includes guides to further reading.

Respectability and the London Poor, 1780–1870

Respectability and the London Poor, 1780–1870
Author: Lynn MacKay
Publisher: Routledge
Total Pages: 240
Release: 2015-10-06
Genre: Business & Economics
ISBN: 131732143X

The population of London soared during the Industrial Revolution and the poorer areas became iconic places of overcrowding and vice. Focusing on the communities of Westminster, MacKay shows that many of the plebeian populace retained traditional working-class pursuits, such as gambling, drinking and blood sports.

Reputation and Defamation

Reputation and Defamation
Author: Lawrence McNamara
Publisher: OUP Oxford
Total Pages: 288
Release: 2007-12-13
Genre: Law
ISBN: 0191566543

The proposition that the tort of defamation protects reputation has long been axiomatic in the law. The axiom's endurance is surprising: it has long been observed that the law is riddled with inconsistencies and, moreover, the courts and the scholarly literature have rarely discussed exactly what reputation is and how judgments about reputation are made. Reputation and Defamation develops a theory of reputation and uses it to analyse, evaluate and propose a revision of the law. It is the first book to present a comprehensive study of what reputation is, how it functions, and how it is and should be protected under the law. Reputation, it argues, is best understood in terms of the moral judgments a community makes about its members. Viewed in this way it becomes apparent, contrary to the legal orthodoxy, that defamation law did not really aim and function to protect reputation until the early nineteenth century. Unfortunately, the modern common law has not paid sufficient attention to either the nature of reputation or the historical relationship between reputation and defamation. Consequently, the tests for what is defamatory do not always protect reputation adequately or appropriately. The 'shun and avoid' and 'ridicule' tests have developed so that a publication may be actionable even where it does not tend to prompt a negative moral judgment of the plaintiff. These tests should be discarded. The principal 'lowering the estimation' test, however, is for the most part appropriately geared to the protection of reputation. Importantly, the scope of legal protection has been limited. Words will only be actionable if they tend to make 'right-thinking' people think the less of the plaintiff. The values of Christian tradition and Victorian moralism which became embedded in the concept of 'the right-thinking person' are problematic in the current era of moral diversity. A revised legal framework is proposed. It retains the principal test but re-thinks how and why different criteria for moral judgment should - or should not - be recognised when courts determine whether an attack on reputation will be actionable as defamation. It is argued that 'the right-thinking person' should be associated with an inclusive liberal premise of equal moral worth and a shared commitment to moral diversity. The proposed framework demands that when courts recognise values at odds with that premise then such recognition must be justified on sound and expressly stated ethical grounds. That demand serves to protect reputation appropriately and effectively in an age of moral diversity.

Introduction to English Legal History

Introduction to English Legal History
Author: John Baker
Publisher: Oxford University Press
Total Pages: 704
Release: 2019-03-21
Genre: Law
ISBN: 0192540734

Fully revised and updated, this classic text provides the authoritative introduction to the history of the English common law. The book traces the development of the principal features of English legal institutions and doctrines from Anglo-Saxon times to the present and, combined with Baker and Milsom's Sources of Legal History, offers invaluable insights into the development of the common law of persons, obligations, and property, and also of criminal and public law. It is an essential reference point for all lawyers, historians and students seeking to understand the evolution of English law over a millennium. The book provides an introduction to the main characteristics, institutions, and doctrines of English law over the longer term - particularly the evolution of the common law before the extensive statutory changes and regulatory regimes of the last two centuries. It explores how legal change was brought about in the common law and how judges and lawyers managed to square evolution with respect for inherited wisdom.

America Bewitched: The Story of Witchcraft After Salem

America Bewitched: The Story of Witchcraft After Salem
Author: Owen Davies
Publisher: OUP Oxford
Total Pages: 316
Release: 2013-02-21
Genre: History
ISBN: 0191625140

America Bewitched is the first major history of witchcraft in America - from the Salem witch trials of 1692 to the present day. The infamous Salem trials are etched into the consciousness of modern America, the human toll a reminder of the dangers of intolerance and persecution. The refrain Remember Salem! was invoked frequently over the ensuing centuries. As time passed, the trials became a milepost measuring the distance America had progressed from its colonial past, its victims now the righteous and their persecutors the shamed. Yet the story of witchcraft did not end as the American Enlightenment dawned - a new,long, and chilling chapter was about to begin.Witchcraft after Salem was not just a story of fire-side tales, legends, and superstitions: it continued to be a matter of life and death, souring the American dream for many. We know of more people killed as witches between 1692 and the 1950s than were executed before it. Witches were part of the story of the decimation of the Native Americans, the experience of slavery and emancipation, and the immigrant experience; they were embedded in the religious and social history of the country. Yetthe history of American witchcraft between the eighteenth and the twentieth century also tells a less traumatic story, one that shows how different cultures interacted and shaped each others languages and beliefs. This is therefore much more than the tale of one persecuted community: it opens a fascinating window on the fears, prejudices, hopes, and dreams of the American people as their country rose from colony to superpower.

The Ends of Life

The Ends of Life
Author: Keith Thomas
Publisher: OUP Oxford
Total Pages: 416
Release: 2010-02-25
Genre: History
ISBN: 0191623466

How should we live? That question was no less urgent for English men and women who lived between the early sixteenth and late eighteenth centuries than for this book's readers. Keith Thomas's masterly exploration of the ways in which people sought to lead fulfilling lives in those centuries between the beginning of the Reformation and the heyday of the Enlightenment illuminates the central values of the period, while casting incidental light on some of the perennial problems of human existence. Consideration of the origins of the modern ideal of human fulfilment and of obstacles to its realization in the early modern period frames an investigation that ranges from work, wealth, and possessions to the pleasures of friendship, family, and sociability. The cult of military prowess, the pursuit of honour and reputation, the nature of religious belief and scepticism, and the desire to be posthumously remembered are all drawn into the discussion, and the views and practices of ordinary people are measured against the opinions of the leading philosophers and theologians of the time. The Ends of Life offers a fresh approach to the history of early modern England, by one of the foremost historians of our time. It also provides modern readers with much food for thought on the problem of how we should live and what goals in life we should pursue.

Law and Government in England during the Long Eighteenth Century

Law and Government in England during the Long Eighteenth Century
Author: D. Lemmings
Publisher: Springer
Total Pages: 280
Release: 2011-10-28
Genre: Political Science
ISBN: 0230354408

Over the long eighteenth century English governance was transformed by large adjustments to the legal instruments and processes of power. This book documents and analyzes these shifts and focuses upon the changing relations between legal authority and the English people.