Legal Practice in Eighteenth-Century Scotland

Legal Practice in Eighteenth-Century Scotland
Author: John Finlay
Publisher: BRILL
Total Pages: 461
Release: 2015-07-14
Genre: Law
ISBN: 9004294945

This book is the first monograph to analyse the workings of Scotland’s legal profession in its early modern European context. It is a comprehensive survey of lawyers working in the local and central courts; investigating how they interacted with their clients and with each other, the legal principles governing ethical practice, and how they fulfilled a social role through providing free services to the poor and also services to town councils and other corporations. Based heavily on a wide range of archival sources, and reflecting the contemporary importance of local societies of lawyers, John Finlay offers a groundbreaking yet accessible study of the eighteenth-century legal profession which adds a new dimension to our knowledge of Enlightenment Scotland.

The Orphan in Eighteenth-Century Law and Literature

The Orphan in Eighteenth-Century Law and Literature
Author: Cheryl L. Nixon
Publisher: Routledge
Total Pages: 303
Release: 2016-02-17
Genre: Literary Criticism
ISBN: 1317021940

Cheryl Nixon's book is the first to connect the eighteenth-century fictional orphan and factual orphan, emphasizing the legal concepts of estate, blood, and body. Examining novels by authors such as Eliza Haywood, Tobias Smollett, and Elizabeth Inchbald, and referencing never-before analyzed case records, Nixon reconstructs the narratives of real orphans in the British parliamentary, equity, and common law courts and compares them to the narratives of fictional orphans. The orphan's uncertain economic, familial, and bodily status creates opportunities to "plot" his or her future according to new ideologies of the social individual. Nixon demonstrates that the orphan encourages both fact and fiction to re-imagine structures of estate (property and inheritance), blood (familial origins and marriage), and body (gender and class mobility). Whereas studies of the orphan typically emphasize the poor urban foundling, Nixon focuses on the orphaned heir or heiress and his or her need to be situated in a domestic space. Arguing that the eighteenth century constructs the "valued" orphan, Nixon shows how the wealthy orphan became associated with new understandings of the individual. New archival research encompassing print and manuscript records from Parliament, Chancery, Exchequer, and King's Bench demonstrate the law's interest in the propertied orphan. The novel uses this figure to question the formulaic structures of narrative sub-genres such as the picaresque and romance and ultimately encourage the hybridization of such plots. As Nixon traces the orphan's contribution to the developing novel and developing ideology of the individual, she shows how the orphan creates factual and fictional understandings of class, family, and gender.

Criminality and Narrative in Eighteenth-Century England

Criminality and Narrative in Eighteenth-Century England
Author: Hal Gladfelder
Publisher: JHU Press
Total Pages: 308
Release: 2003-04-01
Genre: Literary Criticism
ISBN: 080187565X

Stories of transgression–Gilgamesh, Prometheus, Oedipus, Eve—may be integral to every culture's narrative imaginings of its own origins, but such stories assumed different meanings with the burgeoning interest in modern histories of crime and punishment in the later decades of the seventeenth century. In Criminality and Narrative in Eighteenth-Century England, Hal Gladfelder shows how the trial report, providence book, criminal biography, and gallows speech came into new commercial prominence and brought into focus what was most disturbing, and most exciting, about contemporary experience. These narratives of violence, theft, disruptive sexuality, and rebellion compelled their readers to sort through fragmentary or contested evidence, anticipating the openness to discordant meanings and discrepant points of view which characterizes the later fictions of Defoe and Fielding. Beginning with the various genres of crime narrative, Gladfelder maps a complex network of discourses that collectively embodied the range of responses to the transgressive at the turn of the eighteenth century. In the book's second and third parts, he demonstrates how the discourses of criminality became enmeshed with emerging novelistic conceptions of character and narrative form. With special attention to Colonel Jack, Moll Flanders, and Roxana, Gladfelder argues that Defoe's narratives concentrate on the forces that shape identity, especially under conditions of outlawry, social dislocation, and urban poverty. He next considers Fielding's double career as author and magistrate, analyzing the interaction between his fiction and such texts as the aggressively polemical Enquiry into the Causes of the Late Increase in Robbers and his eyewitness accounts of the sensational Canning and Penlez cases. Finally, Gladfelder turns to Godwin's Caleb Williams, Wollstonecraft's Maria, and Inchbald's Nature and Art to reveal the degree to which criminal narrative, by the end of the eighteenth century, had become a necessary vehicle for articulating fundamental cultural anxieties and longings. Crime narratives, he argues, vividly embody the struggles of individuals to define their place in the suddenly unfamiliar world of modernity.

A Handbook of English Law Reports From the Last Quarter of the Eighteenth Century to the Year 1865, With Biographical Notes of Judges and Reporters [microform]

A Handbook of English Law Reports From the Last Quarter of the Eighteenth Century to the Year 1865, With Biographical Notes of Judges and Reporters [microform]
Author: Sir John C (John Charles) Fox
Publisher: Legare Street Press
Total Pages: 128
Release: 2021-09-10
Genre:
ISBN: 9781015288300

This work has been selected by scholars as being culturally important and is part of the knowledge base of civilization as we know it. This work is in the public domain in the United States of America, and possibly other nations. Within the United States, you may freely copy and distribute this work, as no entity (individual or corporate) has a copyright on the body of the work. Scholars believe, and we concur, that this work is important enough to be preserved, reproduced, and made generally available to the public. To ensure a quality reading experience, this work has been proofread and republished using a format that seamlessly blends the original graphical elements with text in an easy-to-read typeface. We appreciate your support of the preservation process, and thank you for being an important part of keeping this knowledge alive and relevant.

Marriage Law and Practice in the Long Eighteenth Century

Marriage Law and Practice in the Long Eighteenth Century
Author: Rebecca Probert
Publisher: Cambridge University Press
Total Pages:
Release: 2009-07-02
Genre: History
ISBN: 1139479768

This book uses a wide range of primary sources - legal, literary and demographic - to provide a radical reassessment of eighteenth-century marriage. It disproves the widespread assumption that couples married simply by exchanging consent, demonstrating that such exchanges were regarded merely as contracts to marry and that marriage in church was almost universal outside London. It shows how the Clandestine Marriages Act of 1753 was primarily intended to prevent clergymen operating out of London's Fleet prison from conducting marriages, and that it was successful in so doing. It also refutes the idea that the 1753 Act was harsh or strictly interpreted, illustrating the courts' pragmatic approach. Finally, it establishes that only a few non-Anglicans married according to their own rites before the Act; while afterwards most - save the exempted Quakers and Jews - similarly married in church. In short, eighteenth-century couples complied with whatever the law required for a valid marriage.

The British and Their Laws in the Eighteenth Century

The British and Their Laws in the Eighteenth Century
Author: David Lemmings
Publisher: Boydell Press
Total Pages: 278
Release: 2005
Genre: History
ISBN: 9781843831587

New analysis and interpretation of law and legal institutions in the "long eighteenth century". Law and legal institutions were of huge importance in the governance of Georgian society: legislation expanded the province of administrative authority out of all proportion, while the reach of the common law and its communal traditions of governance diminished, at least outside British North America. But what did the rule of law mean to eighteenth-century people, and how did it connect with changing experiences of law in all their bewildering complexity?This question has received much recent critical attention, but despite widespread agreement about Law's significance as a key to unlock so much which was central to contemporary life, as a whole previous scholarship has only offered a fragmented picture of the Laws in their social meanings and actions. Through a broader-brush approach, The British and their Laws in the Eighteenth Century contributes fresh analyses of law in England andBritish settler colonies, c. 1680-1830; its expert contributors consider among other matters the issues of participation, central-local relations, and the maintenance of common law traditions in the context of increasing legislative interventions and grants of statutory administrative powers. Contributors: SIMON DEVEREAUX, MICHAEL LOBBAN, DOUGLAS HAY, JOANNA INNES, WILFRED PREST, C.W. BROOKS, RANDALL MCGOWEN, DAVID THOMAS KONIG, BRUCE KERCHER