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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.
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.
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.
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.
Leading historical research analysing the history of judges and judging, allowing comparisons between British, American, Commonwealth and Civil Law jurisdictions.
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.
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).
Included in the coverage of this volume are the interactions between European and Amerindian legal systems in the years of colonial settlement; the crucial role of Anglo-American theories of sovereignty and imperial governance in facilitating the separation of the American colonies from the British Empire in the late eighteenth century; the American "experiment" with federated republican constitutionalism in the founding period; the major importance of agricultural householding, in the form of slave plantations as well as farms featuring wage labor, in helping to shape the development of American law in the eighteenth and nineteenth centuries; the emergence of the Supreme Court of the United States as an authoritative force in American law and politics in the early nineteenth century; the interactions between law, westward expansion,
An incisive, multidisciplinary look at the American family over the past 200 years, written by respected scholars and researchers. Family in America offers two powerful antidotes to popular misconceptions about American family life: historical perspective and scientific objectivity. When we look back at our early history, we discover that the idealized 1950s family—characterized by a rising birthrate, a stable divorce rate, and a declining age of marriage—was a historical aberration, out of line with long-term historical trends. Working mothers, we learn, are not a 20th century invention; most families throughout American history have needed more than one breadwinner. In the exciting new scholarship described here, readers will learn precisely what is new in American family life and what is not, and acquire the perspective they need to appreciate both the genuine improvements and the losses that come with change.