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Susan Paterson Glover here presents, in modern type, a critical edition of the first printed work by an English woman writer, Sarah Chapone, on the inequity of the common law regime for married women. Glover's extended, original introduction provides an account of Chapone's life; a discussion of the influence of Mary Astell's work on Chapone's thought and work; and a review of the legal status of women in England's eighteenth century, with particular attention to marriage and the doctrine of coverture and the relations of women, law, and property. It concludes by acknowledging the importance of this text to any consideration of the evolution of a discourse of "rights" for women in the Anglo–American legal tradition, and its contribution to a movement for property rights and women's equality whose genesis is generally located in the legislative changes of the nineteenth century. The edition contains valuable appendices including, among other writings, excerpts from Chapone's correspondence with Samuel Richardson; excerpts of responses to Chapone's work from the Weekly Miscellany; and excerpts from contemporary legal literature. Also included is an annotated text of Chapone's pamphlet on the Muilman controversy, Remarks on Mrs. Muilman's Letter to the Right Honourable The Earl of Chesterfield (London, 1750).
Robert Palmer's pathbreaking study shows how the Black Death triggered massive changes in both governance and law in fourteenth-century England, establishing the mechanisms by which the law adapted to social needs for centuries thereafter. The Black De
Essay on the legal status of women in British law and her own personal experience with leaving her husband in 1836 and the legal aftermath. Pages 18-21 discuss legal cases involving enslaved persons in British colonies and the United States.
John M. Collins presents the first comprehensive history of martial law in the early modern period. He argues that rather than being a state of exception from law, martial law was understood and practiced as one of the King's laws. Further, it was a vital component of both England's domestic and imperial legal order. It was used to quell rebellions during the Reformation, to subdue Ireland, to regulate English plantations like Jamestown, to punish spies and traitors in the English Civil War, and to build forts on Jamaica. Through outlining the history of martial law, Collins reinterprets English legal culture as dynamic, politicized, and creative, where jurists were inspired by past practices to generate new law rather than being restrained by it. This work asks that legal history once again be re-integrated into the cultural and political histories of early modern England and its empire.
Annotated edition of 7th century Kentish laws, with facing page translation and commentary.
British Islam and English Law presents a novel argument about the nature and place of groups in society. The encounter with Islam has led English law to tread a line between two theoretical models, liberal individualism and multiculturalism, competing for dominance over the law of organised religion. This philosophical rivalry has generated a set of seemingly intractable conflicts between individual and community, religion and state, nation and culture. This book resurrects the long-buried theory of classical pluralism to address and resolve these tensions. Applying this to five understudied institutions that give structure and form to British Islam – banks, charities, schools, elections, clans – it outlines and justifies the reforms that would optimise the relationship between law and religion. Unflinching and unorthodox, this book places law and theory in context, employs innovative methods such as nudge theory and applied history, and provides detailed answers to hard questions about British Islam.
Introduction to the English Legal System is the ideal foundation for those coming new to the study of law. Writing in a highly engaging and accessible style, Martin Partington introduces the purposes and functions of English law, the law-making process, and the machinery of justice, while also challenging assumptions and exploring current debates. Consolidating over 40 years' experience in the law, Martin Partington examines beliefs about the English legal system, and encourages students to question how far it meets the growing demands placed on it. Incorporating all the latest developments, this concise introduction brings law and the legal system to life. Digital formats and resources: This edition is available for students and institutions to purchase in a variety of formats, and is supported by online resources. - The e-book offers a mobile experience and convenient access along with functionality tools, navigation features, and links that offer extra learning support: www.oxfordtextbooks.co.uk/ebooks - The online resources include questions for reflection and discussion; self-test questions; a glossary; further reading materials; web links; and a link to Martin Partington's blog, which covers key developments in the English justice system.
The importance of the fourteenth century for the development of English law has long been recognised. The shocks and challenges of that period - the murder of the incompetent Edward II, Edward III's ever escalating military demands for the war in France and the unparalleled disaster of the Black Death - gave English society a trauma that found its ultimate expression in Lollardy and the Peasants' Revolt. Out of this ferment came the evolution of a system of justice still substantially recognisable today. This key theme for students of late medieval England has often been made needlessly difficult by the rarefied nature of most books available on the subject. The aim of this book is to present in lucid and approachable terms the main outline of the debate and the different schools of thought, and to suggest the best ways by which students can understand a crucial subject and how this helps illuminate many other aspects of English society during the reigns of Edward II, Edward III and Richard II.