Author : R. B. Outhwaite
Publisher : Cambridge University Press
Page : 173 pages
File Size : 31,23 MB
Release : 2006
Category : History
ISBN : 0521869382
Tracing the history of growth and then the slow disappearance of English law and social regulation.
Author : Anthony Milton
Publisher : Oxford University Press
Page : 458 pages
File Size : 46,27 MB
Release : 2017-01-26
Category : Religion
ISBN : 0191084611
The Oxford History of Anglicanism is a major new and unprecedented international study of the identity and historical influence of one of the world's largest versions of Christianity. This global study of Anglicanism from the sixteenth century looks at how was Anglican identity constructed and contested at various periods since the sixteenth century; and what was its historical influence during the past six centuries. It explores not just the ecclesiastical and theological aspects of global Anglicanism, but also the political, social, economic, and cultural influences of this form of Christianity that has been historically significant in western culture, and a burgeoning force in non-western societies today. The chapters are written by international experts in their various historical fields which includes the most recent research in their areas, as well as original research. The series forms an invaluable reference for both scholars and interested non-specialists. Volume one of The Oxford History of Anglicanism examines a period when the nature of 'Anglicanism' was still heavily contested. Rather than merely tracing the emergence of trends that we associate with later Anglicanism, the contributors instead discuss the fluid and contested nature of the Church of England's religious identity in these years, and the different claims to what should count as 'Anglican' orthodoxy. After the introduction and narrative chapters explain the historical background, individual chapters then analyse different understandings of the early church and church history; variant readings of the meaning of the royal supremacy, the role of bishops and canon law, and cathedrals; the very diverse experiences of religion in parishes, styles of worship and piety, church decoration, and Bible usage; and the competing claims to 'Anglican' orthodoxy of puritanism, 'avant-garde conformity' and Laudianism. Also analysed are arguments over the Church of England's confessional identity and its links with the foreign Reformed Churches, and the alternative models provided by English Protestant activities in Ireland, Scotland and North America. The reforms of the 1640s and 1650s are included in their own right, and the volume concludes that the shape of the Restoration that emerged was far from inevitable, or expressive of a settled 'Anglican' identity.
Author : Lorna Hutson
Publisher : Oxford University Press
Page : 911 pages
File Size : 15,31 MB
Release : 2017-06-29
Category : Literary Criticism
ISBN : 0191081981
This Handbook triangulates the disciplines of history, legal history, and literature to produce a new, interdisciplinary framework for the study of early modern England. Scholars of early modern English literature and history have increasingly found that an understanding of how people in the past thought about and used the law is key to understanding early modern familial and social relations as well as important aspects of the political revolution and the emergence of capitalism. Judicial or forensic rhetoric has been shown to foster new habits of literary composition (poetry and drama) and new processes of fact-finding and evidence evaluation. In addition, the post-Reformation jurisdictional dominance of the common law produced new ways of drawing the boundaries between private conscience and public accountability. Accordingly, historians, critics, and legal historians come together in this Handbook to develop accounts of the past that are attentive to the legally purposeful or fictional shaping of events in the historical archive. They also contribute to a transformation of our understanding of the place of forensic modes of inquiry in the creation of imaginative fiction and drama. Chapters in the Handbook approach, from a diversity of perspectives, topics including forensic rhetoric, humanist and legal education, Inns of Court revels, drama, poetry, emblem books, marriage and divorce, witchcraft, contract, property, imagination, oaths, evidence, community, local government, legal reform, libel, censorship, authorship, torture, slavery, liberty, due process, the nation state, colonialism, and empire.
Author : Henry Kha
Publisher : Routledge
Page : 316 pages
File Size : 43,59 MB
Release : 2020-11-30
Category : History
ISBN : 100028672X
The book explores the rise of civil divorce in Victorian England, the subsequent operation of a fault system of divorce based solely on the ground of adultery, and the eventual piecemeal repeal of the Victorian-era divorce law during the Interwar years. The legal history of the Matrimonial Causes Act 1857 is at the heart of the book. The Act had a transformative impact on English law and society by introducing a secular judicial system of civil divorce. This swept aside the old system of divorce that was only obtainable from the House of Lords and inadvertently led to the creation of the modern family justice system. The book argues that only through understanding the legal doctrine in its wider cultural, political, religious, and social context is it possible to fully analyse and assess the changes brought about by the Act. The major developments included the end of any pretence of the indissolubility of marriage, the statutory enshrinement of a double standard based on gender in the grounds for divorce, and the growth of divorce across all spectrums of English society. The Act was a product of political and legal compromise between conservative forces resisting the legal introduction of civil divorce and the reformers, who demanded married women receive equal access to the grounds of divorce. Changing attitudes towards divorce that began in the Edwardian period led to a gradual rejection of Victorian moral values and the repeal of the Act after 80 years of existence in the Interwar years. The book will be a valuable resource for academics and researchers with an interest in legal history, family law, and Victorian studies.
Author : Neil Patterson
Publisher : Routledge
Page : 320 pages
File Size : 41,42 MB
Release : 2018-09-13
Category : History
ISBN : 135113860X
Discipline in an ecclesiastical context can be defined as the power of a church to maintain order among its members on issues of morals or doctrine. This book presents a scholarly engagement with the way in which legal discipline has evolved within the Church of England since 1688. It explores how the Church of England, unusually among Christian churches, has come to be without means of effective legal discipline in matters of controversy, whether liturgical, doctrinal, or moral. The author excludes matters of blatant scandal to focus on issues where discipline has been attempted in controversial matters, focussing on particular cases. The book makes connections between law, the state of the Church, and the underlying theology of justice and freedom. At a time when doctrinal controversy is widespread across all Christian traditions, it is argued that the Church of England has an inheritance here in need of cherishing and sharing with the universal Church. The book will be a valuable resource for academics and researchers in the areas of law and religion, and ecclesiastical history. .
Author : Andrew Thomson
Publisher : UCL Press
Page : 269 pages
File Size : 38,11 MB
Release : 2022-09-15
Category : Law
ISBN : 1800083130
Religion meant far more in early modern England than church on Sundays, a baptism, a funeral or a wedding ceremony. The Church was fully enmeshed in the everyday lives of the people; in particular, their morals and religious observance. The Church imposed comprehensive regulations on its flock, such as sex before marriage, adultery and receiving the sacrament, and it employed an army of informers and bureaucrats, headed by a diocesan chancellor, to enable its courts to enforce the rules. Church courts lay, thus, at the very intersection of Church and people. The courts of the seventeenth century – when ‘a cyclonic shattering’ produced a ‘great overturning of everything in England’ – have, surprisingly, had to wait until now for scrutiny. Church Courts and the People in Seventeenth-Century England offers a detailed survey of three dioceses across the whole of the century, examining key aspects such as attendance at court, completion of business and, crucially, the scale of guilt to test the performance of the courts. While the study will capture the interest of lawyers to clergymen, or from local historians to sociologists, its primary appeal will be to researchers in the field of Church history. For students and researchers of the seventeenth century, it provides a full account of court operations, measuring the extent of control, challenging orthodoxies about excommunication, penance and juries, contextualising ecclesiastical justice within major societal issues of the times and, ultimately, presents powerful evidence for a ‘church in danger’ by the end of the century.
Author : R. H. Helmholz
Publisher : Cambridge University Press
Page : 251 pages
File Size : 47,43 MB
Release : 2019-05-09
Category : Law
ISBN : 1108585728
Historians of the English legal profession have written comparatively little about the lawyers who served in the courts of the Church. This volume fills a gap; it investigates the law by which they were governed and discusses their careers in legal practice. Using sources drawn from the Roman and canon laws and also from manuscripts found in local archives, R. H. Helmholz brings together previously published work and new evidence about the professional careers of these men. His book covers the careers of many lesser known ecclesiastical lawyers, dealing with their education in law, their reaction to the coming of the Reformation, and their relationship with English common lawyers on the eve of the Civil War. Making connections with the European ius commune, this volume will be of special interest to English and Continental legal historians, as well as to students of the relationship between law and religion.
Author : Gillian Douglas
Publisher : Bloomsbury Publishing
Page : 270 pages
File Size : 42,53 MB
Release : 2018-04-19
Category : Law
ISBN : 1782258531
A tension lies at the heart of family law. Expressed in the language of rights and duties, it seeks to impose enforceable obligations on individuals linked to each other by ties that are usually regarded as based on love or blood. Taking a contextual approach that draws on history, sociology and social policy as well as law and legal theory, this book examines the concept of obligation as it has been developed in family law and the difficulties the law has had in translating it from a theoretical and ideological concept into the basis of enforceable actions and duties. Increasingly, the idea of commitment has been offered as the key organising principle for the recognition of family relationships, often as a means of rebutting claims that family ties are becoming attenuated, but the meaning and scope of this concept have not been explored. The book traces how the notion of commitment is understood and how far it has come to be used as a rationale for imposing the core legal obligations which underpin care and caring within families.
Author : Rebecca Probert
Publisher : Cambridge University Press
Page : pages
File Size : 47,69 MB
Release : 2009-07-02
Category : 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.
Author : John Baker
Publisher : Oxford University Press
Page : 835 pages
File Size : 22,4 MB
Release : 2019-03-26
Category : Law
ISBN : 0192540742
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.
