Paul Mitchell

Stephen Banks

Rebecca Probert

Charles Mitchell

William Cornish

Law and Society in England 1750–1950 is an indispensable text for those wishing to study English legal history and to understand the foundations of the modern British state. In this new updated edition the authors explore the complex relationship between legal and social change. They consider the ways in which those in power themselves imagined and initiated reform and the ways in which they were obliged to respond to demands for change from outside the legal and political classes. What emerges is a lively and critical account of the evolution of modern rights and expectations, and an engaging study of the formation of contemporary social, administrative and legal institutions and ideas, and the road that was travelled to create them. The book is divided into eight chapters: Institutions and Ideas; Land; Commerce and Industry; Labour Relations; The Family; Poverty and Education; Accidents; and Crime. This extensively referenced analysis of modern social and legal history will be invaluable to students and teachers of English law, political science, and social history.

Law and Society in England 1750-1950

Analyses marriage law's development since 1836-its complexity, failures to respond to societal change, and constraints on different beliefs.

Tying the Knot

This book has three key aims: first, to show how the legal treatment of cohabiting couples has changed over the past four centuries, from punishment as fornicators in the seventeenth century to eventual acceptance as family in the late twentieth; second, to chart how the language used to refer to cohabitation has changed over time and how different terms influenced policy debates and public perceptions; and, third, to estimate the extent of cohabitation in earlier centuries. To achieve this it draws on hundreds of reported and unreported cases as well as legislation, policy papers and debates in Parliament; thousands of newspaper reports and magazine articles; and innovative cohort studies that provide new and more reliable evidence as to the incidence (or rather the rarity) of cohabitation in eighteenth- and nineteenth-century England. It concludes with a consideration of the relationship between legal regulation and social trends.

From Fornicators to Family, 1600–2010

The Changing Legal Regulation of Cohabitation

John Snape

Danielle Celermajer

Gary Watt

Richard K. Sherwin

Emanuele Conte

Ian Ward

Peter Goodrich

Laurent Mayali

Volume 1. A cultural history of law in antiquity / edited by Julen Etxabe, University of Helsinki, Finland -- Volume 2. A cultural history of law in the middle ages / edited by Emanuele Conte, Roma Tre University, Italy and EHESS, Paris, France and Laurent Mayali, University of California at Berkeley, USA -- Volume 3. A cultural history of law in the early modern age / edited by Peter Goodrich, Cardozo School of Law, New York, USA -- Volume 4. A cultural history of law in the age of enlightenment / edited by Rebecca Probert, University of Warwick, UK and John Snape, University of Warwick, UK -- Volume 5. A cultural history of law in the age of reform / edited by Ian Ward, Newcastle University, UK -- Volume 6. A cultural history of law in the modern age / edited by Richard K Sherwin, New York University Law School, USA and Danielle Celermajer, University of Sydney, Australia

A Cultural History of Law in the Age of Enlightenment

Bringing together experts from a wide variety of legal disciplines to comment on the way in which different areas of law affect the functioning family today, this volume provides a modern critical approach to bear on the broad range of subjects that used to constitute 'family law'.

Under One Roof

Family Life and the Law

Jonathan Garton

Gerry Bean

Combines authoritative commentary and unique contextual analysis to explain the general principles of trusts and their practical operation.

Text and Materials

Moffat's Trusts Law

The Marriage Act 1836 established the foundations of modern marriage law, allowing couples to marry in register offices and non-Anglican places of worship for the first time. Rebecca Probert draws on an exceptionally wide range of primary sources to provide the first detailed examination of marriage legislation, social practice, and their mutual interplay, from 1836 through to the unanticipated demands of the 2020 coronavirus pandemic. She analyses how and why the law has evolved, closely interrogating the parliamentary and societal debates behind legislation. She demonstrates how people have chosen to marry and how those choices have changed, and evaluates how far the law has been help or hindrance in enabling couples to marry in ways that reflect their beliefs, be they religious or secular. In an era of individual choice and multiculturalism, Tying the Knot sign posts possible ways in which future legislators might avoid the pitfalls of the past.

The Formation of Marriage 1836–2020

Jonathan Herring

Stephen Gilmore

This textbook is an ambitious and engaging introduction to the more advanced writings on family law, primarily designed to allow students to 'get under the skin' of the topic and begin to build their critical thinking and analysis skills. Each chapter is structured around key questions and debates that provoke deeper thought and, ultimately, a clearer understanding. The aim of the book is therefore not to present a complete overview of theoretical issues in family law, but rather to illustrate the current debates which are currently going on among those working in shaping the area. The text features summaries of the views of notable experts on key topics and each chapter ends with a list of guided further reading.

Great Debates in Family Law

There are a number of important (landmark) cases in the development of Family Law in England and Wales that deserve detailed examination and lend themselves particularly well to historical examination. Family law cases tend to raise highly controversial issues, often on striking facts, frequently provoking wider social debate and/or extensive publicity. Consequently, the landmark cases chosen for this collection provide considerable scope, not only for doctrinal analysis and explanation of the importance and impact of the decisions, but also for in-depth examination of the social or policy developments that influenced them. The stories behind the cases provide a fascinating insight into the complexities of family life and the drama that can be found in the family courts. In recent years, Family Law has seen enormous changes in law's engagement with the notion of 'family', with the enactment, for example, of the Civil Partnership Act 2004, the Gender Recognition Act 2004 and, more recently, the Human Fertilisation and Embryology Act 2008. As we begin to move forward into the new millennium, this is an excellent time to engage in detailed analyses and 'stock-taking' of the landmark decisions, many of which were decided in the 1970s, and which have shaped modern Family Law. This book provides a series of in-depth studies of the key leading cases, and will be of interest to students and lecturers alike.

Landmark Cases in Family Law

This book brings a modern critical approach to bear on the broad range of subjects that used to constitute 'family law.' A key consideration in this collection is the way in which law itself is premised upon, constructing a particular image of the family. By bringing different areas of law together, Probert et al suggest it is possible to explore how differing ideas about 'the family' inform different areas of law. This approach allows Family Life and the Law to analyze the extent to which the law is consistent and/or inconsistent in its concept and treatment of the family across and within disciplines. The book is particularly timely in view of the passage of the Civil Partnership Act 2004, the implications of which reverberate throughout family law and allied disciplines, and the current reconsideration of the position of cohabiting couples.

Stephen Michael Cretney

Judith M. Masson

Rebecca J. Bailey-Harris

This title covers the essentials of conflict of laws and international finance with a very practical slant, providing the reader with a comparative overview of the law and practice in the key jurisdictions of the world. The intention is to illustrate how the concepts and analyses raised throughout "The Law and Practice of International Finance" series may be applied in a real world setting

Principles of Family Law

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.

A Reassessment

Marriage Law and Practice in the Long Eighteenth Century

An engaging introduction to the more advanced writings on family law, designed to provide the additional insights necessary to excel in the study of the subject.

Graham Moffat

Detailed, thorough and authoritative new edition of Moffat's Trusts Law.

This latest edition of Moffat's Trusts Law has been fully revised and updated to cover recent statutory developments and explores the impact of a wealth of new cases including the Supreme Court decisions in Pitt v. Holt (2013), FHR European Ventures v. Cedar Capital Partners (2014) and Williams v. Central Bank of Nigeria (2014). It has been restructured to incorporate a new chapter on the internationalisation of the trust which provides an understanding of the new directions being taken in the areas of trust law and equitable remedies. Supplementary material includes an online chapter on occupational pension schemes. With suggestions for further reading guiding the student to contemporary debates, this leading textbook retains its hallmark combination of a contextualized approach and a commercial focus, and remains the serious student's textbook of choice.

Moffat's Trusts Law 6th Edition

How should we interpret our ancestors' decisions to marry in a particular form or place, or at a particular time? Did their choices make them exceptional or normal for their day? Might their marriages have been bigamous, clandestine, or void? Or might they have conscientiously followed the rules set down by Church and State? Since its publication in 2012, Marriage Law for Genealogists has become the indispensable guide for everyone tracing the marriages of their English and Welsh ancestors between 1600 and the twentieth century. Based upon years of painstaking primary research and studies of thousands of couples, it explains clearly and concisely why, how, when and where people in past centuries married. Family historians just starting out will find advice on where 'missing' marriages are most likely to be found, while those who are already well advanced in tracing their family tree will be able to interpret their discoveries to better understand their ancestors' motivations. Rebecca Probert is Professor of Law at Warwick University and the leading authority on the history of the marriage laws of England and Wales, a subject on which she has written extensively.

Rebecca Probert

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