Persons

2019 ◽  
pp. 517-539
Author(s):  
John Baker
Keyword(s):  
Canon Law ◽  
Common Law ◽  
Married Women ◽  
Divorce Law ◽  
The Status ◽  
History Of ◽  
Slow Progress ◽  
The Common ◽  
The Right ◽  
The Church

This chapter is devoted to the history of the law of marriage. The formation of marriage was for many centuries a matter for the Church and its law. In medieval times marriage was held to be a sacrament and indissoluble. Divorce a vinculo matrimonii meant a decree of nullity, not dissolution. Divorce a mensa et thoro, or judicial separation, was available on grounds of misconduct, but the parties were not free to remarry. Bastardy, the status of children born outside marriage, was also for the canon law. The second part of the chapter goes into the common law of coverture, the status of married women, and the slow progress towards giving wives the right to own property and make contracts. It ends with the piecemeal reforms of divorce law, following the establishment of a secular divorce court in 1857.

THE ENGLISH INQUISITION: CONSTITUTIONAL CONFLICT AND ECCLESIASTICAL LAW IN THE 1590s

2004 ◽  
Vol 47 (3) ◽  
pp. 541-565 ◽  
Author(s):  
ETHAN H. SHAGAN
Keyword(s):  
Political Thought ◽  
Raw Materials ◽  
Common Law ◽  
Church Courts ◽  
Ecclesiastical Law ◽  
The Status ◽  
The Common ◽  
The Right ◽  
The Relationship ◽  
The Church

This article examines the relationship between religious debate and constitutional conflict in the 1590s, focusing on the status of ecclesiastical law and the right of the church courts to impose ex officio oaths upon English subjects. It argues that Richard Cosin, a client of Archbishop Whitgift and the leading apologist for the government's use of ex officio oaths, used the issue to make a series of aggressive and controversial assertions of state power. These theoretical claims did not involve sovereignty or the powers of the monarch – the issues usually addressed by historians of political thought – but rather the much more theologically charged question of the line between public authority and private conscience. As such, Cosin and his supporters transformed the raw materials of conformity and anti-puritanism into a view of the state and its coercive powers that seemed to threaten both the common law and the Elizabethan regime's own claims that it did not make ‘windows into men's souls’.

Anglo-Norman Canonists of the Twelfth Century: An Introductory Study

Traditio ◽  
1951 ◽  
Vol 7 ◽  
pp. 279-358 ◽  
Author(s):  
Stephan Kuttner ◽  
Eleanor Rathbone
Keyword(s):  
Early Development ◽  
Twelfth Century ◽  
Canon Law ◽  
Common Law ◽  
Country Of Origin ◽  
Constitutional History ◽  
Anglo Norman ◽  
History Of ◽  
Established Fact ◽  
The Common

Among the various aspects of the operation of canon law in medieval England, the history of the Anglo-Norman school of canonists which flourished in the late twelfth and the early thirteenth centuries remains largely unexplored. Modern historians have frequently emphasized, to be sure, the eager interest which English churchmen of the twelfth century took in problems and issues of canon law; and it can now be considered an established fact that the English Church throughout this period was well abreast of the developments which everywhere resulted from the growing centralization of ecclesiastical procedure, from the work of Gratian and his school, and from the ever-increasing number of authoritative responses and appellate decisions rendered by the popes in their decretal letters. The importance of the system of delegate jurisdiction in the cases referred back by Rome to the country of origin has been noted, and so has the conspicuous number of twelfth-century English collections of decretals, which testifies to a particular zeal and tradition, among Anglo-Norman canonists, in supplementing Gratian's work by records of the new papal law. The problem, also, of the influence exercised by Roman and canon law on the early development of the Common Law is being discussed with growing interest among students of English legal and constitutional history.

Priests of the Law

2019 ◽  
Author(s):  
Thomas J. McSweeney
Keyword(s):  
Common Law ◽  
Roman Law ◽  
Full Time ◽  
Legal Professionals ◽  
The Status ◽  
Royal Courts ◽  
History Of ◽  
The Common ◽  
The Law ◽  
New Interpretation

Priests of the Law tells the story of the first people in the history of the common law to think of themselves as legal professionals: the group of justices who wrote the celebrated treatise known as Bracton. It offers a new interpretation of Bracton and its authors. Bracton was not so much an attempt to explain or reform the early common law as it was an attempt to establish the status and authority of the king’s justices. The justices who wrote it were some of the first people to work full-time in England’s royal courts, at a time when they had no obvious model for the legal professional. They found one in an unexpected place: the Roman-law tradition that was sweeping across Europe in the thirteenth century. They modeled themselves on the jurists of Roman law who were teaching in Italy and France. In Bracton and other texts they produced, the justices of the royal courts worked hard to establish that the nascent common-law tradition was just one constituent part of the Roman-law tradition. Through their writing, this small group of people, working in the courts of an island realm, imagined themselves to be part of a broader European legal culture. They made the case that they were not merely servants of the king. They were priests of the law.

KANONICZNA OCHRONA KARNA RELIGII, JEDNOŚCI, AUTORYTETÓW KOŚCIELNYCH I WOLNOŚCI KOŚCIOŁA KATOLICKIEGO

2015 ◽  
Vol 7 (3) ◽  
pp. 65-73
Author(s):  
Florian Lempa
Keyword(s):  
Canon Law ◽  
Common Law ◽  
The Common ◽  
Social Harmfulness ◽  
Penal Sanctions ◽  
Catholic Churches ◽  
The Church

The article presents the most important values criminally protected in the Catholic Churchby CIC/1983 and CCEO/1990. They are: the religion, the unity, the church authorities and thefreedom of the Church. About their prime position in the hierarchy of goods legally protected bythe provisions of penal canon law testifies that the crimes against them are put in the first and inthe second title of CIC/1983, also the threat of severe penal sanctions. These sanctions result fromthe exceptional social harmfulness of the crimes. In the degree of ailment they are analogical inthe canon law of the Latin rite and in the common law of Eastern Catholic Churches.

The English Law of Sanctuary

1990 ◽  
Vol 2 (6) ◽  
pp. 8-13 ◽  
Author(s):  
J. H. Baker
Keyword(s):  
Canon Law ◽  
Common Law ◽  
Early Date ◽  
Administration Of Justice ◽  
Holy Places ◽  
Royal Courts ◽  
The Common ◽  
English Law ◽  
The Law ◽  
The Church

Although the protection of churches and holy places was embodied froman early date in Canon law, the law of sanctuary as it applied in England was necessarily part of the secular common law. The Church never had the physical power to resist the secular authorities in the administration of justice, and although those who violated sanctuary were liable to excommunication the Church could not in cases of conflict prevent the removal from sanctuary of someone to whom the privilege was not allowed by the law of the land. The control of the common law judges was, indeed, tighter than in the case of benefit of clergy. The question whether an accused person was or was not a clerk in Holy Orders was ultimately a question for the ordinary, however much pressure might be put upon him by the judges; but the question of sanctuary or no sanctuary was always a question for the royal courts to decide, upon the application of a person who claimed to have been wrongly arrested in a privileged place. The present summary is confined to the position under English law.

The Right to Indemnity between Master and Servant

1956 ◽  
Vol 14 (1) ◽  
pp. 101-111 ◽  
Author(s):  
J. A. Jolowicz
Keyword(s):  
Cold Storage ◽  
Common Law ◽  
Married Women ◽  
Law Reform ◽  
Recent Case ◽  
Legal Principle ◽  
The Common ◽  
The Law ◽  
The Right ◽  
Court Of Appeal

The proposition that a master, who has become liable for an injury caused by a servant acting in the course of his employment, can recover an indemnity from the servant is one which has been stated on a number of occasions, but until the recent case of Romford Ice & Cold Storage Co. v. Lister no clear authority could be cited in support. It is true that the master's rights against his servant have been canvassed in at least three modern cases, but in all of them the common law position has been obscured by the application of the Law Reform (Married Women and Tortfeasors) Act, 1935. In Romford Ice & Cold Storage Co. v. Lister, however, by what those interested in legal principle can only regard as a happy chance, it was necessary for the Court of Appeal to deal with the matter independently of the Act.

scholarly journals Marital Power Finally Obliterated: The History of the Abolition of the Marital Power in Civil Marriages in Eswatini

2020 ◽  
Vol 23 ◽  
pp. 1-19
Author(s):  
Simangele D Mavundla ◽  
Ann Strode ◽  
Dumsani Christopher Dlamini
Keyword(s):  
Common Law ◽  
Research Work ◽  
Legal Framework ◽  
Married Women ◽  
The Body ◽  
Advocacy Groups ◽  
Marital Power ◽  
Body Of Knowledge ◽  
History Of ◽  
The Common

Women's subordination is not new in the world. As society became human rights conscious, many countries started abrogating or scrapping discriminatory laws and attitudes towards women, in particular married women. However, it has taken Eswatini more than 100 years to deal with the fact that the common law principle of marital power discriminates against women. This paper traces the reception of marital power into the legal framework of Eswatini and how advocacy groups on women's rights and freedoms have opposed women's subordination, fortified by research. This paper presents a desktop review of selected literature and case laws touching on women's emancipation in Eswatini. This research work is significant in that it adds to the body of knowledge by recording the origins of women's subjection to marital power and their eventual emancipation in the landmark case of Sacolo v Sacolo (1403/2016) [2019] SZHC 166 (30 August 2019).

scholarly journals Sovereignty this Century - Maori and the Common Law Constitution

2000 ◽  
Vol 31 (1) ◽  
pp. 187 ◽  
Author(s):  
P G McHugh
Keyword(s):  
Common Law ◽  
Public Law ◽  
Capital City ◽  
Past Century ◽  
Quarter Century ◽  
Constitutional Order ◽  
The Past ◽  
The Status ◽  
History Of ◽  
The Common

This paper is an attempt to give a panorama of constitutional life in New Zealand this century as viewed through a particularly important window, the status of the aboriginal Maori people of these islands. Questions of Maori rights and their position in the constitutional order have become burning issues in this final quarter century and represent an immense challenge for the next. This exploration is particularly appropriate as we celebrate a century of law teaching in this capital city at a University which has produced many if not most of this country's distinguished and influential public lawyers. In many respects, the history we are about to review is also a history of common law constitutionalism in this country as well to a lesser extent as similar Anglophonic jurisdictions. We are looking not just at how that part of the common law we call "public law" has dealt with a particular ethnic group. Through this aboriginal window we are looking at the changing logic and reach of public law through the past century and at the nature and character of the common law itself.

scholarly journals Language and Anglican Canon Law – Dabbling Briefly into Another Legal World

2011 ◽  
Vol 42 (2) ◽  
pp. 387
Author(s):  
Bill R Atkin
Keyword(s):  
New Zealand ◽  
Canon Law ◽  
Common Law ◽  
Customary Law ◽  
Anglican Church ◽  
Westminster Model ◽  
Legal Nature ◽  
The Common ◽  
The Church

Canon law is a body of rules that govern churches. It has a venerable history and has at times marched in step with the common law. It has a specialised vocabulary – even the word canon – much of which is derived from Greek. It also has sophisticated legislative systems, which vary from denomination to denomination and from place to place. In the case of the Anglican Church of New Zealand, the system is in part based on the Westminster model but has been modified when thought appropriate, with the result that the language used is partly familiar to the average lawyer but partly not. The exact legal nature of canon law is uncertain and may depend in part on whether the church is the established religion or not. In New Zealand where there is no establishment, a comparison could be made, inter alia, with customary law.

The Law Merchant and the Common Law Before 1700

1979 ◽  
Vol 38 (2) ◽  
pp. 295-322 ◽  
Author(s):  
J. H. Baker
Keyword(s):  
Canon Law ◽  
Common Law ◽  
Roman Law ◽  
Commercial Law ◽  
Legal Doctrine ◽  
History Of ◽  
The Common ◽  
The Law ◽  
Law Merchant ◽  
Ius Gentium

In 1845 a master of English commercial law wrote that there was “no part of the history of English law more obscure than that connected with the maxim that the law merchant is part of the law of the land.” Since then there have been detailed studies of the medieval law merchant and of the later development of English mercantile law, but the precise status of the law merchant in England and the nature of the process by which it supposedly became fused with the common law remain as obscure as they were in 1845. The obscurity begins with the very concept of the “law merchant,” which has been differently understood by different writers and continues to be used in widely divergent senses. Some have regarded it as a distinct and independent system of legal doctrine, akin in status to Civil or Canon law, and perhaps derived from Roman law. Others have supposed it to be a particular aspect of natural law, or the universal ius gentium, and as such akin to international law.

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