Married Women Bankrupts in the Age of Coverture

2009 ◽  
Vol 34 (02) ◽  
pp. 265-299 ◽  
Author(s):  
Karen Pearlston
Keyword(s):  
Nineteenth Century ◽  
Eighteenth Century ◽  
Married Woman ◽  
Married Women ◽  
Separate Property ◽  
The Law

Many married women with separate property held their property as stock‐in‐trade and traded independently from their husbands. However, if the business failed, a married woman trader's ability to take advantage of bankruptcy process depended on the exception to coverture according to which she held her separate property. This article is the first to examine reported bankruptcy cases involving married women in their doctrinal context and in relation to other exceptions to coverture. It analyzes the issues arising in the eighteenth century and argues that they should be understood in relation to the larger picture of married women's law, especially the law of private separation. The article also considers the oblique relationship between private separation jurisprudence and married women's bankruptcy in the nineteenth century, a relationship that was bridged by a line of cases that, on the surface, seem to be unrelated.

How violent was eighteenth-century Ireland?

1997 ◽  
Vol 30 (119) ◽  
pp. 377-392 ◽  
Author(s):  
Neal Garnham
Keyword(s):  
Nineteenth Century ◽  
Eighteenth Century ◽  
Everyday Life ◽  
Recent Book ◽  
Ethnic Conflicts ◽  
Popular Protest ◽  
Ancient Regime ◽  
History Of ◽  
Typical Part ◽  
The Law

In his recent book dealing with the history of duelling in Ireland, James Kelly comes to the conclusion that eighteenth-century Ireland was essentially ‘a violent society’, peopled at least in part ‘by wilful men who put their individual reputations above their lives, their families, their religion, and the law’. Such comments seem to continue a well-established tradition of interpretation that goes back to the nineteenth century. However, this image of a society in which violence was endemic, and conflict a feature of everyday life, has not gone unquestioned by historians. For example, Thomas Bartlett and Sean Connolly have instead noted the relatively controlled nature of popular protest, the early disappearance of banditry, and the reliance, until the very end of the century, on local enforcement of the law, as possible indications that Ireland may not have been as disorderly a society as has been suggested. These differing interpretations have, in turn, an obvious relevance to the wider debate on how eighteenth-century Ireland should be perceived: as a society irreconcilably and uniquely divided by religious and ethnic conflicts, or as a more or less typical part of the European ancient régime.

The Theory of Recognition in Fieri (1958)

2017 ◽  
Author(s):  
C. H. Alexandrowicz
Keyword(s):  
Nineteenth Century ◽  
Eighteenth Century ◽  
International Law ◽  
Direct Influence ◽  
Historical Survey ◽  
Early Nineteenth Century ◽  
Formative Stage ◽  
Law Of Nations ◽  
New States ◽  
The Law

The historian of international law attempting an inquiry into the law of recognition of States and governments during its formative stage, particularly into eighteenth-century sources, is bound to consult the first historical survey of the literature of the law of nations by D. H. L. Ompteda, published in 1785. Ompteda referred to problems of recognition under the general heading of the fundamental right of nations to freedom and independence. All the essays he mentioned as being directly or indirectly relevant to problems of recognition of new States or rulers were written by comparatively unknown authors. Among them, Justi and Steck were perhaps the most active participants in the first attempts to formulate a theory of recognition. This chapter considers these early attempts, in particular the direct influence of Justi and Steck on Martens and Klueber, and through them on Henry Wheaton and some of the early nineteenth-century writers.

‘Furiously Mad’: Vagrancy Law and a Sub-Group of the Disorderly Poor

Rural History ◽  
2013 ◽  
Vol 24 (1) ◽  
pp. 25-40 ◽  
Author(s):  
AUDREY ECCLES
Keyword(s):  
Nineteenth Century ◽  
Eighteenth Century ◽  
Social Problem ◽  
Common Law ◽  
Medical Texts ◽  
The Public ◽  
Course Of Action ◽  
The Subject ◽  
The Common ◽  
The Law

Abstract:Madness has been a social problem from time immemorial. Wealthy lunatics were made royal wards so that their estates would be looked after, and the common law very early admitted madness and idiocy as conditions justifying the exemption of the sufferer from punishments for crime. But the vast majority of lunatics have never been either criminal or wealthy, and many wandered about begging, unwelcome in any settled community. Finally, in the eighteenth century, the law made some attempt to determine a course of action which would protect the public and theoretically also the lunatic. This legislation and its application in practice to protect the public, contain the lunatic, and deal with the nuisance caused by those ‘disordered in their senses’, form the subject of this article. Much has been written about the development of psychiatry, mainly from contemporary medical texts, and about the treatment of lunatics in institutions, chiefly from nineteenth-century sources, but much remains to be discovered from archival sources about the practicalities of dealing with lunatics at parish level, particularly how they were defined as lunatics, who made such decisions, and how they were treated in homes and workhouses.

scholarly journals Hampshire Women as Landholders: Common Law Mediated by Manorial Custom

Rural History ◽  
1996 ◽  
Vol 7 (1) ◽  
pp. 1-14 ◽  
Author(s):  
Sylvia Seeliger
Keyword(s):  
Nineteenth Century ◽  
Common Law ◽  
Married Women ◽  
The Law

The traditional idea of a landowner is inextricably bound up with concepts of maleness. The most frequently used word for a landowner is simply ‘landlord’, with the corresponding feminine form ‘landlady’ carrying quite different connotations. The law with regard to inheritance and marriage lends weight to this interpretation, since common law, until the mid-nineteenth century, decreed that married women could not own property or make contracts as individuals, in theory leaving only spinsters and widows as potential landowners. Yet scrutiny of manorial, enclosure, tithe and land tax documentation reveals that women commonly held land either as owners or occupiers.

The Case of the Reverend James Shore

1996 ◽  
Vol 47 (3) ◽  
pp. 478-504
Author(s):  
Grayson Carter
Keyword(s):  
Nineteenth Century ◽  
Eighteenth Century ◽  
Church Of England ◽  
The Law ◽  
Set Up ◽  
The Church

The two hundred or so evangelical clergymen who seceded from the Church of England into Protestant Dissent during the first half of the nineteenth century often paid a considerable price for their action. By crossing the subtle social boundary between Anglican priesthood and Nonconformist ministry they forfeited status and often, no doubt, income. A number vanished into comparative obscurity as pastors of small chapels, whether as ministers of a major denomination, Strict and Particular Baptists, Christian Brethren, or preachers in some unlabelled and impoverished chapel. If not so severely penalised for their secession as many of their colleagues who went to Rome, particularly those with wives for whom entry into the Roman priesthood was closed, they usually came off the worse in temporal terms for following the dictates of conscience. This, no doubt, they fully anticipated. What was not anticipated, however, was the imposition of a legal penalty for their act of secession. Though Anglican secessions to Rome or Dissent were not infrequent, their legality was apparently seldom if ever questioned. Liberal Churchmen like Theophilus Lindsey, who had abandoned the establishment for Unitarianism during the eighteenth century, had set up their chapels with impunity. In 1831 the evangelical William Tiptaft received a threat from Thomas Burgess, the bishop of Salisbury, upon seceding from the parish of Sutton Courtney, Berkshire, but nothing came of it. Those who left the via media for Rome were assumed to be acting within the framework of the law when they took up a new ministry as priests of another apostolic confession.

scholarly journals Banking Firms in Nineteenth-Century Hyderabad Politics

1981 ◽  
Vol 15 (2) ◽  
pp. 177-201 ◽  
Author(s):  
Karen Leonard
Keyword(s):  
Nineteenth Century ◽  
Eighteenth Century ◽  
The State ◽  
Historical Records ◽  
Law And Order ◽  
Mughal Empire ◽  
Business And Politics ◽  
The Law ◽  
The Government ◽  
The Relationship

The relationship between business and politics in preindustrial societies has seldom been clear from historical records. I have argued elsewhere that the major banking firms of Mughal India were central to the imperial system. These ‘great firms’ were not parasites, passively supportive of the state because it preserved the law and order necessary for trade; they were not self-contained caste communities interacting with the government through the leaders of panchayats or guilds. Their functions were as important to the government as those of its official treasurers, and their desertion of the Mughal Empire in the eighteenth century helped bring about its collapse.

The Pursuit of Guilty Things

2016 ◽  
Author(s):  
Daniel M. Stout
Keyword(s):  
Nineteenth Century ◽  
Eighteenth Century ◽  
Basic Assumption ◽  
Tort Law ◽  
The Law ◽  
Century Science ◽  
Subsequent Rise ◽  
Romantic Aesthetics

Chapter one charts out three separate but interrelated nineteenth-century histories: the return and subsequent rise of the corporation as a business entity after 1825; the challenges industrialism posed to tort law; and the problems both eighteenth-century science and Romantic aesthetics had in understanding the identity of collectives. The goal of the chapter is to transform our understanding of the nineteenth-century as a period committed to individualism by seeing the prevalence of collectives within even apparently liberal or individualistic spheres (the law, economics, Romanticism) and the challenges they posed to the basic assumption of liberalism and justice that individual persons can be meaningfully correlated with particular actions and effects.

Doctrinal Aspects of the Universality of the Law of Nations (1961)

2017 ◽  
Author(s):  
C. H. Alexandrowicz
Keyword(s):  
Nineteenth Century ◽  
Eighteenth Century ◽  
European Community ◽  
Early Nineteenth Century ◽  
Long Run ◽  
Law Of Nations ◽  
Late Eighteenth ◽  
Natural Conception ◽  
The Law

The process of European consolidation can be traced back to the second half of the eighteenth century when some classic writers on the law of nations first conceived or pronounced the existence of a legally ‘organized’ European community of States. This regional conception has been contrasted with that of the universal and natural conception of the law of nations which found itself in juxtaposition with new trends, and the ensuing conflict between them raised the question of whether the positivist European reality was reconcilable with the idea of the universalism of the law of nations. Various answers have been offered to this question and some of the leading classical writers showed comparatively less understanding of its solution in the long run than some of the lesser-known writers. This chapter recalls their views and compares them with those expressed in the well-known treatises of the late eighteenth- and early nineteenth-century positivists.

‘I fought the law’: popular music and British obscenity law

Popular Music ◽  
1995 ◽  
Vol 14 (3) ◽  
pp. 349-363 ◽  
Author(s):  
Martin Cloonan
Keyword(s):  
Nineteenth Century ◽  
Eighteenth Century ◽  
Civil Society ◽  
Popular Music ◽  
Common Law ◽  
Police Power ◽  
Obscenity Law ◽  
Erotic Literature ◽  
The Law

In Britain the term ‘obscenity’ has enjoyed a chequered career. Obscene libel first became an offence in 1727 when an erotic book called Venus in the Cloister was found to contravene common law by tending to ‘weaken the bonds of civil society, virtue and morality’ (Robertson 1991, p. 180). Despite this, erotic literature remained freely available throughout the eighteenth century. In the nineteenth century Britain got its first Obscene Publications Act. This came in 1857 and gave the police power to take books before local Justices who could order their forfeiture and destruction.

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