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).

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.

scholarly journals Auditing profession regulation: Lesson learned from code and common law countries regulatory approaches

2018 ◽  
Vol 8 (3) ◽  
pp. 80-101 ◽  
Author(s):  
Ahmed Eltweri ◽  
Mohammad Altarawnah ◽  
Krayyem Al-Hajaya ◽  
Wa’el Al-Karaki
Keyword(s):  
Developing Countries ◽  
Common Law ◽  
Arab Countries ◽  
The Body ◽  
Structured Interviews ◽  
Stakeholder Groups ◽  
Body Of Knowledge ◽  
Qualitative Approaches ◽  
The Common ◽  
Statutory Regulation

This paper aims to explore the common regulatory approaches for audit and accounting profession and identify the suitable approach to the Libyan audit profession. Mixed methods both quantitative and qualitative approaches were employed, in which a questionnaire was completed by 196 respondents. Statistical analysis, via the SPSS, was performed on the data. The outcomes are believed to be generalized given the size of the sample. In addition to 9 semi-structured interviews were conducted, representing five stakeholder groups in the Libyan auditing arena. This study has found that the majority of respondents are clearly in favour of the appointment of an independent regulator, believing this to be the most beneficial option of the list available for the Libyan audit profession, while statutory regulation (government intervention) is considered the next beneficial choice. Likewise, the findings from the interviewee exercise show a preference for an independent regulator. Due to the lack of research on governance and regulations among developing countries, this study contributes to the body of literature in respect of the Libyan accounting and auditing environment by specifically exploring the perception of stakeholders towards the existing regulatory approaches implemented in both developed and developing countries. By implication, it makes a contribution to the wider body of knowledge about auditing in the Arab countries, where similar cultural conventions and attitudes exist.

A History of the Common Law of Contract: The Rise of the Action of Assumpsit

1977 ◽  
Vol 27 (3) ◽  
pp. 373
Author(s):  
J. L. Barton ◽  
A. W. B. Simpson ◽  
S. J. Stoljar
Keyword(s):  
Common Law ◽  
History Of ◽  
The Common

New Light on Slade's Case

1971 ◽  
Vol 29 (1) ◽  
pp. 51-67 ◽  
Author(s):  
J. H. Baker
Keyword(s):  
Common Law ◽  
Full Report ◽  
History Of ◽  
The Subject ◽  
The Common ◽  
Almost All

Slade's Case is of such significance in the history of the common law that it has, quite properly, been the subject of more scrutiny and discussion in recent years than any other case of the same age. The foundation of all this discussion has been Coke's report, which is the only full report in print. The accuracy and completeness of Coke's version have hardly been challenged, and the discussions have assumed that it contains almost all there is to know about the case. This assumption must be discarded if we are to understand the contemporary significance of the case.

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