Common-Law Marriage

2011 ◽  
Author(s):  
Joanna L. Grossman ◽  
Lawrence M. Friedman
Keyword(s):  
Nineteenth Century ◽  
Twentieth Century ◽  
Social Factors ◽  
Common Law ◽  
Court Decisions ◽  
The Social ◽  
The Common ◽  
Legal Marriage ◽  
Husband And Wife ◽  
Common Law Marriage

This chapter describes the adventures—and the decline and fall—of the doctrine of common-law marriage in the twentieth century. A common-law marriage was an informal, but perfectly legal, marriage. If a man and woman agreed with each other to be husband and wife, then, from that moment on, they were husband and wife, without a marriage license, a judge or clergyman, witnesses, or anything else. A series of court decisions, in the first half of the nineteenth century, established the doctrine in most of the states. The chapter looks at the social factors which led to the decline of the common-law marriage.

scholarly journals Principle of Interpretation in Favor of the Insuree in Turkish Social Security Law

2016 ◽  
Author(s):  
Nurgül Emine Barın
Keyword(s):  
Social Security ◽  
Rule Of Law ◽  
Common Law ◽  
Labor Law ◽  
Court Decisions ◽  
Business Law ◽  
The Rule Of Law ◽  
The Social ◽  
True Meaning ◽  
The Common

One of the major problems encountered in the implementation of the rule of law is in the absence of the meaning of law or what it wants to tell is not clearly defined, the true meaning is revealed through interpretation. In labor law and social security law; Although the review will benefit from the rules for the common law, workers-interpretation in favor of the insuree is effective. This policy is considered as one of the fundamental policies of the Labour and Social Security Law. Located between the basic policies of business law, the protection of the workers, which is a consequence of the interpretation in favor of the insuree policy, shows itself in the form of interpretation in favor of the insuree in the social security law. One factor for necessity of supporting interpretation in favor of the insuree is, social security right is among the basic human rights. In particular, the interpretation of legislation related to the social security right by constitutional guarantee, it is important to keep in mind this basic policy. The overall purpose of the social security law is to benefit from this right by more people, namely the expansion of the scope. In this study, the place of interpretation in favor of the insuree and limitations related to this interpretation will be examined in the light of samples of Supreme Court Decisions and regarding substance of the Constitution and laws.

scholarly journals The publication of judicial decisions as a reason for convincing precedent

1970 ◽  
pp. 195-199
Author(s):  
Roman Sabodash
Keyword(s):  
Common Law ◽  
Civil Law ◽  
General Idea ◽  
Court Decisions ◽  
Supreme Courts ◽  
State Register ◽  
Pros And Cons ◽  
Legal Position ◽  
The Common ◽  
The Right

The paper shows how the publication of court decisions influenced the formation of a precedent. The author reviewed scientific works devoted to research the precedent in common and continental law. The research explains that the formation of precedent in England was accompanied by development of the judgment’s reviews and their prevalence among lawyers. Of course, publication of court decisions was not a major factor in setting a precedent, but it played a significant role in this. The paper also describes facts of the publication of court decisions in Italy, Germany, France and the Netherlands, as well as the admissibility of their citations at the court of cassation. The general idea of the paper is that convincing precedent exists and is used although the countries of continental law do not have a «classic» precedent. The paper gives a review of the importance of the state register of court decisions for setting a convincing precedent in Ukraine. The author analyzes the pros and cons of citing court decisions. It’s stated that, unfortunately, the quotations of court decisions is not always correct and sometimes amounts to rewriting the «right» legal position without comparing the circumstances of the case. The article concludes that the practice of applying a convincing precedent in Ukraine is only emerging and needs further improvement.          It has been found out that the publication of judgments of supreme courts is one of the factors that helped to establish precedent in common law countries. The publication of court rulings also created the conditions for a convincing precedent in civil law countries (especially in private law). At the same time, the formation of a “convincing precedent» in countries where court decisions are published in publicly available electronic court registers is much faster than in common law countries. Of course, the structure and the significance of the precedent in the common law and civil law countries are different, but one cannot dismiss that publication of court decisions as one of the factors for establishing the precedent.

Making a Space for Antisemitism: The Catholic Hierarchy and the Jews in the Early Twentieth Century

2003 ◽  
pp. 415-430
Author(s):  
Brian Porter
Keyword(s):  
Nineteenth Century ◽  
Twentieth Century ◽  
Common Ground ◽  
Late Nineteenth Century ◽  
Early Twentieth Century ◽  
The Common ◽  
Late Nineteenth ◽  
The Church

This chapter argues that as recently as the 1880s, Catholicism, as it existed in Poland at the time, was still somewhat resistant to expressions of antisemitism. Catholicism, in other words, was configured in such a way in the late nineteenth century as to make it hard for antisemites to express their views without moving to the very edges of the Catholic framework. Catholicism and antisemitism did overlap at the time, but the common ground was much more confined than it would later become. If one moves forward fifty years, to the 1930s, one sees a different picture: the discursive boundaries of Catholicism in Poland had shifted to such a degree that antisemitism became not only possible, but also difficult to avoid. The upshot of this argument is that Catholicism in Poland is not antisemitic in any sort of essential way, and that religion did not directly generate the forms of hatred that would become so deadly and virulent in the early twentieth century. None the less, Catholicism did become amenable to antisemitism in Poland, so much so that the Church in Poland between the wars was one of the country's leading sources of prejudice and animosity.

Law Making

2019 ◽  
pp. 206-238
Author(s):  
John Baker
Keyword(s):  
Nineteenth Century ◽  
Common Law ◽  
Case Law ◽  
Symbiotic Relationship ◽  
Legal Change ◽  
Inns Of Court ◽  
History Of ◽  
The Common ◽  
Common Learning ◽  
Law Making

This chapter examines the history of case-law, legislation, and equity, with particular reference to legal change. The common law was evidenced by judicial precedent, but single decisions were not binding until the nineteenth century. It was also rooted in professional understanding, the ‘common learning’ acquired in the inns of court. It was based on ‘reason’, operating within a rigid procedural framework. Legal change could be effected by fictions, equity, and legislation, but (except during the Interregnum) there was little systematic reform before the nineteenth century. Legislation was external to the common law, but it had to be interpreted by common-law judges and so there was a symbiotic relationship between statute-law and case-law. Codification has sometimes been proposed, but with limited effect.

The Authority of the Administration

2020 ◽  
pp. 45-66
Author(s):  
Janet McLean
Keyword(s):  
Nineteenth Century ◽  
Eighteenth Century ◽  
Seventeenth Century ◽  
Common Law ◽  
Radical Change ◽  
Public Trust ◽  
Administrative Law ◽  
Legitimate Authority ◽  
The Common ◽  
Theoretical Foundations

The authority claims of the administration have undergone radical change with consequences for the shape and content of administrative law. In the seventeenth century, authority was claimed in office, as a means to limit the imposition of the King’s will and to secure the independence of officials, especially the judges. In the eighteenth century, virtue, property, and independence became the basis for office, and the common law sought to enhance such authority through notions of public trust. After the nineteenth-century transition to more centralised and bureaucratic hierarchy, democracy became the new source of authority for the administration, reinforced by the ultra vires doctrine. In each era, the authority claims of the administration have been reflected in the frameworks for judicial supervision. In this way the common law has simultaneously constituted and controlled authority. In the present day we are in the process of rethinking whence administrators derive their legitimate authority and the theoretical foundations of judicial review. Beginning with the authority claims of the administration and framing a juridical response which reflects and tests such claims would be a good place to start.

The Republic of Bees

2019 ◽  
pp. 77-126
Author(s):  
Lawrence M. Friedman
Keyword(s):  
Eighteenth Century ◽  
Common Law ◽  
The United States ◽  
State Constitutions ◽  
System A ◽  
The Social ◽  
American Law ◽  
The Common ◽  
The Republic ◽  
Law Of Evidence

This chapter details changes in American law from the eighteenth century onward, covering federal and state constitutions, judges, organization of courts, and civil procedure, and the law of evidence. The colonies declared themselves independent in 1776. However, American law continued to borrow from English law. English doctrines that were needed and appropriate were welcome. Between 1776, and the middle of the nineteenth century, there developed a true republic of bees; their flowers were the social and economic institutions that grew up in the United States. American conditions and ideas were the lawmakers that made American law a distinctive system: a separate language within the common-law family.

‘Our Greatest Riches’: Horses at the Intersection of Settler and Kazakh Society in the Late Imperial Period

2017 ◽  
Vol 3 (2) ◽  
pp. 210-228
Author(s):  
Sean McDaniel
Keyword(s):  
Nineteenth Century ◽  
Land Use ◽  
Twentieth Century ◽  
Seasonal Migration ◽  
Late Nineteenth Century ◽  
Migration Routes ◽  
Late Imperial ◽  
Imperial Period ◽  
The Social ◽  
Late Nineteenth

This article examines interactions between Slavic peasant migrants and mobile pastoralist Kazakhs within the setting of the Kazakh Steppe during the period of heaviest resettlement to the region beginning in the late nineteenth century and continuing into the early twentieth century. It considers how the importance of horses to both settlers and Kazakhs alike dictated these interactions and how the sedentary world of the settlers disrupted the seasonal migration routes of Kazakh horse herders. Particularly with concern to the greatly expanded horse market, issues regarding land use, and increased instances of horse theft throughout the region, the Russian state’s encroachment into the steppe forever altered the social and economic makeup of the region.

scholarly journals “Blood Is a Very Special Juice”: Racialized Bodies and Citizenship in Twentieth-Century Germany

1999 ◽  
Vol 44 (S7) ◽  
pp. 149-169 ◽  
Author(s):  
Fatima El Tayeb
Keyword(s):  
Nineteenth Century ◽  
Twentieth Century ◽  
Second Generation ◽  
Place Of Birth ◽  
Early Nineteenth Century ◽  
Social Democratic ◽  
Democratic Government ◽  
Second Generation Immigrants ◽  
The Social ◽  
Nationality Law

The 1999 plan of the Social Democratic government to adjust Germany's 1913 nationality law has generated an intensely emotional debate. In an unprecedented action, the opposition Christian Democrats managed to gather hundreds of thousands of signatures against the adjustment that would have granted citizenship to second generation “immigrants” born in Germany. At the end of the twentieth century, Germans still strongly cling to the principle ofjus sanguinis. The idea that nationality is not connected ot place of birth or culture but rather to a “national essence” tJiat is somehow incorporated in the subject's blood has been strong in Germany since the early nineteenth century and has been especially decisive for the country's twentieth-century history.

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