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Full-Text Articles in Law
"Well-Behaved Women Don't Make History": Rethinking English Family, Law, And History, Danaya C. Wright
"Well-Behaved Women Don't Make History": Rethinking English Family, Law, And History, Danaya C. Wright
Danaya C. Wright
In 1857 Parliament finally succumbed to public and political pressure and passed a bill creating a domestic relations court: the Court for Divorce and Matrimonial Causes. This new court for the first time in common-law history, combined the following jurisdictions: the ecclesiastical court's jurisdiction over marital validity and separation; the Chancery court's jurisdiction over child custody and equitable estates; the common-law court's jurisdiction over property; and Parliament's jurisdiction over divorce and marital settlements. Wives were given the legal right to seek a divorce or judicial separation in a court of law, receive custody of the children of the marriage, and …
Maneuvering Modernity: Family Law As A Battle Field In Colonial Taiwan (1895-1945), Yun-Ru Chen
Maneuvering Modernity: Family Law As A Battle Field In Colonial Taiwan (1895-1945), Yun-Ru Chen
2013 New England Association for Asian Studies Conference
Twenty five years after launching its own legal modernization in response to Western imperialism, Japan imposed a modern legal system upon its first colony, Taiwan. In accordance with the “respecting old custom” colonial policy, the Japanese created a system called Taiwanese customary law, a mixture of imperial Chinese laws, local customs and European legal concepts, and gradually implemented its newly adopted European-style Meiji Civil Code (1898). However, even since the late 1910s when the colonial policy changed into “full-flag assimilation,” family law remained an exception to the transplantation of Japanese laws. That did not, however, mean that family law was …
The Three Waves Of Married Women’S Property Acts In The Nineteenth Century With A Focus On Mississippi, New York And Oregon, Joe Custer
Joe Custer
Paper starts with a brief section on early America and social reform that provides a background on why married women's property acts (MWPA's) passed when they did in nineteenth century America. After laying the foundation, the paper delves into the three waves in which the MWPA's were passed in the nineteenth century focusing for the first time in the literature on one specific state for each wave. The three states; Mississippi, New York and Oregon, are examined leading up to passage. Next, the paper will look into the judicial reaction of each State’s highest court. Were the courts supportive of …
Emerging Models For Alternatives To Marriage, Sanford N. Katz
Emerging Models For Alternatives To Marriage, Sanford N. Katz
Sanford N. Katz
Perhaps one of the most important changes in family law in the past thirty years has been the inclusion of certain kinds of friendships in the range of relationships from which rights and responsibilities can flow. Domestic partnership laws, a phenomenon of the 1990s, may be seen as a natural development from the judicial recognition of contract cohabitation and the legislative and judicial response to same-sex couples who, unable to meet statutory requirements for marriage, have sought official recognition of their relationships. This essay discusses an aspect of certain kinds of domestic partnership laws-their formal requirements and the extent to …
Elizabeth Cady Stanton And The Notion Of A Legal Class Of Gender, Tracy A. Thomas
Elizabeth Cady Stanton And The Notion Of A Legal Class Of Gender, Tracy A. Thomas
Akron Law Faculty Publications
In the mid-nineteenth century, Elizabeth Cady Stanton used narratives of women and their involvement with the law of domestic relations to collectivize women. This recognition of a gender class was the first step towards women’s transformation of the law. Stanton’s stories of working-class women, immigrants, Mormon polygamist wives, and privileged white women revealed common realities among women in an effort to form a collective conscious. The parable-like stories were designed to inspire a collective consciousness among women, one capable of arousing them to social and political action. For to Stanton’s consternation, women showed a lack of appreciation of their own …
Elizabeth Cady Stanton And The Notion Of A Legal Class Of Gender, Tracy A. Thomas
Elizabeth Cady Stanton And The Notion Of A Legal Class Of Gender, Tracy A. Thomas
Tracy A. Thomas
In the mid-nineteenth century, Elizabeth Cady Stanton used narratives of women and their involvement with the law of domestic relations to collectivize women. This recognition of a gender class was the first step towards women’s transformation of the law. Stanton’s stories of working-class women, immigrants, Mormon polygamist wives, and privileged white women revealed common realities among women in an effort to form a collective conscious. The parable-like stories were designed to inspire a collective consciousness among women, one capable of arousing them to social and political action. For to Stanton’s consternation, women showed a lack of appreciation of their own …
Responding To Nietzsche: The Constructive Power Of Destruktion, Francis J. Mootz Iii
Responding To Nietzsche: The Constructive Power Of Destruktion, Francis J. Mootz Iii
Scholarly Works
As a student of Hans-Georg Gadamer, and later a translator and important commentator on Gadamer’s philosophy, P. Christopher Smith is widely acknowledged to be a leading hermeneutical philosopher. In a series of works, Smith has argued that Gadamer provides an important corrective to Nietzsche’s caustic critical challenges, but that Gadamer’s hermeneutics has no relevance for legal theory because law is just the manifestation of will to power. In this paper I argue that Smith misunderstands the nature of legal practice. Starting with a re-reading of the debate between Gadamer and Jacques Derrida about the legacy of Nietzsche’s philosophy, I argue …