Guide The Rise and Fall of the English Ecclesiastical Courts, 1500-1860

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This body of law was still profoundly inegalitarian, but used a more expansive definition of child welfare to place new limits on paternal power.

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Exploring this story reveals the extent to which the fragmentation of the juridical state created a double standard between rich and poor, with the rights of rich fathers enjoying much greater legal protection than those of the poor. The article argues that we should not see the law as a stable patriarchal monolith but as a gendered system that was continuously being reconstructed at the point of use by actors with considerable freedom of manoeuvre.

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Article Navigation. The paper identifies the dependency of the ecclesiastical courts activity, on the one hand, on the process of the Tudor dynasty development, and, on the other hand, on corporate rivalry between the canonical and common law courts.

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Established still in the Middle Ages the amount of jurisdiction of English ecclesiastical courts in the Reformation period was actively controlled by the Crown. The article describes mechanisms for the interaction of the canonical law courts with the Crown and other social administrative and legal institutions, which changed during the reign of the first Tudors.


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Going to Law: The Rise and Fall of Civil Litigation

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This item is printed on demand. Seller Inventory Publisher: Cambridge University Press , This specific ISBN edition is currently not available. View all copies of this ISBN edition:. Synopsis About this title The first history of ecclesiastical jurisdiction in England that covers the period up to the removal of principal subjects inherited from the Middle Ages. Book Description : This book does what no other does - tracing the history of the growth and then the slow disappearance of an important source of English law and social regulation.

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