Law and the Family in Ireland, 1800–1950

Law and the Family in Ireland, 1800–1950

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  • Author: Niamh Howlin
  • Publisher: Palgrave Macmillan
  • ISBN: 9781137606389
  • Category : Law
  • Languages : en
  • Pages : 0

This multi-disciplinary study considers the intersection between law and family life in Ireland from the early nineteenth to the mid-twentieth century. Setting the law in its wider social historical context it traces marriage from its formation through to its breakdown. It considers the impact of the law on such issues as adultery, divorce, broken engagements, marriage settlements, pregnancy, adoption, property, domestic violence, concealment of birth and inter-family homicide, as well as the historical origins of the Constitutional protection of the family. An underlying theme is the way in which the law of the family in Ireland differed from the law of the family in England.


Law and Religion in Ireland, 1700-1970

Law and Religion in Ireland, 1700-1970

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  • Author: Kevin Costello
  • Publisher: Springer Nature
  • ISBN: 303074373X
  • Category : Law
  • Languages : en
  • Pages : 404

This book focuses, from a legal perspective, on a series of events which make up some of the principal episodes in the legal history of religion in Ireland: the anti-Catholic penal laws of the late seventeenth and early eighteenth century; the shift towards the removal of disabilities from Catholics and dissenters; the dis-establishment of the Church of Ireland; and the place of religion, and the Catholic Church, under the Constitutions of 1922 and 1937.


Marital violence in post-independence Ireland, 1922–96

Marital violence in post-independence Ireland, 1922–96

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  • Author: Cara Diver
  • Publisher: Manchester University Press
  • ISBN: 1526120135
  • Category : History
  • Languages : en
  • Pages : 265

Marital violence in post-independence Ireland, 1922–96 represents the first comprehensive history of marital violence in modern Ireland, from the founding of the Irish Free State in 1922 to the passage of the Domestic Violence Act and the legalisation of divorce in 1996. Based upon extensive research of under-used court records, this groundbreaking study sheds light on the attitudes, practices, and laws surrounding marital violence in twentieth-century Ireland. While many men beat their wives with impunity throughout this period, victims of marital violence had little refuge for at least fifty years after independence. During a time when most abused wives remained locked in violent marriages, this book explores the ways in which men, women, and children responded to marital violence. It raises important questions about women’s status within marriage and society, the nature of family life, and the changing ideals and lived realities of the modern marital experience in Ireland.


Marriage in Ireland, 1660–1925

Marriage in Ireland, 1660–1925

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  • Author: Maria Luddy
  • Publisher: Cambridge University Press
  • ISBN: 1108788467
  • Category : History
  • Languages : en
  • Pages : 463

What were the laws on marriage in Ireland, and did church and state differ in their interpretation? How did men and women meet and arrange to marry? How important was patriarchy and a husband's control over his wife? And what were the options available to Irish men and women who wished to leave an unhappy marriage? This first comprehensive history of marriage in Ireland across three centuries looks below the level of elite society for a multi-faceted exploration of how marriage was perceived, negotiated and controlled by the church and state, as well as by individual men and women within Irish society. Making extensive use of new and under-utilised primary sources, Maria Luddy and Mary O'Dowd explain the laws and customs around marriage in Ireland. Revising current understandings of marital law and relations, Marriage in Ireland, 1660–1925 represents a major new contribution to Irish historical studies.


Gender and punishment in Ireland

Gender and punishment in Ireland

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  • Author: Lynsey Black
  • Publisher: Manchester University Press
  • ISBN: 1526145308
  • Category : History
  • Languages : en
  • Pages : 215

Gender and punishment in Ireland explores women’s lethal violence in Ireland. Drawing on comprehensive archival research, including government documents, press reporting, the remnants of public opinion and the voices of the women themselves, the book contributes to the burgeoning literature on gender and punishment and women who kill. Engaging with concepts such as ‘double deviance’, chivalry, paternalism and ‘coercive confinement’, the work explores the penal landscape for offending women in postcolonial Ireland, examining in particular the role of the Catholic Church in responses to female deviance. The book is an extensive interdisciplinary treatment of women who kill in Ireland and will be useful to scholars of gender, criminology and history.


Marriage, Law and Modernity

Marriage, Law and Modernity

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  • Author: Julia Moses
  • Publisher: Bloomsbury Publishing
  • ISBN: 1474276113
  • Category : History
  • Languages : en
  • Pages : 289

Marriage, Law and Modernity offers a global perspective on the modern history of marriage. Widespread recent debate has focused on the changing nature of families, characterized by both the rise of unmarried cohabitation and the legalization of same-sex marriage. However, historical understanding of these developments remains limited. How has marriage come to be the target of national legislation? Are recent policies on same-sex marriage part of a broader transformation? And, has marriage come to be similar across the globe despite claims about national, cultural and religious difference? This collection brings together scholars from across the world in order to offer a global perspective on the history of marriage. It unites legal, political and social history, and seeks to draw out commonalities and differences by exploring connections through empire, international law and international migration.


Fair and Unfair Trials in the British Isles, 1800-1940

Fair and Unfair Trials in the British Isles, 1800-1940

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  • Author: David Nash
  • Publisher: Bloomsbury Publishing
  • ISBN: 1350050962
  • Category : History
  • Languages : en
  • Pages : 247

Adopting a microhistory approach, Fair and Unfair Trials in the British Isles, 1800-1940 provides an in-depth examination of the evolution of the modern justice system. Drawing upon criminal cases and trials from England, Scotland, and Ireland, the book examines the errors, procedural systems, and the ways in which adverse influences of social and cultural forces impacted upon individual instances of justice. The book investigates several case studies of both justice and injustice which prompted the development of forensic toxicology, the implementation of state propaganda and an increased interest in press sensationalism. One such case study considers the trial of William Sheen, who was prosecuted and later acquitted of the murder of his infant child at the Old Baily in 1827, an extraordinary miscarriage of justice that prompted outrage amongst the general public. Other case studies include trials for treason, theft, obscenity and blasphemy. Nash and Kilday root each of these cases within their relevant historical, cultural, and political contexts, highlighting changing attitudes to popular culture, public criticism, protest and activism as significant factors in the transformation of the criminal trial and the British judicial system as a whole. Drawing upon a wealth of primary sources, including legal records, newspaper articles and photographs, this book provides a unique insight into the evolution of modern criminal justice in Britain.


Same-Sex Relationships, Law and Social Change

Same-Sex Relationships, Law and Social Change

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  • Author: Frances Hamilton
  • Publisher: Routledge
  • ISBN: 0429664443
  • Category : Law
  • Languages : en
  • Pages : 295

This edited collection provides a forum for rigorous analysis of the necessity for both legal and social change with regard to regulation of same-sex relationships and rainbow families, the status of civil partnership as a concept and the lived reality of equality for LGBTQ+ persons. Twenty-eight jurisdictions worldwide have now legalised same-sex marriage and many others some level of civil partnership. In contrast other jurisdictions refuse to recognise or even criminalise same-sex relationships. At a Council of Europe level, there is no requirement for contracting states to legalise same-sex marriage. Whilst the Court of Justice of the European Union now requires contracting states to recognise same-sex marriages for the purpose of free movement and residency rights, unlike the US Supreme Court, it does not require EU Member States to legalise same-sex marriage. Law and Sociology scholars from five key jurisdictions (England and Wales, Italy, Australia, Canada, and the Republic of Ireland) examine the role of the Council of Europe, European Union and further international regimes. A balanced approach between the competing views of critically analytical rights based theorists and queer and feminist theorists interrogates the current international consensus in this fast moving area. The incrementalist theory whilst offering a methodology for future advances continues to be critiqued. All contributions from differing perspectives expose that even for those jurisdictions who have legalised same-sex marriage, still further and continuous work needs to be done. The book will be of interest to students and scholars in the field of human rights, family and marriage law and gender studies.


The Irish Supreme Court

The Irish Supreme Court

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  • Author: Brice Dickson
  • Publisher: Oxford University Press
  • ISBN: 0192512471
  • Category : Law
  • Languages : en
  • Pages : 579

This book examines the jurisprudence of the Supreme Court of Ireland since its creation in 1924. It sets out the origins of the Court, explains how it operated during the life of the Irish Free State (1922-1937), and considers how it has developed various fields of law under Ireland's 1937 Constitution, especially after the 're-creation' of the Court in 1961. As well as constitutional law, the book looks at the Court's views on the status and legal system of Northern Ireland, administrative law, criminal justice and personal and family law. There are also chapters on the Supreme Court's interaction with European Union law and with the European Convention on Human Rights. The argument throughout is that, while the Court has been well served by many of its judges, who on occasion have manifested a healthy degree of judicial activism, there are still several legal fields in which the Court has not developed its jurisprudence as clearly or as imaginatively as it might have done. It has often displayed undue conservatism and deference. For many years its performance was hampered by its extreme workload, generated by its inability to control the number of appeals brought to it. However, the creation of a new Court of Appeal in 2014 has freed up the Supreme Court to act in a manner more analogous to that adopted by supreme courts in other common law countries. The Court's future looks bright.


Women, Crime and Punishment in Ireland

Women, Crime and Punishment in Ireland

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  • Author: Elaine Farrell
  • Publisher: Cambridge University Press
  • ISBN: 1108839509
  • Category : History
  • Languages : en
  • Pages : 305

Focusing on women's relationships, life-circumstances and agency, Elaine Farrell reveals the voices, emotions and decisions of incarcerated women and those affected by their imprisonment, offering an intimate insight into their experiences of the criminal justice system across urban and rural post-Famine Ireland.