Constructing the Family

Marriage and Work in Nineteenth-Century English Law

Inbunden, Engelska, 2022

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Beskrivning

In nineteenth-century England, legal conceptions of work and family changed in fundamental ways. Notably, significant legal moves came into play that changed the legal understanding of the family.Constructing the Family examines the evolution of the legal-discursive framework governing work and family relations. Luke Taylor considers the intersecting intellectual and institutional forces that contributed to the dissolution of the household, the establishment of separate spheres of work and family, and the emergence of modern legal and social ideas concerning work and family. He shows how specific legal-institutional moves contributed to the creation of the family’s categorical status in the social and legal order and a distinct and exceptional body of rules – Family Law – for its governance.Shedding light on the historical processes that contributed to the emergence of English Family Law, Constructing the Family shows how work and family became separate regulatory domains, and in so doing reveals the contingent nature of the modern legal family.

Produktinformation

Utgivningsdatum:2022-11-09
Mått:155 x 231 x 33 mm
Vikt:740 g
Format:Inbunden
Språk:Engelska
Antal sidor:424
Förlag:University of Toronto Press
ISBN:9781487546526

Utforska kategorier

Historia inom Historia och arkeologi

Mer om författaren

Luke Taylor is an assistant professor in the Lincoln Alexander School of Law at Toronto Metropolitan University.

Innehållsförteckning

List of Figures and TablesAcknowledgmentsIntroductionChapter 1: Ideology and Population Management A. IdeologyB. Population ManagementChapter 2: The Invention of Family Law in English Scholarly Legal ThoughtI. IntroductionII. Blackstone, Legal Science, and the Productive HouseholdA. The "private œconomical relations"B. Master and ServantC. Husband and WifeD. Blackstone and Nineteenth-Century Legal ThoughtIII. Household and Marriage in the Early Nineteenth CenturyIV. The Influence of JurisprudenceA. The Analyst: John AustinB. The Historicist: Friedrich Carl von SavignyV. The Influence of Statutory DevelopmentsA. Divorce and the Legal Character of MarriageB. Decriminalization and the Legal Character of WorkVI. Classical Legal Thought in England: Abstracting Contract and Subtracting MarriageA. Consolidating Contract by Distinguishing Marriage: Pollock and AnsonB. Translating CLT into Taxonomy: HollandVII. The Emergence of English Domestic Relations LawVIII. The Emergence of Family LawA. Cementing the Family/Work and Status/Contract Distinctions: SalmondB. Family Law and Employment Law Emerge and DivergeC. Family Law in the Textbook TraditionIX. ConclusionChapter 3: Law and the Disarticulation of Work from Family LifeI. IntroductionII. Property, Poverty, and Wage LabourA. Property: Enclosure, Households, and WorkB. Poverty: The Discipline of Work III. Wage Labour, Contract, and the Subordination of WorkersA. The Philosophical Basis of Coercion under ContractB. Punishment and PerformanceIV. ConclusionChapter 4: Women and Youth, Work and FamilyI. IntroductionII. Women, Work, and the Domestic SphereA. Paid Domestic LabourB. Unpaid Domestic LabourIII. Youth, Work, and the Paths of ApprenticeshipA. Early Modern Apprenticeship LawB. Household to Employment: The Transformation of Traditional ApprenticeshipC. Household to Family: The Transformation of Parish ApprenticeshipIV. ConclusionChapter 5: Legislating MarriageI. IntroductionII. Civilizing MarriageA. Lord Hardwicke’s ActB. Lord Lyndhurst’s ActC. Civil Marriage ActIII. Incentivizing MarriageA. Poor LawsB. Compensation Statutes IV. Stabilizing MarriageA. Divorce B. Married Women’s PropertyV. ConclusionChapter 6: The Public Importance of Marriage in English Common LawI. IntroductionII. Stretching the Bounds of Contract: The Action for Breach of Promise to Marry A. Heart Balm for Women (Only)B. "It would be indelicate to expect that she should consent in words"C. Expectations of Emotional HarmIII. The Status of Marriage in the Conflict of LawsA. Marriage, Contract, and Deference to Lex Loci CelebrationisB. Dissolution, Domicile and State ControlC. Domicile and Marital ValidityD. Dissolving the Status of MarriageIV. ConclusionConclusionMarriage, Family, and Work: Past and PresentBibliographyCasesStatutesBooks, Chapters, and ArticlesGovernment Reports and DocumentsNewspapers, Non-legal Periodicals, and BlogsParliamentary Debates