Palgrave Modern Legal History – serie

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.

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.

This book charts the writing of the English constitution through the work of four of the most influential jurists in the history of English constitutional thought—Edmund Burke, Thomas Babington Macaulay, Walter Bagehot and Albert Venn Dicey. Stretching from the French Revolution to the death of Queen Victoria, their writing is both representative of and formative to the Victorian constitution. Ian Ward traces how constitutional writing changed over the course of the long nineteenth century, from the poetics of Burke and the romance of Macaulay, to the pragmatism of Bagehot and the jurisprudence of Dicey. A century on, our perception of the English constitution is still shaped by this contested history.

The first of two volumes, this book examines constitutionalism in Ireland in the 1930s. Donal K. Coffey places the document and its drafters in the context of a turbulent decade for the United Kingdom, the Commonwealth, and Europe. He considers a series of key issues leading up to its drafting, including the failure of the 1922 Constitution, the rise of nationalism in the 1920s and 1930s, and the abdication of Edward VIII. He sketches the drafting process, examines the roles of individual drafters and their intellectual influences, and considers the Constitution’s public reception, both domestically and internationally. This book illuminates a critical moment in Irish history and the confluence of national, Commonwealth, and international influences that gave rise to it, for scholars of Irish history as well as of legal, constitutional, and Commonwealth history more broadly.

The second of two volumes, this book situates the drafting of the Irish Constitution within broader transnational constitutional currents. Donal K. Coffey pioneers a new method of draft sequencing in order to track early influences in the drafting process and demonstrate the importance of European influences such as the German, Polish, and Portuguese Constitutions to the Irish drafts. He also analyses the role that religion played in the drafting process, and considers the new institutions of state, such as the presidency and the senate, tracing the genesis of these institutions to other continental constitutions. Together with volume I, Constitutionalism in Ireland, 1932–1938, this book argues that the 1937 Constitution is only explicable within the context of the European and international trends which inspired it.

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.

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.

​This book considers how legal history has shaped and continues to shape our shared present. Each chapter draws a clear and significant connection to a meaningful feature of our lives today. Focusing primarily on England and Australia, contributions show the diversity of approaches to legal history’s relevance to the present. Some contributors have a tight focus on legal decisions of particular importance. Others take much bigger picture overview of major changes that take centuries to register and where impact is still felt. The contributors are a mix of legal historians, practising lawyers, members of the judiciary, and legal academics, and develop analysis from a range of sources from statutes and legal treatises to television programs. Major legal personalities from Edward Marshall Hall to Sir Dudley Ryder are considered, as are landmarks in law from the Magna Carta to the Mabo Decision.

​This book considers how legal history has shaped and continues to shape our shared present. Each chapter draws a clear and significant connection to a meaningful feature of our lives today. Focusing primarily on England and Australia, contributions show the diversity of approaches to legal history’s relevance to the present. Some contributors have a tight focus on legal decisions of particular importance. Others take much bigger picture overview of major changes that take centuries to register and where impact is still felt. The contributors are a mix of legal historians, practising lawyers, members of the judiciary, and legal academics, and develop analysis from a range of sources from statutes and legal treatises to television programs. Major legal personalities from Edward Marshall Hall to Sir Dudley Ryder are considered, as are landmarks in law from the Magna Carta to the Mabo Decision.

This book examines treasure law and practice from the rise of the new science of archaeology in the early Victorian period to the present day. Drawing on largely-unexamined state records and other archives, the book covers several legal jurisdictions: England and Wales, Scotland, Ireland pre- and post-independence, and post-partition Northern Ireland. From the Mold gold cape (1833) to the Broighter hoard (1896), from Sutton Hoo (1939) to the Galloway hoard (2014), the law of treasure trove, and the Treasure Act 1996, are considered through the prism of notable archaeological discoveries, and from the perspectives of finders, landowners, archaeologists, museum professionals, collectors, the state, and the public. Literally and metaphorically, treasure law is revealed as a ground-breaking chapter in the history of the legal protection of cultural property and cultural heritage in Britain and Ireland.

This book examines treasure law and practice from the rise of the new science of archaeology in the early Victorian period to the present day. Drawing on largely-unexamined state records and other archives, the book covers several legal jurisdictions: England and Wales, Scotland, Ireland pre- and post-independence, and post-partition Northern Ireland. From the Mold gold cape (1833) to the Broighter hoard (1896), from Sutton Hoo (1939) to the Galloway hoard (2014), the law of treasure trove, and the Treasure Act 1996, are considered through the prism of notable archaeological discoveries, and from the perspectives of finders, landowners, archaeologists, museum professionals, collectors, the state, and the public. Literally and metaphorically, treasure law is revealed as a ground-breaking chapter in the history of the legal protection of cultural property and cultural heritage in Britain and Ireland.

This book deals with the role, development, and legacy of the first Constitution of independent Ireland within the wider context of the establishment of the State. After decades of relative neglect, the 1920s have been receiving increased attention from historians recently thanks to the centenary of the State’s foundation. This book continues this trend of re-examination of this period and looks at key themes, such as the establishment of institutions under the Irish Free State Constitution and the focus on the ideals of popular sovereignty and democracy. It does so from novel and cross-disciplinary perspectives, and it also looks at areas which have received little to no previous attention; from individual aspects like property rights, the Irish language and environmental rights to aspects such as opposition and partition.

This book deals with the role, development, and legacy of the first Constitution of independent Ireland within the wider context of the establishment of the State. After decades of relative neglect, the 1920s have been receiving increased attention from historians recently thanks to the centenary of the State’s foundation. This book continues this trend of re-examination of this period and looks at key themes, such as the establishment of institutions under the Irish Free State Constitution and the focus on the ideals of popular sovereignty and democracy. It does so from novel and cross-disciplinary perspectives, and it also looks at areas which have received little to no previous attention; from individual aspects like property rights, the Irish language and environmental rights to aspects such as opposition and partition.

The first of two volumes, this book examines constitutionalism in Ireland in the 1930s. Donal K. Coffey places the document and its drafters in the context of a turbulent decade for the United Kingdom, the Commonwealth, and Europe. He considers a series of key issues leading up to its drafting, including the failure of the 1922 Constitution, the rise of nationalism in the 1920s and 1930s, and the abdication of Edward VIII. He sketches the drafting process, examines the roles of individual drafters and their intellectual influences, and considers the Constitution’s public reception, both domestically and internationally. This book illuminates a critical moment in Irish history and the confluence of national, Commonwealth, and international influences that gave rise to it, for scholars of Irish history as well as of legal, constitutional, and Commonwealth history more broadly.

The second of two volumes, this book situates the drafting of the Irish Constitution within broader transnational constitutional currents. Donal K. Coffey pioneers a new method of draft sequencing in order to track early influences in the drafting process and demonstrate the importance of European influences such as the German, Polish, and Portuguese Constitutions to the Irish drafts. He also analyses the role that religion played in the drafting process, and considers the new institutions of state, such as the presidency and the senate, tracing the genesis of these institutions to other continental constitutions. Together with volume I, Constitutionalism in Ireland, 1932–1938, this book argues that the 1937 Constitution is only explicable within the context of the European and international trends which inspired it.