Marriage and Law Reform: Lessons from the Nineteenth Century Michigan Married Women’s Property Acts

2010 ◽  
Author(s):  
Ellen Dannin
2011 ◽  
Vol 90 (2) ◽  
pp. 236-256 ◽  
Author(s):  
Annie Tindley

Despite the period after the Great Highland Famine being labelled by some historians as a period of relative prosperity for the crofting and cottar community of north-west Sutherland, poverty and occasional destitution remained the norm. This article examines the structural causes and social consequences of this recurring pattern, principally from the perspective of the owners and managers of the Sutherland estate. The views of those factors ‘on the ground’ revolved around the organisation of immediate assistance for the people, as well as a fear of a ‘dependency’ culture being the permanent result of landlord charitable aid. These views clashed with those of the estate commissioner and ducal family, who were concerned with their public image, especially in the wake of unfavourable comment on the clearances. These contrasting views were further complicated by contemporary debates about charity and Poor Law reform which, although often metropolitan in focus, had a direct impact on the Sutherland estate's response to destitution in the mid-nineteenth century.


2015 ◽  
Vol 58 (3) ◽  
pp. 757-779 ◽  
Author(s):  
PHILIP HANDLER

ABSTRACTThis article examines the criminal law reform career of James Mackintosh (1765–1832). As Recorder of Bombay (1804–11), writer and Whig MP (1813–32), Mackintosh engaged with diverse aspects of criminal law. His view of the organic relationship between law, society, and public opinion, which was shaped by his Scottish intellectual background and Foxite Whig politics, was distinct from the radical and liberal political perspectives most often associated with criminal law reform. The article traces the implications of Mackintosh's approach for the practice of politics and legislation in the period and suggests cause to revise assessments of its outcomes.


2017 ◽  
Vol 41 (2) ◽  
pp. 255-281 ◽  
Author(s):  
Catherine L. McDevitt ◽  
James R. Irwin

Shammas (1994) documented the expansion of women's wealth holding across the nineteenth-century United States, explaining it as the result of the married women's property acts (MWPAs) passed in most of states starting circa 1840. We look at the timing of the expansion of women's wealth holding, drawing on archival and published evidence from probate records. Starting with Richmond, Virginia, and its agricultural hinterland, we consider a variety of places, urban and rural, in the South and North, to suggest a general view of the eastern United States. In rough outline, while colonial women were at most one-tenth of probated wealth holders, antebellum women were at least one-fifth. Levels of women's wealth holding increased even more. The substantial narrowing of the gender wealth gap cannot be attributed to the MWPAs that followed. Perhaps those acts will explain the further narrowing of the gender wealth gap in the later nineteenth century, but that narrowing might better be understood as a continuation of previous trends. Our results remind that some legal reforms can better be understood as reflections than causes of social change.


1987 ◽  
Vol 32 (3) ◽  
pp. 250-270
Author(s):  
Gerry R. Rubin

Among the various theoretical insights which seek to explain the emergence (and, for our purposes, the amendment) of ‘social’ legislation, the interpretation advanced by Oliver MacDonagh to explain nineteenth century governmental developments is widely known. This approach, which ascribes legal changes to the ‘pressure of events’, is built upon a five-stage model, progressing from the ‘discovery’ of an ‘evil’, to its administrative solution by means of legislative enactment. MacDonagh's formulation attracted, in turn, the criticism of those students of nineteenth century government growth, who pointed to the influence of Benthamite ideas as the forcing-house of change. Latterly, John Goldthorpe has sought to place emphasis on the role of social movements in galvanising legal reforms, suggesting how different interest groups might vie with one another in a pluralistic struggle for success.


2014 ◽  
Vol 9 ◽  
pp. 213-240
Author(s):  
Mohammad Shahabuddin

AbstractThis paper dispels the myth of liberal Enlightenment in relation to penal law reforms in colonial India by advancing two sets of argument. First, the liberal project of codification on the basis of universalist notion of utilitarianism never broke with cultural hierarchy inbuilt in the very act of colonisation. In this paper, I specifically look into the emerging phenomenon of evolutionary science in the nineteenth century – social Darwinism – to explain the dominant normative, as opposed to realist, justification of such racial hierarchy in colonial discourses since the nineteenth century. Second, using Dipesh Chakrabarty’s theoretical framework, I provincialise the penal law reform project in colonial India through the examination of literature in the field, and substantiate how the notion of utilitarian universality remained vague and unpromising in face of instrumental needs on ground – both in the colony and in the metropolis. Taken together, these propositions dispel the myth of the liberal project of penal law reforms in colonial India based on this universalist position and underscore the fallacies of the transition narrative of modernity itself.


2004 ◽  
Vol 22 (3) ◽  
pp. 615-617
Author(s):  
Michael Lobban

As both James Oldham and Joshua Getzler show in their perceptive and helpful comments, much work remains to be done on the history of both the nineteenth-century Chancery and the wider law reform movement. My discussion of the inconclusive nature of the political debate about Eldon's arrears leads Oldham to ask whether the Chancellor was really overburdened and whether the appointment of the Vice Chancellor was as counterproductive as many contemporaries claimed. On the first of these issues, the data show that while Eldon was in general able to deal with the caseload before him, it was in the 1810s—when “by a series of most important decisions, [he] systematized the law of bankruptcy”—that a dramatic arrear in appeals developed (see Figure 5), which contributed to the political pressure on him in the following decade. Oldham shows from a survey of his notebooks that Eldon heard roughly fifty cases a year from 1801–13; while according to official returns, in the 1820s, he heard more than forty appeals each year. But between 1813 and 1819, the number fell to about twelve cases a year. On the second issue, the data show that the creation of a Vice Chancellor did have an impact, but a relatively modest one. Lacking the distractions of the Great Seal, he could hear more original business; and cases set down and heard in Chancery increased by about 40 percent in the decade and a half after his appointment. While the number of appeals also increased, both numerically and proportionally, they remained at manageable levels.


Sign in / Sign up

Export Citation Format

Share Document