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Adultery In English Law
The history of adultery in English law is a complex topic, including changing understandings of what sexual acts constituted adultery (whereby they sometimes overlap with abduction and rape), unequal treatment of men and women under the law, and competing jurisdictions of secular and ecclesiastical authorities. Prosecution for adultery as such ceased to be possible in English law in 1970. Early medieval England Prior to the unification of England in the tenth century, various forms of adultery were punishable in laws codified by Anglo-Saxon kings.Jeremy D. Weinstein"Adultery, Law, and the State: A History" ''Hastings Law Journal'', 38.1 (1986), 195–238. These laws defined adultery in terms of damage to men's property, since women were to be under the control of male relatives or, after marriage, their husbands. Compensation payments were linked, as in many other kinds of crime, to the social rank of the offended man, and the laws do not indicate a religious dimension to the con ... [...More Info...] [...Related Items...] OR: [Wikipedia] [Google] [Baidu] |
Adultery
Adultery is extramarital sex that is considered objectionable on social, religious, moral, or legal grounds. Although the sexual activities that constitute adultery vary, as well as the social, religious, and legal consequences, the concept exists in many cultures and shares some similarities in Judaism, Christianity and Islam. Adultery is viewed by many jurisdictions as offensive to public morals, undermining the marriage relationship. Historically, many cultures considered adultery a very serious crime, some subject to severe punishment, usually for the woman and sometimes for the man, with penalties including capital punishment, mutilation, or torture. Such punishments have gradually fallen into disfavor, especially in Western countries from the 19th century. In countries where adultery is still a criminal offense, punishments range from fines to caning and even capital punishment. Since the 20th century, criminal laws against adultery have become controversial, with m ... [...More Info...] [...Related Items...] OR: [Wikipedia] [Google] [Baidu] |
Common Law
Common law (also known as judicial precedent, judge-made law, or case law) is the body of law primarily developed through judicial decisions rather than statutes. Although common law may incorporate certain statutes, it is largely based on precedent—judicial rulings made in previous similar cases. The presiding judge determines which precedents to apply in deciding each new case. Common law is deeply rooted in Precedent, ''stare decisis'' ("to stand by things decided"), where courts follow precedents established by previous decisions. When a similar case has been resolved, courts typically align their reasoning with the precedent set in that decision. However, in a "case of first impression" with no precedent or clear legislative guidance, judges are empowered to resolve the issue and establish new precedent. The common law, so named because it was common to all the king's courts across England, originated in the practices of the courts of the English kings in the centuries fo ... [...More Info...] [...Related Items...] OR: [Wikipedia] [Google] [Baidu] |
Ecclesiastical Court
In organized Christianity, an ecclesiastical court, also called court Christian or court spiritual, is any of certain non-adversarial courts conducted by church-approved officials having jurisdiction mainly in spiritual or religious matters. Historically, they interpret or apply canon law. One of its primary bases was the of Justinian, which is also considered the source of the civil law legal tradition. In the United Kingdom, secular courts that took over the functions of the ecclesiastic courts, e.g. in family law, are still known as ''courts ecclesiastical'' as distinct from ''courts temporal''. Medieval courts In the Middle Ages, ecclesiastical courts had much wider powers in many areas of Europe than they did after the development of nation states. They held jurisdiction over not only religious matters, but also family law, equitable relief, probate, and cases involving priests, religious communities, or public heretics. Secular courts in medieval times were numerous and d ... [...More Info...] [...Related Items...] OR: [Wikipedia] [Google] [Baidu] |
Divorce In England And Wales
In England and Wales, divorce is allowed under the Divorce, Dissolution and Separation Act 2020 on the ground that the marriage has irretrievably broken down without having to prove fault or separation. Civil remarriage is allowed. Religions and denominations differ on whether they permit religious remarriage. A divorce in England and Wales is only possible for marriages of more than one year and when the marriage has irretrievably broken down. Following reform in 2022, it is no longer possible to defend a divorce. A decree of divorce is initially granted conditionally, before it is made final after a period of at least six weeks. History Historically, divorce was not administered as such by the barristers who practised in the common law courts but by the "advocates" and "proctors" who practised civil law from Doctors' Commons, adding to the obscurity of the proceedings.Squibb (1977) ''pp'' 104–105. Divorce was '' de facto'' restricted to the very wealthy as it demanded e ... [...More Info...] [...Related Items...] OR: [Wikipedia] [Google] [Baidu] |
Law Reform (Miscellaneous Provisions) Act 1970
Law is a set of rules that are created and are enforceable by social or governmental institutions to regulate behavior, with its precise definition a matter of longstanding debate. It has been variously described as a science and as the art of justice. State-enforced laws can be made by a legislature, resulting in statutes; by the executive through decrees and regulations; or by judges' decisions, which form precedent in common law jurisdictions. An autocrat may exercise those functions within their realm. The creation of laws themselves may be influenced by a constitution, written or tacit, and the rights encoded therein. The law shapes politics, economics, history and society in various ways and also serves as a mediator of relations between people. Legal systems vary between jurisdictions, with their differences analysed in comparative law. In civil law jurisdictions, a legislature or other central body codifies and consolidates the law. In common law systems, judges ma ... [...More Info...] [...Related Items...] OR: [Wikipedia] [Google] [Baidu] |
Criminal Conversation
At common law, criminal conversation, often abbreviated as ''crim. con.'', is a tort arising from adultery. "Conversation" is an old euphemism for sexual intercourse that is obsolete except as part of this term. It is similar to breach of promise, a tort involving a broken engagement against the betrothed, and alienation of affections, a tort action brought by a spouse against a third party, who interfered with the marriage relationship. These torts have been abolished in most jurisdictions. The tort of criminal conversation was abolished in England and Wales in 1857; in Northern Ireland in 1939; in Australia in 1975; and in the Republic of Ireland in 1981. Prior to its abolition, a husband could sue any man who had intercourse with his wife, regardless of whether she consented – unless the couple was already separated, in which case the husband could only sue if the separation was caused by the person he was suing. Criminal conversation still exists in parts of the Unite ... [...More Info...] [...Related Items...] OR: [Wikipedia] [Google] [Baidu] |
Tort Law
A tort is a civil wrong, other than breach of contract, that causes a claimant to suffer loss or harm, resulting in legal liability for the person who commits the tortious act. Tort law can be contrasted with criminal law, which deals with crime, criminal wrongs that are punishable by the state. While criminal law aims to punish individuals who commit crimes, tort law aims to compensate individuals who suffer harm as a result of the actions of others. Some wrongful acts, such as assault and Battery (crime), battery, can result in both a civil lawsuit and a criminal prosecution in countries where the civil and criminal legal systems are separate. Tort law may also be contrasted with contract law, which provides civil remedies after breach of a duty that arises from a contract. Obligations in both tort and criminal law are more fundamental and are imposed regardless of whether the parties have a contract. While tort law in civil law (legal system), civil law jurisdictions largely d ... [...More Info...] [...Related Items...] OR: [Wikipedia] [Google] [Baidu] |
Civil Law (common Law)
Civil law is a major "branch of the law", in common law legal systems such as those in England and Wales and in the United States, where it stands in contrast to criminal law. Glanville Williams. '' Learning the Law''. Eleventh Edition. Stevens. 1982. p. 2.W J Stewart and Robert Burgess. ''Collins Dictionary of Law''. HarperCollins Publishers. 1996. . Page 68. Definition 4 of "civil law". Private law, which relates to civil wrongs and quasi-contracts, is part of civil law, as is contract law and law of property (excluding property-related crimes, such as theft or vandalism). Civil law may, like criminal law, be divided into substantive law and procedural law. The rights and duties of persons ( natural persons and legal persons) amongst themselves is the primary concern of civil law. The common law is today as fertile a source for theoretical inquiry as it has ever been. Around the English-speaking world, many scholars of law, philosophy, politics, and history study the t ... [...More Info...] [...Related Items...] OR: [Wikipedia] [Google] [Baidu] |
Loss Of Consortium
Loss of consortium is a term used in the law of torts that refers to the deprivation of the benefits of a family relationship due to injuries caused by a tortfeasor. In this context, the word ''consortium'' means "(the right of) association and fellowship between two married people". Damages may be claimed under three theories: incurred medical costs or those yet to be incurred by the plaintiff, the loss of an injured spouse's services, and loss of society (within certain parameters). The common law rule of consortium has been amended or abolished by statute in many jurisdictions. The availability of loss of consortium differs drastically among common law jurisdictions and does not exist at all in several of them. Damages for loss of consortium are considered separately from, and are not to be confused with compensatory damages. Terminology and theory The action was originally expressed in the Latin phrase "per quod servitium et consortium amisit" ("in consequence of which he lo ... [...More Info...] [...Related Items...] OR: [Wikipedia] [Google] [Baidu] |
Stuart Restoration
The Stuart Restoration was the reinstatement in May 1660 of the Stuart monarchy in Kingdom of England, England, Kingdom of Scotland, Scotland, and Kingdom of Ireland, Ireland. It replaced the Commonwealth of England, established in January 1649 after the execution of Charles I, with his son Charles II of England, Charles II. The Commonwealth of England had been governed by Lord Protector Oliver Cromwell and then his son Richard Cromwell. The term is also used to describe the reign of Charles II (1660–1685), and sometimes that of his younger brother King James II, James II (1685–1688). The Protectorate After Richard Cromwell, Lord Protector from 1658 to 1659, ceded power to the Rump Parliament, Charles Fleetwood and John Lambert (general), John Lambert then dominated government for a year. On 20 October 1659, George Monck, the governor of Scotland under the Cromwells, marched south with his army from Scotland to oppose Fleetwood and Lambert. Lambert's a ... [...More Info...] [...Related Items...] OR: [Wikipedia] [Google] [Baidu] |
Fornication
Fornication generally refers to consensual sexual intercourse between two people who are not married to each other. When a married person has consensual sexual relations with one or more partners whom they are not married to, it is called adultery. John Calvin viewed adultery to be a sexual act that is considered outside of the divine model for sexual intercourse between married individuals, which includes fornication. For many people, the term carries an overtone of moral or religious disapproval, but the significance of sexual acts to which the term is applied varies between religions, societies, and cultures. In modern usage, the term is often replaced with more judgment-neutral terms like premarital sex, extramarital sex, or recreational sex. Etymology and usage In the original Greek version of the New Testament, the term ''porneia'' (πορνεία – " prostitution") is used 25 times (including variants such as the genitive πορνείας). In the late 4th ... [...More Info...] [...Related Items...] OR: [Wikipedia] [Google] [Baidu] |
Commonwealth (Adultery) Act
The Commonwealth (Adultery) Act of May 1650 ("An Act for suppressing the detestable sins of Incest, Adultery and Fornication") was an act of the English Rump Parliament. It imposed the death penalty for incest, and for adultery, that was defined as sexual intercourse between a married woman and a man other than her husband. Both partners would be liable for death sentence in such a case, although the courts were reluctant to impose the ultimate penalty. If a man (married or unmarried) had sex with an unmarried woman (including a widow), that would be fornication, punishable only by three months for first offenders, applicable to both partners. It did not apply to women whose husbands were absent for more than three years and not known to be living. Like other legislation passed by the Commonwealth of England, the act was repealed following the Restoration of the Monarchy in 1660. In the history of adultery in English law The history of adultery in English law is a complex topic, inc ... [...More Info...] [...Related Items...] OR: [Wikipedia] [Google] [Baidu] |
