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Books > Law > Jurisprudence & general issues > Legal history
The Marriage Act 1836 established the foundations of modern
marriage law, allowing couples to marry in register offices and
non-Anglican places of worship for the first time. Rebecca Probert
draws on an exceptionally wide range of primary sources to provide
the first detailed examination of marriage legislation, social
practice, and their mutual interplay, from 1836 through to the
unanticipated demands of the 2020 coronavirus pandemic. She
analyses how and why the law has evolved, closely interrogating the
parliamentary and societal debates behind legislation. She
demonstrates how people have chosen to marry and how those choices
have changed, and evaluates how far the law has been help or
hindrance in enabling couples to marry in ways that reflect their
beliefs, be they religious or secular. In an era of individual
choice and multiculturalism, Tying the Knot sign posts possible
ways in which future legislators might avoid the pitfalls of the
past.
This book is based on an international project conducted by the
Institute for European Studies of the University CEU San Pablo in
Madrid and a seminar on Vitoria and International Law which took
place on July 2nd 2015 in the convent of San Esteban, the place
where Vitoria spent his most productive years as Chair of Theology
at the University of Salamanca. It argues that Vitoria not only
lived at a time bridging the Middle Ages and Modernity, but also
that his thoughts went beyond the times he lived in, giving us
inspiration for meeting current challenges that could also be
described as "modern" or even post-modern. There has been renewed
interest in Francisco de Vitoria in the last few years, and he is
now at the centre of a debate on such central international topics
as political modernity, colonialism, the discovery of the "Other"
and the legitimation of military interventions. All these subjects
include Vitoria's contributions to the formation of the idea of
modernity and modern international law. The book explores two
concepts of modernity: one referring to the post-medieval ages and
the other to our times. It discusses the connections between the
challenges that the New World posed for XVIth century thinkers and
those that we are currently facing, for example those related to
the cyberworld. It also addresses the idea of international law and
the legitimation of the use of force, two concepts that are at the
core of Vitoria's texts, in the context of "modern" problems
related to a multipolar world and the war against terrorism. This
is not a historical book on Vitoria, but a very current one that
argues the value of Vitoria's reflections for contemporary issues
of international law.
This book is the first study of the development and decolonization
of a British colonial high court in Africa. It traces the history
of the High Court of Tanzania from its establishment in 1920 to the
end of its institutional process of decolonization in 1971. This
process involved disentangling the High Court from colonial state
structures and imperial systems that were built on racial
inequality while simultaneously increasing the independence of the
judiciary and application of British judicial principles. Feingold
weaves together the rich history of the Court with a discussion of
its judges - both as members of the British Colonial Legal Service
and as individuals - to explore the impacts and intersections of
imperial policies, national politics, and individual initiative.
Colonial Justice and Decolonization in the High Court of Tanzania
is a powerful reminder of the crucial roles played by common law
courts in the operation and legitimization of both colonial and
post-colonial states.
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