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The book explores the rise of civil divorce in Victorian England,
the subsequent operation of a fault system of divorce based solely
on the ground of adultery, and the eventual piecemeal repeal of the
Victorian-era divorce law during the Interwar years. The legal
history of the Matrimonial Causes Act 1857 is at the heart of the
book. The Act had a transformative impact on English law and
society by introducing a secular judicial system of civil divorce.
This swept aside the old system of divorce that was only obtainable
from the House of Lords and inadvertently led to the creation of
the modern family justice system. The book argues that only through
understanding the legal doctrine in its wider cultural, political,
religious, and social context is it possible to fully analyse and
assess the changes brought about by the Act. The major developments
included the end of any pretence of the indissolubility of
marriage, the statutory enshrinement of a double standard based on
gender in the grounds for divorce, and the growth of divorce across
all spectrums of English society. The Act was a product of
political and legal compromise between conservative forces
resisting the legal introduction of civil divorce and the
reformers, who demanded married women receive equal access to the
grounds of divorce. Changing attitudes towards divorce that began
in the Edwardian period led to a gradual rejection of Victorian
moral values and the repeal of the Act after 80 years of existence
in the Interwar years. The book will be a valuable resource for
academics and researchers with an interest in legal history, family
law, and Victorian studies.
The book explores the rise of civil divorce in Victorian England,
the subsequent operation of a fault system of divorce based solely
on the ground of adultery, and the eventual piecemeal repeal of the
Victorian-era divorce law during the Interwar years. The legal
history of the Matrimonial Causes Act 1857 is at the heart of the
book. The Act had a transformative impact on English law and
society by introducing a secular judicial system of civil divorce.
This swept aside the old system of divorce that was only obtainable
from the House of Lords and inadvertently led to the creation of
the modern family justice system. The book argues that only through
understanding the legal doctrine in its wider cultural, political,
religious, and social context is it possible to fully analyse and
assess the changes brought about by the Act. The major developments
included the end of any pretence of the indissolubility of
marriage, the statutory enshrinement of a double standard based on
gender in the grounds for divorce, and the growth of divorce across
all spectrums of English society. The Act was a product of
political and legal compromise between conservative forces
resisting the legal introduction of civil divorce and the
reformers, who demanded married women receive equal access to the
grounds of divorce. Changing attitudes towards divorce that began
in the Edwardian period led to a gradual rejection of Victorian
moral values and the repeal of the Act after 80 years of existence
in the Interwar years. The book will be a valuable resource for
academics and researchers with an interest in legal history, family
law, and Victorian studies.
This book provides a comprehensive analysis of the teaching of an
eclectic range of family law topics and the unique opportunities
and challenges of teaching family law in different jurisdictions
from a varied international perspective. Written by leading legal
scholars, the book addresses a gap in the scholarship to
comprehensively and systematically analyse the teaching of family
law. The first part of the book explores ways of teaching the
varied range of topics under the heading of family law and captures
the diverse approaches to the discipline. Chapters illustrate how
the subject can be best taught in an interdisciplinary way that
considers feminist perspectives and the philosophy of teaching,
while encompassing legal positivism, empirical research and
critical legal theory. The second part of the book examines
teaching in different jurisdictions and illustrates policy and
practice in Australia, New Zealand, the United States, Canada, the
United Kingdom, Hong Kong and South Africa. Showcasing examples of
best practice of teaching family law, the book will be an essential
reading for legal scholars, as well as researchers and postgraduate
students in the fields of family law and legal education.
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