Description
Book SynopsisThis book traces the dissolution of the household and the construction of the family in English law and legal thought in the long nineteenth century.
Table of ContentsList of Figures and Tables Acknowledgments Introduction Chapter 1: Ideology and Population Management A. Ideology B. Population Management Chapter 2: The Invention of Family Law in English Scholarly Legal Thought I. Introduction II. Blackstone, Legal Science, and the Productive Household A. The “private œconomical relations” B. Master and Servant C. Husband and Wife D. Blackstone and Nineteenth-Century Legal Thought III. Household and Marriage in the Early Nineteenth Century IV. The Influence of Jurisprudence A. The Analyst: John Austin B. The Historicist: Friedrich Carl von Savigny V. The Influence of Statutory Developments A. Divorce and the Legal Character of Marriage B. Decriminalization and the Legal Character of Work VI. Classical Legal Thought in England: Abstracting Contract and Subtracting Marriage A. Consolidating Contract by Distinguishing Marriage: Pollock and Anson B. Translating CLT into Taxonomy: Holland VII. The Emergence of English Domestic Relations Law VIII. The Emergence of Family Law A. Cementing the Family/Work and Status/Contract Distinctions: Salmond B. Family Law and Employment Law Emerge and Diverge C. Family Law in the Textbook Tradition IX. Conclusion Chapter 3: Law and the Disarticulation of Work from Family Life I. Introduction II. Property, Poverty, and Wage Labour A. Property: Enclosure, Households, and Work B. Poverty: The Discipline of Work III. Wage Labour, Contract, and the Subordination of Workers A. The Philosophical Basis of Coercion under Contract B. Punishment and Performance IV. Conclusion Chapter 4: Women and Youth, Work and Family I. Introduction II. Women, Work, and the Domestic Sphere A. Paid Domestic Labour B. Unpaid Domestic Labour III. Youth, Work, and the Paths of Apprenticeship A. Early Modern Apprenticeship Law B. Household to Employment: The Transformation of Traditional Apprenticeship C. Household to Family: The Transformation of Parish Apprenticeship IV. Conclusion Chapter 5: Legislating Marriage I. Introduction II. Civilizing Marriage A. Lord Hardwicke’s Act B. Lord Lyndhurst’s Act C. Civil Marriage Act III. Incentivizing Marriage A. Poor Laws B. Compensation Statutes IV. Stabilizing Marriage A. Divorce B. Married Women’s Property V. Conclusion Chapter 6: The Public Importance of Marriage in English Common Law I. Introduction II. Stretching the Bounds of Contract: The Action for Breach of Promise to Marry A. Heart Balm for Women (Only) B. “It would be indelicate to expect that she should consent in words” C. Expectations of Emotional Harm III. The Status of Marriage in the Conflict of Laws A. Marriage, Contract, and Deference to Lex Loci Celebrationis B. Dissolution, Domicile and State Control C. Domicile and Marital Validity D. Dissolving the Status of Marriage IV. Conclusion Conclusion Marriage, Family, and Work: Past and Present Bibliography Cases Statutes Books, Chapters, and Articles Government Reports and Documents Newspapers, Non-legal Periodicals, and Blogs Parliamentary Debates
