HIST277 Lecture Notes - English Criminal Law, Domestic Violence, Inheritance
11 Nov 2013
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Document Summary
European law and legal practice in the north american colonies, 1600-1800. Criminal law means of social control. Establishment of court system including rural areas by 1774. Significant deviation from english law on capital offences. Treasons and felonies act replaces english law: studies show there"s reluctance to convict to a capital offence leading to execution if jury are the people of the community, rejection of using death penalty for social control. 1758: act concerning marriages and divorce : provided for divorce on grounds of adultery, cruelty, impotence, bigamy, consanguinity within prohibited degrees, n. s. omits cruelty (under certain circumstances) Not against the law for spousal abuse, however, there"s a line suggesting unacceptable violence: adultery is a criminal offence in n. s. Colonial conditions and culture: if marriages aren"t functioning properly, it may be dissolved to form new marriages that do contribute to family stability, independence and rebellious spirit against mother country. Desire to govern themselves in extensive ways different.
