The impact of the Marriage Act of 1753 : was it really "a most cruel law for the fair sex"?
Probert, Rebecca. (2005) The impact of the Marriage Act of 1753 : was it really "a most cruel law for the fair sex"? Eighteenth-Century Studies, Vol.38 (No.2). pp. 247-262. ISSN 0013-2586Full text not available from this repository.
Official URL: http://dx.doi.org/10.1353/ecs.2005.0015
It has been argued that the Marriage Act of 1753, which put the law of marriage in England and Wales on a statutory basis, was a harsh measure that caused hardship to women, who were thereby deprived of the protection offered by the previous law. This essay challenges this view, showing that the formalities prescribed by the Act were hardly novel, and had been observed even when they were not essential to the validity of a marriage, while the protection afforded by the previous law was not as generous as has been claimed. It also argues that the courts adopted a purposive approach to the interpretation of the Act that softened its impact.
|Item Type:||Journal Article|
|Subjects:||H Social Sciences > HQ The family. Marriage. Woman
K Law > KD England and Wales
|Divisions:||Faculty of Social Sciences > School of Law|
|Library of Congress Subject Headings (LCSH):||Marriage law -- England -- History -- 18th century, Marriage law -- Wales -- History -- 18th century, Women -- Legal status, laws, etc. -- England -- History -- 18th century, Women -- Legal status, laws, etc. -- Wales -- History -- 18th century|
|Journal or Publication Title:||Eighteenth-Century Studies|
|Publisher:||The Johns Hopkins University Press|
|Page Range:||pp. 247-262|
|Access rights to Published version:||Restricted or Subscription Access|
Actions (login required)