Probert, Rebecca (2007) Defining or defending marriage? An historical perspective on Hyde v Hyde. In: Staff seminar, Liverpool John Moores University, 21 March 2007 (Unpublished)

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Abstract

Why should a dictum articulated by a Victorian judge capture the legal imagination for 140 years? Lord Penzance's statement in Hyde v Hyde and Woodmansee (1866) LR 1 P&D 130 that 'Marriage as understood in Christendom, may be defined as the voluntary union for life of one man and one woman to the exclusion of all others' has become the accepted definition of marriage in this country, and the latter part forms the introduction to the civil marriage ceremony in England. But is it an accurate definition of marriage, or is it rather a defence of a traditional Christian model of marriage, which has been invoked whenever that model is under threat?

Item Type:	Conference Item (Speech)
Subjects:	D History General and Old World > DA Great Britain K Law > KD England and Wales
Divisions:	Faculty of Social Sciences > Law
Library of Congress Subject Headings (LCSH):	Marriage law -- Great Britain -- History
Date:	21 March 2007
Status:	Not Peer Reviewed
Publication Status:	Unpublished
Conference Paper Type:	Speech
Title of Event:	Staff seminar
Type of Event:	Other
Location of Event:	Liverpool John Moores University
Date(s) of Event:	21 March 2007
URI:	http://wrap.warwick.ac.uk/id/eprint/39499

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