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Medievalists.net » Kin and the Courts: Testimony of Kinship in Lawsuits of Angevin England
Posted By Peter Konieczny on April 14, 2009
By Nathaniel L. Taylor
Haskins Society Journal, Vol. 15 (2005)
Synopsis: In the secular and ecclesiastical courts of Angevin England one finds, for the first time anywhere in Western Europe, genealogical narrative expressed within an increasingly formalized framework of judicial testimoney. In reviewing the variety of cases and proceedings from the era, one can discern three broard categories of lawsuit which hinge on genealogical testimony: marriage litigation, suits involving the inheritance of property, and suits challenging the inherited legal status of villeins. The present paper is limited to a review of the two more clearly defined types of litigation: marriage and villeinage. This preliminary qualitative study is based on a small sample of published cases from the Curia Regis Rolls in the regin of King John (for suits involving villeinage) and from the Select Please of the Court of Canterbury covering the whole thirteenth century (for marriage litigation), with additional reference to comparative material from other sources. After reviewing each type of case in turn, we will suggest common and divergent elements and note questions and directions for future research.
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Showing posts with label Legal Kinship. Show all posts
Showing posts with label Legal Kinship. Show all posts
27 December 2008
SEX AND SOCIETY: AMERICAN LAW
SEX AND SOCIETY: AMERICAN LAW | Onlinepharmanews. Health News
Excerpt:
The bond of marriage is defined by the law and allows the legal reproduction of people in the form of the family. David Schneider, in his study of American kinship as a cultural system, has identified sexual intercourse as the key symbol of American kinship. This is so, in that sexual intercourse combines the two aspects of kinship as it is understood by Americans: "blood" (or substance) and code-for-conduct or law. Through intercourse, the archtypic relation in law, marriage, is expressed and relations in "blood" (child/parent) are created. The duality of relations in blood (or substance) and in code-for-conduct or law is predicated upon more general notions of nature and culture, respectively. In this frame, relations in law include not only those which are the explicit content of legislation but also relations based in lawlike, ordered sets of interactions. Schneider suggests that in American culture a similar structure of relations in "blood" or substance and relations in law underlies the cultural construction of nationality and religion as well as of kinship.
Excerpt:
The bond of marriage is defined by the law and allows the legal reproduction of people in the form of the family. David Schneider, in his study of American kinship as a cultural system, has identified sexual intercourse as the key symbol of American kinship. This is so, in that sexual intercourse combines the two aspects of kinship as it is understood by Americans: "blood" (or substance) and code-for-conduct or law. Through intercourse, the archtypic relation in law, marriage, is expressed and relations in "blood" (child/parent) are created. The duality of relations in blood (or substance) and in code-for-conduct or law is predicated upon more general notions of nature and culture, respectively. In this frame, relations in law include not only those which are the explicit content of legislation but also relations based in lawlike, ordered sets of interactions. Schneider suggests that in American culture a similar structure of relations in "blood" or substance and relations in law underlies the cultural construction of nationality and religion as well as of kinship.
25 July 2008
Twin Sisters "Team," Have Triplets
Twin Sisters "Team," Have Triplets, Husband Of One Of The Sisters Fertilized Eggs; One Sister Has Twins, The Other A Girl
CBS News: COLUMBIA, Mo., July 22, 2008; online from www.cbsnews.com, July 25, 2008.
If you think genealogical research on your pre-21st-century ancestors is complicated , just think how difficult researchers of the future are are going to find it! Triplets--biological triplets from the same biological mother and the same biological mother, but born six weeks apart from different uteri.
"'They're from the same batch of eggs, same batch of sperm, and so they are considered triplets -- they just have different birthdays,' Darla [the biological mother] continued," even though her sister acted as a surrogate "mother" for the fertilized eggs produced by Darla and her husband. Confused yet?
Darla and her husband will have to legally adopt the third triplet.
Read the entire link for the complete picture (if you can wrap your brain around it).
CBS News: COLUMBIA, Mo., July 22, 2008; online from www.cbsnews.com, July 25, 2008.
If you think genealogical research on your pre-21st-century ancestors is complicated , just think how difficult researchers of the future are are going to find it! Triplets--biological triplets from the same biological mother and the same biological mother, but born six weeks apart from different uteri.
"'They're from the same batch of eggs, same batch of sperm, and so they are considered triplets -- they just have different birthdays,' Darla [the biological mother] continued," even though her sister acted as a surrogate "mother" for the fertilized eggs produced by Darla and her husband. Confused yet?
Darla and her husband will have to legally adopt the third triplet.
Read the entire link for the complete picture (if you can wrap your brain around it).
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