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Spousal Rape
Marital rape or spousal rape is the act of sexual intercourse with one's spouse without the spouse's consent. The lack of consent is the essential element and need not involve physical violence. Marital rape is considered a form of domestic violence and sexual abuse. Although, historically, sexual intercourse within marriage was regarded as a right of spouses, engaging in the act without the spouse's consent is now widely classified as rape by many societies around the world, repudiated by international conventions, and increasingly criminalized. The issues of sexual and domestic violence within marriage and the family unit, and more specifically, the issue of violence against women, have come to growing international attention from the second half of the 20th century. Still, in many countries, marital rape either remains outside the criminal law, or is illegal but widely tolerated. Laws are rarely being enforced, due to factors ranging from reluctance of authorities to pursue ... [...More Info...] [...Related Items...] OR: [Wikipedia] [Google] [Baidu] |
Crime
In ordinary language, a crime is an unlawful act punishable by a State (polity), state or other authority. The term ''crime'' does not, in modern criminal law, have any simple and universally accepted definition,Farmer, Lindsay: "Crime, definitions of", in Cane and Conoghan (editors), ''The New Oxford Companion to Law'', Oxford University Press, 2008 (), p. 263Google Books). though statutory definitions have been provided for certain purposes. The most popular view is that crime is a Category of being, category created by law; in other words, something is a crime if declared as such by the relevant and applicable law. One proposed definition is that a crime or offence (or criminal offence) is an act harmful not only to some individual but also to a community, society, or the state ("a public wrong"). Such acts are forbidden and punishable by law. The notion that acts such as murder, rape, and theft are to be prohibited exists worldwide. What precisely is a criminal offence is de ... [...More Info...] [...Related Items...] OR: [Wikipedia] [Google] [Baidu] |
Customary Law
A legal custom is the established pattern of behavior that can be objectively verified within a particular social setting. A claim can be carried out in defense of "what has always been done and accepted by law". Customary law (also, consuetudinary or unofficial law) exists where: #a certain legal practice is observed and #the relevant actors consider it to be an opinion of law or necessity (''opinio juris''). Most customary laws deal with ''standards of the community'' that have been long-established in a given locale. However, the term can also apply to areas of international law where certain standards have been nearly universal in their acceptance as correct bases of action – for example, laws against piracy or slavery (see ''hostis humani generis''). In many, though not all instances, customary laws will have supportive court rulings and case law that have evolved over time to give additional weight to their rule as law and also to demonstrate the trajectory of evolut ... [...More Info...] [...Related Items...] OR: [Wikipedia] [Google] [Baidu] |
Bride Price
Bride price, bride-dowry (Mahr in Islam), bride-wealth, or bride token, is money, property, or other form of wealth paid by a groom or his family to the woman or the family of the woman he will be married to or is just about to marry. Bride dowry is equivalent to dowry paid to the groom in some cultures, or used by the bride to help establish the new household, and dower, which is property settled on the bride herself by the groom at the time of marriage. Some cultures may practice both simultaneously. Many cultures practiced bride dowry prior to existing records. The tradition of giving bride dowry is practised in many Asian countries, the Middle East, parts of Africa and in some Pacific Island societies, notably those in Melanesia. The amount changing hands may range from a token to continue the traditional ritual, to many thousands of US dollars in some marriages in Thailand, and as much as a $100,000 in exceptionally large bride dowry in parts of Papua New Guinea where br ... [...More Info...] [...Related Items...] OR: [Wikipedia] [Google] [Baidu] |
Forced Marriage
Forced marriage is a marriage in which one or more of the parties is married without their consent or against their will. A marriage can also become a forced marriage even if both parties enter with full consent if one or both are later forced to stay in the marriage against their will. A forced marriage differs from an arranged marriage, in which both parties presumably consent to the assistance of their parents or a third party such as a matchmaker in finding and choosing a spouse. There is often a continuum of coercion used to compel a marriage, ranging from outright physical violence to subtle psychological pressure. Though now widely condemned by international opinion, forced marriages still take place in various cultures across the world, particularly in parts of South Asia and Africa. Some scholars object to use of the term "forced marriage" because it invokes the consensual legitimating language of marriage (such as husband/wife) for an experience that is precisely ... [...More Info...] [...Related Items...] OR: [Wikipedia] [Google] [Baidu] |
Arranged Marriage
Arranged marriage is a type of marital union where the bride and groom are primarily selected by individuals other than the couple themselves, particularly by family members such as the parents. In some cultures a professional matchmaker may be used to find a spouse for a young person. Arranged marriages have historically been prominent in many cultures. The practice remains common in many regions, notably South Asia, the Middle East, North Africa, and the Caucasus. In many other parts of the world, the practice has declined substantially during the 19th and 20th centuries. Forced marriages, practiced in some families, are condemned by the United Nations. The specific sub-category of forced child marriage is especially condemned. In other cultures, people mostly choose their own partner. History Arranged marriages were very common throughout the world until the 18th century. Typically, marriages were arranged by parents, grandparents or other close relatives and trusted friends. ... [...More Info...] [...Related Items...] OR: [Wikipedia] [Google] [Baidu] |
Adultery
Adultery (from Latin ''adulterium'') is extramarital sex that is considered objectionable on social, religious, moral, or legal grounds. Although the sexual activities that constitute adultery vary, as well as the social, religious, and legal consequences, the concept exists in many cultures and is similar in Christianity, Judaism and Islam. Adultery is viewed by many jurisdictions as offensive to public morals, undermining the marriage relationship. Historically, many cultures considered adultery a very serious crime, some subject to severe punishment, usually for the woman and sometimes for the man, with penalties including capital punishment, mutilation, or torture. Such punishments have gradually fallen into disfavor, especially in Western countries from the 19th century. In countries where adultery is still a criminal offense, punishments range from fines to caning and even capital punishment. Since the 20th century, criminal laws against adultery have become controversi ... [...More Info...] [...Related Items...] OR: [Wikipedia] [Google] [Baidu] |
Colonialism
Colonialism is a practice or policy of control by one people or power over other people or areas, often by establishing colonies and generally with the aim of economic dominance. In the process of colonisation, colonisers may impose their religion, language, economics, and other cultural practices. The foreign administrators rule the territory in pursuit of their interests, seeking to benefit from the colonised region's people and resources. It is associated with but distinct from imperialism. Though colonialism has existed since ancient times, the concept is most strongly associated with the European colonial period starting with the 15th century when some European states established colonising empires. At first, European colonising countries followed policies of mercantilism, aiming to strengthen the home-country economy, so agreements usually restricted the colony to trading only with the metropole (mother country). By the mid-19th century, the British Empire gave up me ... [...More Info...] [...Related Items...] OR: [Wikipedia] [Google] [Baidu] |
Coverture
Coverture (sometimes spelled couverture) was a legal doctrine in the English common law in which a married woman's legal existence was considered to be merged with that of her husband, so that she had no independent legal existence of her own. Upon marriage, coverture provided that a woman became a , whose legal rights and obligations were mostly subsumed by those of her husband. An unmarried woman, or , had the right to own property and make contracts in her own name. Coverture was well established in the common law for several centuries and was inherited by many other common law jurisdictions, including the United States. According to historian Arianne Chernock, coverture did not apply in Scotland, but whether it applied in Wales is unclear. After the rise of the women's rights movement in the mid-19th century, coverture was increasingly criticised as oppressive, hindering women from exercising ordinary property rights and entering professions. Coverture was first substantia ... [...More Info...] [...Related Items...] OR: [Wikipedia] [Google] [Baidu] |
English Law
English law is the common law legal system of England and Wales, comprising mainly criminal law and civil law, each branch having its own courts and procedures. Principal elements of English law Although the common law has, historically, been the foundation and prime source of English law, the most authoritative law is statutory legislation, which comprises Acts of Parliament, regulations and by-laws. In the absence of any statutory law, the common law with its principle of '' stare decisis'' forms the residual source of law, based on judicial decisions, custom, and usage. Common law is made by sitting judges who apply both statutory law and established principles which are derived from the reasoning from earlier decisions. Equity is the other historic source of judge-made law. Common law can be amended or repealed by Parliament. Not being a civil law system, it has no comprehensive codification. However, most of its criminal law has been codified from its common la ... [...More Info...] [...Related Items...] OR: [Wikipedia] [Google] [Baidu] |
History Of The Pleas Of The Crown
History (derived ) is the systematic study and the documentation of the human activity. The time period of event before the History of writing#Inventions of writing, invention of writing systems is considered prehistory. "History" is an umbrella term comprising past events as well as the memory, discovery, collection, organization, presentation, and interpretation of these events. Historians seek knowledge of the past using historical sources such as written documents, oral accounts, art and material artifacts, and ecological markers. History is not complete and still has debatable mysteries. History is also an Discipline (academia), academic discipline which uses narrative to describe, examine, question, and analyze past events, and investigate their patterns of cause and effect. Historians often debate which narrative best explains an event, as well as the significance of different causes and effects. Historians also debate the historiography, nature of history as an end in ... [...More Info...] [...Related Items...] OR: [Wikipedia] [Google] [Baidu] |
Sir Matthew Hale
Sir Matthew Hale (1 November 1609 – 25 December 1676) was an influential English barrister, judge and jurist most noted for his treatise ''Historia Placitorum Coronæ'', or ''The History of the Pleas of the Crown''. Born to a barrister and his wife, who had both died by the time he was 5, Hale was raised by his father's relative, a strict Puritan, and inherited his faith. In 1626 he matriculated at Magdalen Hall, Oxford (now Hertford College), intending to become a priest, but after a series of distractions was persuaded to become a barrister like his father, thanks to an encounter with a Serjeant-at-Law in a dispute over his estate. On 8 November 1628, he joined Lincoln's Inn, where he was called to the Bar on 17 May 1636. As a barrister, Hale represented a variety of Royalist figures during the prelude and duration of the English Civil War, including Thomas Wentworth and William Laud; it has been hypothesised that Hale was to represent Charles I at his state trial, and con ... [...More Info...] [...Related Items...] OR: [Wikipedia] [Google] [Baidu] |
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