K.J. Kesselring's Books

Making Murder Public

Homicide in Early Modern England, 1480-1680

By: K. J. Kesselring

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Making Murder Public

Homicide in Early Modern England, 1480-1680

By: K. J. Kesselring

Homicide has a history. In early modern England, that history saw two especially notable developments: one, the emergence in the sixteenth century of a formal distinction between murder and manslaughter, made meaningful through a lighter punishment than death for the latter, and two, a significant reduction in the rates of homicides individuals perpetrated on each other. Making Murder Public explores connections between these two changes. It demonstrates the value in distinguishing between murder and manslaughter, or at least in seeing how that distinction came to matter in a period which also witnessed dramatic drops in the occurrence of homicidal violence. Focused on the 'politics of murder', Making Murder Public examines how homicide became more effectively criminalized between 1480 and 1680, with chapters devoted to coroners' inquests, appeals and private compensation, duels and private vengeance, and print and public punishment. The English had begun moving away from treating homicide as an offence subject to private settlements or vengeance long before other Europeans, at least from the twelfth century. What happened in the early modern period was, in some ways, a continuation of processes long underway, but intensified and refocused by developments from 1480 to 1680. Making Murder Public argues that homicide became fully 'public' in these years, with killings seen to violate a 'king's peace' that people increasingly conflated with or subordinated to the 'public peace' or 'public justice.

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224

Publisher

Oxford University Press

Published Date

ISBN 10

0192572598

ISBN 13

9780192572592

Making Murder Public

Homicide in Early Modern England, 1480-1680

By: K. J. Kesselring

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Making Murder Public

Homicide in Early Modern England, 1480-1680

By: K. J. Kesselring

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196

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Oxford University Press

Published Date

ISBN 10

019257258X

ISBN 13

9780192572585

Mercy and Authority in the Tudor State

By: K. J. Kesselring

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Mercy and Authority in the Tudor State

By: K. J. Kesselring

Using a wide range of legal, administrative and literary sources, this study explores the role of the royal pardon in the exercise and experience of authority in Tudor England. It examines such abstract intangibles as power, legitimacy, and the state by looking at concrete life-and-death decisions of the Tudor monarchs. Drawing upon the historiographies of law and society, political culture and state formation, mercy is used as a lens through which to examine the nature and limits of participation in the early modern polity. Contemporaries deemed mercy as both a prerogative and duty of the ruler. Public expectations of mercy imposed restraints on the sovereign's exercise of power. Yet the discretionary uses of punishment and mercy worked in tandem to mediate social relations of power in ways that most often favoured the growth of the state.

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Page Count

254

Publisher

Cambridge University Press

Published Date

ISBN 10

1139436627

ISBN 13

9781139436625

Marriage, Separation, and Divorce in England, 1500-1700

By: K. J. Kesselring,Tim Stretton

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Marriage, Separation, and Divorce in England, 1500-1700

By: K. J. Kesselring,Tim Stretton

England is well known as the only Protestant state not to introduce divorce in the sixteenth-century Reformation. Only at the end of the seventeenth century did divorce by private act of parliament become available for a select few men and only in 1857 did the Divorce Act and its creation of judicial divorces extend the possibility more broadly. Aspects of the history of divorce are well known from studies which typically privilege the records of the church courts that claimed a monopoly on marriage. But why did England alone of all Protestant jurisdictions not allow divorce with remarriage in the era of the Reformation, and how did people in failed marriages cope with this absence? One part of the answer to the first question, Kesselring and Stretton argue, and a factor that shaped people's responses to the second, lay in another distinctive aspect of English law: its common-law formulation of coverture, the umbrella term for married women's legal status and property rights. The bonds of marriage stayed tightly tied in post-Reformation England in part because marriage was as much about wealth as it was about salvation or sexuality, and English society had deeply invested in a system that subordinated a wife's identity and property to those of the man she married. To understand this dimension of divorce's history, this study looks beyond the church courts to the records of other judicial bodies, the secular courts of common law and equity, to bring fresh perspective to a history that remains relevant today.

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Page Count

210

Publisher

Oxford University Press

Published Date

ISBN 10

0192666959

ISBN 13

9780192666956

Married Women and the Law

Coverture in England and the Common Law World

By: Tim Stretton,K.J. Kesselring

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Married Women and the Law

Coverture in England and the Common Law World

By: Tim Stretton,K.J. Kesselring

Explaining the curious legal doctrine of "coverture," William Blackstone famously declared that "by marriage, husband and wife are one person at law." This "covering" of a wife's legal identity by her husband meant that the greatest subordination of women to men developed within marriage. In England and its colonies, generations of judges, legislators, and husbands invoked coverture to limit married women's rights and property, but there was no monolithic concept of coverture and their justifications shifted to fit changing times: Were husband and wife lord and subject? Master and servant? Guardian and ward? Or one person at law? The essays in Married Women and the Law offer new insights into the legal effects of marriage for women from medieval to modern times. Focusing on the years prior to the passage of the Divorce Acts and Married Women's Property Acts in the late nineteenth century, contributors examine a variety of jurisdictions in the common law world, from civil courts to ecclesiastical and criminal courts. By bringing together studies of several common law jurisdictions over a span of centuries, they show how similar legal rules persisted and developed in different environments. This volume reveals not only legal changes and the women who creatively used or subverted coverture, but also astonishing continuities. Accessibly written and coherently presented, Married Women and the Law is an important look at the persistence of one of the longest lived ideas in British legal history. Contributors include Sara M. Butler (Loyola), Marisha Caswell (Queen’s), Mary Beth Combs (Fordham), Angela Fernandez (Toronto), Margaret Hunt (Amherst), Kim Kippen (Toronto), Natasha Korda (Wesleyan), Lindsay Moore (Boston), Barbara J. Todd (Toronto), and Danaya C. Wright (Florida).

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347

Publisher

McGill-Queen's Press - MQUP

Published Date

ISBN 10

0773590145

ISBN 13

9780773590144

Mercy and Authority in the Tudor State

By: K. J. Kesselring

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Mercy and Authority in the Tudor State

By: K. J. Kesselring

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Page Count

254

Publisher

Cambridge University Press

Published Date

ISBN 10

1139436627

ISBN 13

9781139436625

Married Women and the Law

Coverture in England and the Common Law World

By: Tim Stretton,K.J. Kesselring

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Married Women and the Law

Coverture in England and the Common Law World

By: Tim Stretton,K.J. Kesselring

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347

Publisher

McGill-Queen's Press - MQUP

Published Date

ISBN 10

0773590145

ISBN 13

9780773590144

Marriage, Separation, and Divorce in England, 1500-1700

By: K. J. Kesselring,Tim Stretton

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Marriage, Separation, and Divorce in England, 1500-1700

By: K. J. Kesselring,Tim Stretton

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Solve jigsaw puzzle

Age

Page Count

210

Publisher

Oxford University Press

Published Date

ISBN 10

0192666959

ISBN 13

9780192666956

Book's by K.J. Kesselring

Making Murder Public

Making Murder Public

Making Murder Public

Making Murder Public

Mercy and Authority in the Tudor State

Mercy and Authority in the Tudor State

Marriage, Separation, and Divorce in England, 1500-1700

Marriage, Separation, and Divorce in England, 1500-1700

Married Women and the Law

Married Women and the Law

Mercy and Authority in the Tudor State

Mercy and Authority in the Tudor State

Married Women and the Law

Married Women and the Law

Marriage, Separation, and Divorce in England, 1500-1700

Marriage, Separation, and Divorce in England, 1500-1700

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