Adjustment and Integration: The Scottish Representation in the British House of Commons, 1707–14*

The small minority of Scots who entered the house of commons in 1707 were slow to make their mark. Besides lack of numbers, they suffered several significant disadvantages. The Westminster scene was strange, and the style and tone of debate more vigorous and informal. Moreover, the aristocracy had dominated the unicameral Scottish parliament, and commoners found it difficult to emancipate themselves from noble tutelage. Most importantly, Scottish politics did not yet reflect the two‐party system dominant in England. Thus in the first sessions the Scots were unable to make headway in the essential business of parliament, legislation. Scotland suffered in comparison with the English provinces, and even the Irish, who were able to muster a more effective lobby. Soon, however, a new generation of debaters appeared, able to use their wit to discomfit English antagonists, and a new class of ‘men of business’ who grasped the rules of the legislative game. The fortuitous deaths of leading magnates and the polarisation of sectarian antagonisms in Scotland permitted the coalescence of the Scottish representation into two broad factions allied with the English parties. It was with English tory support that bills were passed to benefit the sectional concerns of Scottish episcopalians, accompanied by other measures of a more general nature. The combined attempt by Scottish peers and MPs in 1713 to secure the repeal of the union does not point to a lasting breakdown in Anglo‐Scottish relations, since it was also a manifestation of political opportunism by English whigs and discontented tories, and their Scottish allies. But the dawn of a party system in Scotland was dispelled by the death of Queen Anne and the ensuing jacobite rebellion. The complicity of tories in the Fifteen resulted in the destruction of the party in Scotland, and the construction of a whig hegemony.     

Sister-in-Law Marriage in the Empire: Religious Politics and Legislative Reform in the Australian Colonies 1850–1900

In 1835, a statute was passed in the parliament of the United Kingdom making it illegal for a widowed man to marry his sister-in-law. 1 Lord Lyndhurst's Act (1835) 5 & 6 Will VI c. 54. Marriage to a sister-in-law after a wife's death was common practice in nineteenth-century England and colonial Australia and aunts often took on the responsibility of raising children after a sibling's death. In the 1840s, a protracted parliamentary and social debate began over whether a widowed man's marriage to his sister-in-law should be made legal and this debate lasted over seven decades. In the Australian colonies, where English law had been inherited, 2 Those Australian colonies settled prior to the passing of Lord Lyndhurst's Act inherited the English position regarding deceased wife's sister marriage at the time, that such unions were voidable in the ecclesiastical courts during the lifetime of the parties, and in those colonies established afterwards, the 1835 statute applied and deceased wife's sister unions were illegal. In both cases colonial parliaments attempted to pass legislation to clarify the law. a similar debate occurred in the 1870s. The marriage was legalised in most of Australia in the 1870s while it remained illegal in England until the turn of the century. The parallel debates in each country provide a window into the comparative effect of religious culture on the development of marriage law. One of the primary reasons for the protracted nature of the struggle for marriage reform in England was its significance for the relationship between church and state. This article explores the implications of the relationship between church and state in Britain and the colonies for marriage legislation.     

Studies in the Politics of Environmenta Protection: The Historical Roots of the British Clean Air Act, 1956: I. The Awakening of Public Opinion over Industrial Smoke, 1843–1853

Abstract

This is the first of three articles about the campaign to abate smoke in the cities of England. It began early in the 19th centnry and culminated in the Clean Air Act, 1956. Between 1844 and 1850 no fewer than six Bills were introduced into parliament to compel furnaces to ‘consume their own smoke’. All failed to pass into law although enough was known about the science and technology of combustion to justify legislation for furnace used to raise steam-power. In 1853 Palmerston succeeded in putting on the statute book the first really elfective clean air act for the metropolis of London. It did not cover dwelling houses; the campaign to bring the e under the law—to be described in the second essay—had to await improvements in the design of domestic grates. It was during the decade 1843–1853 that the public conscience was awakened to the need for laws to protect the environment against pollution.     

Enacting a Local Reform in the Age of Reform: A Salary for the Chairman of Middlesex Sessions

This article examines the unsuccessful attempts made from 1833 to 1842 by Middlesex's justices of the peace to obtain a local statute allowing them to pay a salary to their chairman. Instead of securing such an act, they had to settle for a statute enacted by the government, a statute authorising the government to appoint their chairman for judicial proceedings. The article uses the story of Middlesex's attempt to obtain a salary for the chairman to examine: justices' attempts to reform the office of chairman of county Sessions; the limited powers of justices in their county Sessions; and the centralising aspirations of central government. The statute that the government produced in 1844 originated as a public bill. In contrast, the statute that Middlesex had attempted to obtain originated as private bills. The statute enacted by the government contained defects that probably would not have marred a statute enacted under the rules governing private bills. So, this article uses the legislative misadventures of the government's bill to compare the procedures for enactment of public and private bills. The article therefore provides a case study of mid‐19th‐century legislative procedures governing enactment of local legislation, while arguing that, as of the mid 19th century, parliament had not developed procedures appropriate to both representative government and a centralising central government using public bills for local matters.     

陕甘宁边区的离婚法实践

陕甘宁边区的离婚法令体现了对婚姻自由、男女平等的追求,但由于落后的社会现实而在实施中遭遇了困境。对此,边区政府在立法、司法、宣传等方面采取了多种补救措施。在离婚问题上,边区还面临着革命需求与个人权利之间的价值冲突,并在实践中对前者有所偏向。考察边区的离婚法令及其实践,可为今日的法制建设提供借鉴。     

Determinants of National Television News Coverage of Women in the House of Representatives, 1987-1998

This study adapts Timothy Cook's 1986 analysis of news coverage of members of Congress to women legislators. The relative impact of independent variables on the amount of television news coverage received by women in the House from 1987 to 1998 was determined using Poisson regression. These included structural variables (leadership, seniority, party control of the chamber, and membership on a prestigious committee), member characteristics (racial minority status, media market size, party and attractiveness), and member activities (legislative activity, ideology, scandal, authorship of women's bills, and running for higher office). Factors that were significantly related to the amount of coverage received by a congresswoman were: authorship of women's bills, running for higher office, media market size, political party, and seniority. Leadership did not have the same payoff for women's visibility that it did for the largely male group of legislators in Cook's study. Authoring a large number of pieces of legislation did not enhance women's coverage, but authoring bills on women's issues did.     

Fortresses and fashion statements: gentry castles in fourteenth-century Northumberland

The fourteenth century saw a dramatic upsurge of new castle building in northern England. Not unreasonably, historians have associated this with the Scottish wars, seeing this proliferation as a direct response to Scottish raiding, and assuming that these castles were designed and built solely to perform a defensive military function. However, recent work on castles has questioned such purely functionalist interpretations. This article examines the castles built in the fourteenth century by the ‘gentry’ of Northumberland, the most exposed of all the border counties to Scottish attack, and sets them in their local and national contexts. Were these castles just built as defensive fortresses, or did they also serve a more symbolic role, in a society which had rapidly become militarised with the onset of war in 1296? Were they in fact intended as much to keep up with the neighbours as to keep out the Scots?     

Fortresses and fashion statements: gentry castles in fourteenth-century Northumberland

The fourteenth century saw a dramatic upsurge of new castle building in northern England. Not unreasonably, historians have associated this with the Scottish wars, seeing this proliferation as a direct response to Scottish raiding, and assuming that these castles were designed and built solely to perform a defensive military function. However, recent work on castles has questioned such purely functionalist interpretations. This article examines the castles built in the fourteenth century by the ‘gentry’ of Northumberland, the most exposed of all the border counties to Scottish attack, and sets them in their local and national contexts. Were these castles just built as defensive fortresses, or did they also serve a more symbolic role, in a society which had rapidly become militarised with the onset of war in 1296? Were they in fact intended as much to keep up with the neighbours as to keep out the Scots?     

Text as Policy: Measuring Policy Similarity through Bill Text Reuse

The identification of substantively similar policy proposals in legislation is important to scholars of public policy and legislative politics. Manual approaches are prohibitively costly in constructing datasets that accurately represent policymaking across policy domains, jurisdictions, or time. We propose the use of an algorithm that identifies similar sequences of text (i.e., text reuse), applied to legislative text, to measure the similarity of the policy proposals advanced by two bills. We study bills from U.S. state legislatures. We present three ground truth tests, applied to a corpus of 500,000 bills. First, we show that bills introduced by ideologically similar sponsors exhibit a high degree of text reuse, that bills classified by the National Conference of State Legislatures as covering the same policies exhibit a high degree of text reuse, and that rates of text reuse between states correlate with policy diffusion network ties between states. In an empirical application of our similarity measure, we find that Republican state legislators introduce legislation that is more similar to legislation introduced by Republicans in other states, than is legislation introduced by Democratic state legislators to legislation introduced by Democrats in other states.      

'A field for private members': The Wolfenden committee and Scottish homosexual law reform, 1950-67

The proceedings and report of the Wolfenden Committee on Prostitution and Homosexual Offences (1954-7) figure prominently in the historiography of homosexuality in later twentieth-century Britain. However, in the main, research has centred on the social politics of the Committee and its implications for sexual law reform in England, and there is a notable lack of regional studies. Using a range of government archives, this article focuses on the written and oral evidence of Scottish witnesses to the Committee. It documents the pre-existing legal and medical provisions for the treatment of 'homosexual offences' in Scotland, and surveys the Scottish evidence for and against the decriminalization of homosexual practices. Thereafter, it examines the views of the Scottish members of the Committee in the context of the Wolfenden Report. The article then surveys the wide-ranging opposition to homosexual law reform within Scotland in the period 1957-67, culminating in its exclusion from the 1967 Sexual Offences Act. Finally, it evaluates the implications of the Scottish experience and concludes that, in some important respects, it does not conform to the innovative and transitional picture advanced in many previous interpretations of the Wolfenden Committee and its aftermath.     

“Modernizing” Māori Marriage in New Zealand

In 1952, Māori forms of customary marriage were made legally invalid. This article investigates the application of a state marriage registration system to Māori in the early decades of the twentieth century that was designed to encourage Māori to conform to European marital models. It focuses, in particular, on how Christianity and English law were deployed as modernising forces by a new generation of Māori intellectuals who emerged in the 1890s under the banner of the Te Aute College Students' Association (TACSA), later known as the Young Māori Party. United by their Anglican faith, TACSA favoured a process of adaptive acculturation in certain areas of social life, where select customs were to be retained and protected, so as to secure demographic and cultural survival. Marriage was highly valued because it was linked to the collective interests of whānau (family) and iwi (tribe) in matters of land and inheritance. As marriage was linked to collective futures, the article argues that maintaining and protecting marriage customs was one strategy for holding on to culture, land and autonomy in the face of increasing state efforts to require Māori to conform to European norms and traditions.     

Of Male and Female Heirs; of English and Scottish Peerages: The Fine Tuning of the Peerage Bills of 1719

There were two versions of the Peerage Bill in 1719, one which was lost in the house of lords in April when the parliament was prerogued and one in December which was defeated in the house of commons. The first was constructed in debates in the Lords, in conjunction with the judges, based on resolutions introduced into the upper House by the duke of Somerset; the second was introduced into the Lords as a fully formed bill. Both bills underwent changes during their progress through the house of lords. The result was that the second bill differed significantly from the first. Based on the first bill, the second allowed for more peerages to be created, while trying to prevent the problems associated with female succession, particularly in the Scottish peerage, and more closely defining when a peerage had become extinct. This article is based on documents generated by the passage of the two bills through parliament which have not been studied before.     

建国初期华北农村婚姻制度的改革

中华人民共和国成立时 ,封建主义婚姻制度在华北农村占主导地位 ,严重阻碍了社会进步 ,改革封建婚姻制度已成当务之急。 1 95 0年 5月我国颁布并施行《中华人民共和国婚姻法》后 ,在华北农村开展了一场广泛深入的婚姻制度改革 ,经过大力宣传贯彻《婚姻法》和建立婚姻登记制度 ,最终实现了从封建主义婚姻制度向新民主主义婚姻制度的嬗变。     

The Common Good,Pluralism and the Small Church

Abstract

This paper discusses the understanding of “Common Good” that has been used by the Church of England, especially over the last five years. It suggests that its implicit universalism and identification of Christian morality with the ethical norms for the nation is premised on an understanding of the role of the Church which is no longer realistic. After a brief discussion of the latest statistics for church attendance and a comparison with other national churches in Northern Europe, I suggest that the Church of England is a “small church” and even that Christians constitute a religious minority. This means that the pursuit of the “Common Good” as defined by the church may simply be a piece of nostalgic longing for the time of the “big church.” The recent exclusions for the churches on same-sex marriage legislation indicate that the gap between most of the churches and the wider society. Rather than defining the common good, I suggest that in a pluralist society the churches which recognize their limited role will need to build alliances and common causes with other groups, both religious and secular.     

Sir Charles Grandison,Natural Law and the Fictionalised English Gentleman

This article enquires into the relation between enlightened humanist conceptions of natural law and the period novel's fictionalization of the English gentleman in the context of its marriage plot. Marriage played a key role in enlightened theorisations of natural law precisely as an institution capable of grounding familial and civil life in an emerging concept of human nature. Yet public debate about the state's role in the regulation of marriage in mid-eighteenth-century England demonstrates that natural law lent itself to very different models of sovereignty and governance. The antinomies that characterized natural law's circulation in the English context are uniquely fictionalized in Samuel Richardson's last novel, Sir Charles Grandison (1753–54), a lengthy parallel narrative of failed courtship and matrimonial felicity that draws upon Pufendorf's model of natural law, yet is only partly implicated in its secular humanism. The novel's eponymous gentleman hero – a ‘Man of Religion and Virtue’ – exemplifies a mix of Anglican piety, civic virtue and disinterested sympathy that is sanctioned by natural law and sealed by the English marriage plot.     

THE END OF AMERICA: THE BEGINNING OF CANADA - A RESPONSE

In his recent article entitled 'The end of America: The beginning of Canada,' Patrick McCreevy (1988) asserts that the Falls at Niagara act as a visible border or 'wall,' which separates two vastly different places. Since the American Revolution, however, Canadians and Americans residing along the Niagara frontier have made every effort to reach across the river which separates them. By means of either improved transportation and communication facilities, by marriage, or the free trade agreements of 1854 and 1989, local Niagarans have overcome the physical barrier of the river. In fact, in the summer of 1989, Canadians and Americans paid tribute to two centuries of 'openness' and peace along the Niagara Frontier with a four-day 'friendship festival' held in July.     

The Scottish Covenanters and the Borough of Sunderland, 1639–1647: A Hidden Axis of the British Civil Wars*

Few sources have survived relating to the borough of Sunderland in the seventeenth century. However, during the Civil Wars Sunderland was noticed for its support of Parliament and the Scottish Covenanters. A Puritan elite, led by George Lilburne, had established Sunderland as a radical borough by the 1630s. Good relations between Sunderland and the Covenanting Scots began in 1639 and continued throughout the Bishops’ Wars (1639–41) and the first British Civil Wars (1642–46). This was unusual in the North East of England as most of County Durham, Northumberland and Newcastle upon Tyne would remain loyal to King Charles I. A trade blockade of Newcastle, Sunderland and Blyth during 1643–44 was quickly lifted at Sunderland after the Scots garrisoned the town in March 1644. This gave Sunderland a temporary, but advantageous, lead over their rivals in Newcastle. Sunderland’s port was crucial for supplying the Scottish Covenanting army and Parliamentarian forces during 1644–46, and the coal mines along the River Wear proved a vital source of revenue for paying the army. The borough’s leaders were well rewarded for their loyalty and, unlike other leading supporters of Parliament in the North, they did not object to paying for the Scottish occupation of the North East.     

Charles the Bald and Aethelwulf of Wessex: the alliance of 856 and strategies of royal succession

Scholars have usually supposed that the marriage of King Aethelwulf of Wessex to the daughter of Charles the Bald in 856 signified the creation of an anti-Danish alliance between the two rulers. That this union signified a royal accord is not in doubt but there is no evidence to associate it with any venture against Danes. Though the evidence is not conclusive it appears more probable that Aethelwulf's marriage to Princess Judith was part of a scheme to prevent or to undermine a rebellion in England then being fomented by Aethelwulf's son Aethelbald who desired his father's throne. For his part Charles the Bald aimed at gaining influence in England. At the time of her marriage Judith was crowned and anointed and this was a rare occurrence. When analyzed in the proper light it suggests the existence of a compact by the terms of which Aethelwulf would disinherit Aethelbald at some future date should Judith bear a son. The marriage, then, did not signify an alliance against Danes. Rather it denoted an alliance against Aethelwulf's son Aethelbald.     

The Case of Beatrice Brooke: Fictions of Law and Marriage in Caroline Norton's Lost and Saved (1863)

In comparison with her influential political essays on matters of child custody, divorce and marital property settlements, the novels of Caroline Norton remain relatively under-studied. The purpose of this article is to revisit one of these novels, Lost and Saved, published in 1863, and to do so more particularly as an exercise in literary jurisprudence. It argues that the story of Beatrice Brooke, the unfortunate heroine of the novel, is shaped in considerable part by the law; first, by the peculiar terms of a probate settlement which serves to preclude her marriage to her ultimately duplicitous lover Montagu Treherne, and then second, by the broader terms of matrimonial law in nineteenth-century England, the construction of which serves to delude Beatrice into thinking that an ‘irregular’ marriage to Treherne enjoys some residual legal force. Though the medium is very different, the critique of marriage presented in Lost and Saved is just as urgent as that engaged in Norton's more famous political essays.