Questions tagged [legal-history]
For questions related to how and why law has evolved over time.
14
questions with no upvoted or accepted answers
3
votes
0
answers
193
views
Why weren't the US Navy and Marines added to the Posse Comitatus Act in 1956?
The Posse Comitatus Act was originally enacted in 1878 to restrict the use of the United States military in many domestic matters. Originally, the act only covered the Army, which doesn't seem ...
- 2,961
3
votes
0
answers
33
views
What's the history of land zoning legislation, if any, before New York in 1916?
When searching google for the history of zoning, it seems to always go to just the history of zoning in the United States. Is there any precedent for zoning prior to New York City?
- 161
2
votes
0
answers
63
views
What were the main factors prompting the abolition of heart balm torts?
What were the driving forces that led to it, what were the mechanisms that enacted it, and what were the stated rationales for it?
Adultery is still recognised as a fault factor in divorce that ...
- 8,835
2
votes
0
answers
29
views
What is intermediate between a particular case citation and time immemorial?
What is intermediate between a particular case citation and time immemorial?
Often, common law precedents are cited by the cases that established them replete with the exact year of the precedent case....
2
votes
0
answers
38
views
UK gun licenses prior to Firearms Amendment Act 1988
The Firearms (Amendment) Act 1988 came into force as a response to the Hungerford massacre of 1987.
The perpetrator had legally owned some firearms, including a semi-automatic assault rifle.
Before ...
- 121
2
votes
0
answers
123
views
How did marriage certification deviate away from the older idea of common law marriage?
I'm seeking to better understand the history of how marriage licenses came about, and specifically, the transition from cohabitation and public announcement of the marriage to requiring a literal ...
1
vote
0
answers
67
views
Where can I find ‘The Common Law: Judicial Impartiality and Judge-Made Law’?
I’m working on the translation of a document, which quotes a substantial part of this text: ‘The Common Law: Judicial Impartiality and Judge-Made Law’ by H. K. Luke.
After some research, I realized ...
- 221
1
vote
0
answers
35
views
Meaning of numbers in UK Parliament Sessional Papers
I have a (scan of) an 1858 volume of papers drawn from Sessional Papers of the British Parliament.
These appear to be Command Papers, which, according to various sources, were numbered [1] to [4222] ...
- 111
1
vote
0
answers
55
views
When was homosexuality as the reason for institutionalization outlawed in the US?
In the United States, I'm guessing that one can no longer commit a person to a mental hospital (AKA insane asylum) with the only reason for commitment being: "said person is gay".
Homosexuality is no ...
- 111
1
vote
0
answers
41
views
Bankruptcy petitions granted by state legislatures?
In this document we learn that someone was "discharged as an insolvent debtor, by virtue of an act of assembly of" New Jersey.
And I have learned that Thomas Chandler was similarly discharged in ...
- 2,770
0
votes
0
answers
28
views
What were the primary instigatory forces behind the 2016 improvements to the Housing Act 2004’s rent repayment order regime?
It is often cited what the reasons are behind the changes brought in 2016 to the regime. But which forces had brought the shortcomings that the regime was proving to have statistically and in practice ...
- 8,835
0
votes
0
answers
82
views
Why is an attempted violent crime judged less harshly than a successful one?
There exist crimes that bring great damage to the victim, such as murder, rape, aggravated assault, theft, etc. If anything had escaped that list, I'm sure it's intuitive what that would be.
In most ...
- 101
0
votes
0
answers
80
views
Origin of Law - Legal Philosophy
What kind of legal philosophy states that rights and duties (law) derive from facts?
(In German SOLLEN for the former and SEIN for the latter.)
- 1
-6
votes
0
answers
75
views
In what sense is common law “of the people”?
A recent answer describes common law as being “of the people”. In what sense is this so?
- 8,835