America on Trial: Inside the Legal Battles That Transformed by Alan M. Dershowitz

By Alan M. Dershowitz

The popular lawyer and bestselling writer unearths how impressive trials all through our heritage have helped to form our kingdom. providing insights into the human , those trials function a historic rfile, chronicling the struggles and passions in their time.

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This meant that in colonies (such as those in the north) settled by Puritans€– heirs of the Calvinist traditions€– civil authorities alone addressed matters of marriage and divorce from early on; it was only after some time that the Puritans allowed any ministers even to conduct weddings. 40 There were similar disparities among the colonies respecting divorce, although there was never a recognition of religious authorities’ power to effectuate divorce like there was for marriage. In New York, for example, divorce was within the power of the civil courts due to the Reformation heritage.

Nichols, “The Frontiers of Marital Pluralism: An Afterword” (in this volume). 24 See Witte and Nichols, “Introduction,” in Comparative Perspective, 25. 25 See Homer H. , The Law of Domestic Relations in the United States (St. Paul, MN: West Pub. , 2d ed. 1988), 31. 22 16 Joel A. 27 The Roman Catholic Church gradually assumed jurisdiction over matters of marriage and divorce law for believers. 29 The Church believed marriage to be a sacrament€– rather than merely a civil contract or a private individual or familial matter€– and thought it naturally followed (especially when bolstered by claims from scripture) that marriage must be indissoluble.

These include that some states recognize same-sex marriages whereas others do not (with varying levels of vehemence in opposition). ” Parties may also choose to structure resolution of financial arrangements in a dispute in accordance with private ordering via premarital agreement, although the enforceability of such agreements varies by state. 43 Other See generally Hans W. Baade, “The Form of Marriage in Spanish North America,” Cornell Law Review 61 (1975): 1–90. 43 See Bix, “Pluralism and Decentralization” (in this volume).

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