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Like marriage, slavery denied women a separate legal existence. That monarch had done something of the sort in the Statute of Wales to which we have already referred, and in 1305 contemplated doing the same for Scotland; 5 certainly if a code was contemplated the great book of Bracton was an obvious model to which to turn. In Nov. 2003, the Massachusetts Supreme Judicial Court ruled that barring same-sex couples from civil marriage was unconstitutional.
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From the internal perspective, new institutionalist work is work that takes “the law,” broadly defined to include legal institutions, concepts, categories, and doctrines seriously. But new institutionalist work is not the same as doctrinal legal scholarship. The new institutionalists situate “the law” in political contexts. Where a doctrinalist analysis aims at producing a restatement of a legal rule, institutionalists are more likely to be focused on an elaboration of the development of legal thought in a wider social context The Historical and download epub download epub
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