The Blackstone Commentaries and Womens Right

In the 19th century, American and British womens rights—or lack of them—depended heavily on the commentaries of William Blackstone which defined a married woman and man as one person under the law. Heres what William Blackstone wrote in 1765: By marriage, the husband and wife are one person in law: that is, the very being or legal existence of the woman is suspended during the marriage, or at least is incorporated and consolidated into that of the husband; under whose wing, protection, and cover, she performs every thing; and is therefore called in our law-French a feme-covert, foemina viro co-operta; is said to be covert-baron, or under the protection and influence of her husband, her baron, or lord; and her condition during her marriage is called her coverture. Upon this principle, of a union of person in husband and wife, depend almost all the legal rights, duties, and disabilities, that either of them acquire by the marriage. I speak not at present of the rights of property, but of such as are merely personal. For this reason, a man cannot grant anything to his wife, or enter into covenant with her: for the grant would be to suppose her separate existence; and to covenant with her, would be only to covenant with hims elf: and therefore it is also generally true, that all compacts made between husband and wife, when single, are voided by the intermarriage. A woman indeed may be attorney for her husband; for that implies no separation from, but is rather a representation of, her lord. And a husband may also bequeath any thing to his wife by will; for that cannot take effect till the coverture is determined by his death. The husband is bound to provide his wife with necessaries by law, as much as himself; and, if she contracts debts for them, he is obliged to pay them; but for anything besides necessaries he is not chargeable. Also if a wife elopes, and lives with another man, the husband is not chargeable even for necessaries; at least if the person who furnishes them is sufficiently apprized of her elopement. If the wife be indebted before marriage, the husband is bound afterwards to pay the debt; for he has adopted her and her circumstances together. If the wife be injured in her person or her p roperty, she can bring no action for redress without her husbands concurrence, and in his name, as well as her own: neither can she be sued without making the husband a defendant. There is indeed one case where the wife shall sue and be sued as a feme sole, viz. where the husband has abjured the realm, or is banished, for then he is dead in law; and the husband being thus disabled to sue for or defend the wife, it would be most unreasonable if she had no remedy, or could make no defence at all. In criminal prosecutions, it is true, the wife may be indicted and punished separately; for the union is only a civil union. But in trials of any sort they are not allowed to be evidence for, or against, each other: partly because it is impossible their testimony should be indifferent, but principally because of the union of person; and therefore, if they were admitted to be witness for each other, they would contradict one maxim of law, nemo in propria causa testis esse debet; and if against each other, they would contradict another maxim, nemo tenetur seipsum accusare. But, where the offence is directly against the person of the wife, this rule has been usually dispensed with; and therefore, by statute 3 Hen. VII, c. 2, in case a woman be forcibly taken away, and married, she may be a witness against such her husband, in order to convict him of felony. For in this case she can with no propriety be reckoned his wife; because a main ingredient, her consent, was wanting to the contract: and also there is another maxim of law, that no man shall take advantage of his own wrong; which the ravisher here would do, if, by forcibly marrying a woman, he could prevent her from being a witness, who is perhaps the only witness to that very fact. In the civil law the husband and the wife are considered as two distinct persons, and may have separate estates, contracts, debts, and injuries; and therefore in our ecclesiastical courts, a woman may sue and be sued without her husband. But though our law in general considers man and wife as one person, yet there are some instances in which she is separately considered; as inferior to him, and acting by his compulsion. And therefore any deeds executed, and acts done, by her, during her coverture, are void; except it be a fine, or the like manner of record, in which case she must be solely and secretly examined, to learn if her act be voluntary. She cannot by will devise lands to her husband, unless under special circumstances; for at the time of making it she is supposed to be under his coercion. And in some felonies, and other inferior crimes, committed by her through constraint of her husband, the law excuses her: but this extends not to treason or murder. The husband also, by the old law, might give his wife moderate correction. For, as he is to answer for her misbehaviour, the law thought it reasonable to intrust him with this power of restraining her, by domestic chastisement, in the same moderation that a man is allowed to correct his apprentices or children; for whom the master or parent is also liable in some cases to answer. But this power of correction was confined within reasonable bounds, and the husband was prohibited from using any violence to his wife, aliter quam ad virum, ex causa regiminis et castigationis uxoris suae, licite et rationabiliter pertinet. The civil law gave the husband the same, or a larger, authority over his wife: allowing him, for some misdemeanors, flagellis et fustibus acriter verberare uxorem; for others, only modicam castigationem adhibere. But with us, in the politer reign of Charles the second, this power of correction began to be doubted; and a wife may now have security of the peace against he r husband; or, in return, a husband against his wife. Yet the lower rank of people, who were always fond of the old common law, still claim and exert their ancient privilege: and the courts of law will still permit a husband to restrain a wife of her liberty, in the case of any gross misbehaviour. These are the chief legal effects of marriage during the coverture; upon which we may observe, that even the disabilities which the wife lies under are for the most part intended for her protection and benefit: so great a favourite is the female sex of the laws of England. Source ï » ¿William Blackstone. Commentaries on the Laws of England. Vol, 1 (1765), pages 442-445.

Ethics And Prevention Of Childhood Obesity - 946 Words

Practice Issue and Significance of Obesity management and prevention The practice issue in question is the management and prevention of childhood obesity. Obesity is defined as a body mass index (BMI) greater than or equal to the 95th percentile (Lopez, 2016. p 243). This problem is highly influenced by factors such as lack of activity, high caloric intake more than what the body needs to function well. Childhood obesity is at alarming rate in the United States. It is one of the major public health concerns in this country. Based on research, evidence indicates that its epidemic is on the rise. This is more prevalent in children of low income families and the minorities. It was reported that obesity now ranks as the 5th leading risk†¦show more content†¦The Institute of Medicine also proposed the role of healthcare providers in obesity prevention. (Quelly, 2014.p 198 ) Moreover, School nurses are also in the position to engage in obesity prevention. This is because they are often the only healthcare provider in schools. The role of sch ool nurses in promoting a healthy environment and intervening with actual and potential health problems in schools cannot be overemphasized. School nurses have the knowledge and capability of promoting health in the schools where they work, thereby, engaging in childhood obesity prevention. The area that needs improvement is the promotion of healthy nutrition and physical activity in schools and homes. An environment that will support a modifying lifestyle behaviors should be encouraged, with the aim of preventing and curtailing childhood obesity. Schools and home-based interventions have to be initiated to help with this obesity epidemic in children. Those interventions should be focused more on nutrition, physical activity, school food services, healthy lifestyle education and parental involvement (Quelly, 2014.p 198). The Desired Outcome for Childhood Obesity Prevention The main causes of childhood obesity encompass poor diets, lack of exercise, and sedentary life - styles. Those root causes have to be strictly examined to find a solution. The lack of knowledge regarding proper diet , exercise, medical disorders or conditions, and the environment in which we live allShow MoreRelatedWhat Is Your Evaluation of the Effectiveness of the U.S. Health Care System in the Context of Delivery, Finance, Management, and/or Sustainability? What Are the Issues That Prompted a Need for Health Care Reform1122 Words   |  5 Pages Health Promotions: Primary, Secondary and Tertiary Beth Fleming Grand Canyon University April 03, 2014 For many years, health promotions and prevention has been the focus for healthcare providers, especially nurses. Health promotion seeks to improve a person or population’s health by teaching about and helps people become more aware of risky behaviors associated with different diseases. It encourages individuals to take preventativeRead MoreObesity and Physical Activity in Schools1476 Words   |  6 Pageshaving an effect on the prevalence of obesity and related illnesses in society. â€Å"Obesity is increasing steeply in Australia† ( Magarey, A. M., Daniels, L. A. and Boulton, T. J. 2001) â€Å"and almost 25% of children are affected† (Booth, Wake, Armstrong, Chey, Hesketh, and Mathur.2001). So why is physical activity so important for children and what age is instilling positive habits most beneficial? What roles do teachers of today play in addressing and preventing obesity in our children and what are effectiveRead MoreEvaluating the Research Process Essay15 41 Words   |  7 PagesEvaluating the Research Process Rebecca Persinger HCS/465 April 9, 2012 Donald J. Steacy Childhood Obesity The author of this article talks about the increasing number of obese children in America and what it will take to have healthy and nutritious school lunch programs provided to school children. During a survey performed by the author on many children who are suffering from obesity in America and the health problems these unhealthy school lunches are creating, the lunches were analyzedRead MoreWhy has Childhood Obesity Become a Paramount Problem in the United States?1609 Words   |  7 Pages According to the Center for Disease Control and Prevention, â€Å"Childhood obesity has more than doubled in children and tripled in adolescents in the past 30 years,† (â€Å"Childhood Obesity Facts†). The monumental question that researchers seem to be asking is why the increase now? Childhood obesity has become a paramount problem in the United States in recent years due to various social, biological and technological factors that ultimately requires immediate assistance in order to promote a healthierRead MoreEssay on Evaluating the Research Process1085 Words   |  5 Pagesand adults to create a bio repository for future research of childhood obesity. The following document will explore the results and opinions concluded in the research project, statistical findings, and other important information collected from the research project. For adults obesity is a condition that can become life threatening and more so when obesity is diagnosed at a young age. The Center for Disease control and Prevention (CDC) reports that 17% of all children and adolescents are obeseRead MoreThe Effects Of Obesity On American Culture1657 Words   |  7 PagesHowever, there are some on the rise that are not as beneficial, such as American obesity. America is not the only country that faces issues with obesity, but the US has the highest ranking in the world for the total number of people who are overweight. In September of 2014 it was shown, â€Å"every state is above 20 percent (1).† It is a very large issue and commonly debated in American culture. Due to the fact that obesity not only increases chances for health problems, but can also cause decreases inRead MoreEssay On Study Population735 Words   |  3 PagesStudy population: This cross sectional study was performed, in 2009-2010 as the third survey of school-based surveillance system entitled Childhood and Adolescence Surveillance and Prevention of Adult Non-communicable disease Study (ASPIAN-III). This school-based nationwide health survey was designed and applied in27 provinces in Iran. The detailed methodology was previously described and presented here in brief. The present survey included 5744 students, ages of 10-18 years, recruited by multistageRead MoreEssay On Study Population In Research734 Words   |  3 PagesMaterial and methods: Study population: This cross sectional study was performed, in 2009-2010 as the third survey of school-based surveillance system entitled Childhood and Adolescence Surveillance and Prevention of Adult Non-communicable disease Study (ASPIAN-III). This school-based nationwide health survey was designed and applied in27 provinces in Iran. The detailed methodology was previously described, and presented here in brief. The present survey included 5744 students, ages of 10-18 yearsRead MoreEffects Of Obesity And The Media1396 Words   |  6 Pagesincreasing in body weight has changed. Obesity can be contributed to many different factors. With this new world of technology and social media there is still the prominent issue of obesity, although technology and the media is not all to blame. This arising issue can have derived by many different aspects, such as a person’s socioeconomic status, ethnicity, culture, and not getting the right amount of physical activity. These aspects definitively lead to obesity and ultimately the negative feedbackRead MoreArgumentative Research Paper On Childhood Obesity1555 Words   |  7 Pages Argumentative Research Paper: Childhood Obesity Issac Jones ECPI University ENG 120 Advanced Composition M. Barnes June 11, 2017 Health has become a very popular topic in today’s society; how to lose weight, healthy body mass index, proper foods to eat to give your body nutrition, certain exercises to help lose weight here or gain muscle there, lower prices for a gym memberships, it seems to be a topic we are hearing about all the time now. However,

Music Apreciation free essay sample

Who sang at the Grammy’s in Spanish in the late 1990s? What was the reaction? Ricky Martin sang at the Grammy’s in the late 1990s. Everybody loved it. It was widely accepted and supported. 2. When did Latin music burst back on the scene? What song brought it back to the mainstream? What effect did it have? Latin music bursted back on the scene in 1984. â€Å"Conga† by Gloria Estefan amp; the Miami Sound Machine brought Latin music back to the mainstream. It defined Latin pop music by mixing a Latin beat with English words. 3. How did the sounds of salsa change? The sounds of salsa changed because it was starting to be fused with pop, Ramp;B, etc. so that more people could understand it. 4. What was the influence of CBS’ Latin division on the explosion of Latin music in the US? CBS Latin division supported and sponsored latin music and helped it in its growth across America. We will write a custom essay sample on Music Apreciation or any similar topic specifically for you Do Not WasteYour Time HIRE WRITER Only 13.90 / page 5. Who were some of the artists who brought together Latin influenced music with mainstream pop music? Jennifer Lopez, Marc Anthony, Ricky Martin, and Gloria Estefan amp; The Miami Sound Machine were some of the artists that brought together Latin influenced music with mainstream pop music. 6. Why did the Latin music influence decrease? The Latin music influence decreased because people started becoming more modernized and less people could understand the music. 7. What was Reggaeton? Reggaeton was a mixture of the Jamaican â€Å"Dem Bow† beat mixed with Puerto Rican and Latin beats. 8. What other types of music are being influenced by â€Å"Latin† music? Hip-hop, rap, pop, and rock are all types of music being influenced by â€Å"Latin† music. References Mueller, Kate Hevner. Studies in Music Appreciation. journal of Research in Music Education 4.1 (1956): 3-25. Kamien, Roger, and Anita Kamien. Music: an appreciation. New York, NY: McGraw-Hill, 1988. Seashore, Carl E. The psychology of music. Music Educators Journal 23.2 (1936): 20-22. Seashore, Carl E. The psychology of music. Music Educators Journal 23.2 (1936): 20-22. Seashore, Carl E. The psychology of music. Music Educators Journal 23.2 (1936): 20-22. Stigler, George J., and Gary S. Becker. De gustibus non est disputandum. The american economic review 67.2 (1977): 76-90.

Sexual Abuse Essay Example For Students

Sexual Abuse Essay Sexual AbuseIt is very difficult for most people to talk about sexual abuse and even more difficult for society as a whole to acknowledge that sexual abuse happens everyday in the United States. It is not an easy phenomenon to define, primarily because permissible childhood behavior varies in accordance with cultural, family and social tolerances. Sexual abuse, which is 8% of all substantiated cases of child abuse, is defined as the forcing of unwanted sexual activity by one person on another, as by the use of threats or coercion. It is very important that sexual abuse be addressed as a public issue, mainly to add awareness to our society. Every part of society is affected by sexual abuse, from children, to parents, to friends and family. The perpetration of the crime is usually done indiscriminately, woman and children are the main victims. There is an overwhelming epidemic of children being sexually abused in this country. The saddening part about it is that the person who is doing the abuse is usually a family member; a parent, sibling, or caregiver. These are prime example of why sexual abuse needs to be a public issue in society. Personal Troubles is another issue dealing with Sexual Abuse. Most abusers were abused them selves in their own childhood. The reason for the abusers to do this violent act of crime is usually the lack of happiness in his or her life. Many exhibit a lack of empathy for their victims and often rationalize and minimize their behavior. Statistics show that abusing fathers had helped very little or not at all in taking care of their daughters during the first 3 years of their lives, while the non-abusing fathers had helped with child care. These are all examples of personal troubles of sexual abuse.In conclusion, sexual abuse is addressed in many different forms and ways. It can be a public issue in which society is affected by it, or it can be a personal issue in which the victim is affected by it. All in all, sexual abuse needs to be tolerated and made a public issue to help stop and prevent this cowardly act. That is my paper on sexual abuse.