Husband and wife are two souls in the one flesh...
Galloway, Kate (2012) Husband and wife are two souls in the one flesh... Curl: Property law, women and law, contemporary legal issues, 11 February 2012 .
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Abstract
[Extract] It hath beene resolved by the Justices that a wife cannot be produced either against or for her husband...[for they are two souls in one flesh], and it might be a cause of implacable discord and dissention betweene the husband and the wife, and a meane of great inconvenience. (Lord Coke, 1628, cited in David Lusty, 2004)
As a result of the Biblical principle that husband and wife are 'two souls in one flesh', there is a common law tradition whereby women may not be obliged to give evidence against their husbands. This principle has apparently extended to apply to men giving evidence against their wives.
| ID Code: | 23218 |
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| Item Type: | Article (Commentary) |
| Related URLs: | |
| Additional Information: | Curl: Property law, women and law, contemporary legal issues is the blog of Kate Galloway and is available at http://katgallow.blogspot.com.au/ (12 September 2012) |
| Keywords: | evidence, law, marriage, private/public, women |
| FoR Codes: | 18 LAW AND LEGAL STUDIES > 1801 Law > 180119 Law and Society @ 100% |
| SEO Codes: | 94 LAW, POLITICS AND COMMUNITY SERVICES > 9404 Justice and the Law > 940406 Legal Processes @ 100% |
| Deposited On: | 12 Sep 2012 15:01 |
| Last Modified: | 12 Sep 2012 18:01 |
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