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.

Item ID: 23218
Item Type: Article (Commentary)
Keywords: evidence, law, marriage, private/public, women
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)

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Date Deposited: 12 Sep 2012 05:01
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%
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