Oct 312016
 

It is getting pretty boring listening to all the remain supporters whine about the result of the ‘recent’ (well to an old fart like me anyway) referendum. It’s done; time to move on – it may have been the dumbest decision the public have made since electing Thatcher, but it’s still done.

But that’s not the end of it; it’s just the beginning.

The first thing to say is that the politicians are lying (not difficult to ascertain; their lips were moving) when they say they have a clear mandate for Brexit. With a referendum result as close as the one we have just had – 51.9% in favour of leaving and 48.1% in favour of remaining – we have a clearly divided country with a not insignificant minority who want to remain within the EU.

Does that mean we should ignore the result? Of course not (written with gritted teeth), but neither should we ignore the fact that there is a significant minority of voters who want us to remain. This should have an effect on the negotiating position – having what is effectively a weak mandate for Brexit should be a reasonable excuse to aim for “Brexit light”. Something like the Norway model.

Is this going to keep the leavers happy? No, but neither is leaving the EU going to make the remain supporters happy. And the only sensible course is something that leaves everyone mildly discontent rather than seriously piss off one side or the other.

And it’s time for the remain supporters to start work on getting back into Europe; just as the leavers started campaigning after they lost the last referendum.

The New Defence

The New Defence

Oct 302016
 

Of course it isn’t; it’s England (I’m English).

It’s all very patriotic to claim your country is the greatest on earth, but it also indicates an immense level of smug complacency. If you live in the greatest country on earth there is no reason to look at your country and see what to do better.

Some questions to ask yourself about your country :-

  1. Where does your country fit in the list of infant mortality?
  2. How free is your country according to the Press Freedom Index?
  3. What ranking does your country get in the list of life expectancy?
  4. How evenly is wealth distributed?

Now you might not agree with my list of how well a country is doing (and mine isn’t necessarily the same as the one above), and I may well disagree with your list vehemently. But that is beside the point – choose your list of what you think is important in a country, assess your country’s level, and then decide if your country is the greatest, or whether it could do better.

stack-of-coins-p1

Sep 212016
 

In England and Wales, there is no such thing as Common-Law Marriage, except when there is.

Which basically comes down to the fact that courts accept informal marriages where there was no other choice – the example on the Wikipedia page is of prisoners held by the Japanese who could not marry according to the formal process.

So where did the notion of common-law marriage come from? That Wikipedia page claims that it was some sort of group-think mistake made in the 1970s … well perhaps.

In fact, Scotland (until 2006) had something that would in England be called ‘common-law marriage’, and England in all likelihood had something equivalent even if the lawyers claim there was no such thing as “common-law marriage”.  They are right to a certain extent, but the history of marriage law in England is byzantine and twisted.

Details of what happened in England regarding marriage before the christian church came to dominance is shrouded in mystery, but in all likelihood marriage was a legally binding contract initiated by oath (it should be noted that an old form of the marriage vow includes the phrase “I plight my troth” and the word “plight” is the Old English word for oath). For those who are suspicious of a simple sworn oath being the basis for a marriage should note that in Anglo-Saxon times, the sworn oath was a fundamental building block of society, and nobody was lower than an oath-breaker.

One indicator of this are the marriage vows; a pompous religious or civil official may pronounce “You are now married” or even “I declare you married”, but the important part of the ceremony are the vows that the two people swear to each other.

In the early medieval era, the state had no time for laws regarding marriage – it was still effectively a private contract between individuals. The church on the other hand took in interest in dealing with abuses – bigamy, fornication, prevented forced marriage (probably not entirely successfully), etc. But the church could not and did not perform marriages; marriages would often be “blessed” within the church, but marriages themselves took place outside.

One of the important principles established was that an illegal marriage was still a marriage.

The church took control of marriage after the Council of Trent, and declared that no marriage was legal unless it took place within a church and the ceremony was performed by a priest. Yet in all likelihood ‘irregular marriages’ still took place especially when extra-parochial areas, or remote under-served parishes were considered (some remote areas in the North could see a priest as little as once a decade or longer).

And of course getting married required money – the priest would insist on his cut as payment for his services. So the poor probably carried on doing what their ancestors had done, and simply declared they were married and got on with it.

The state took over marriage law in 1753, in an attempt to combat “clandestine marriages” (it didn’t entirely succeed; those in need of such marriages merely eloped to Scotland where the law on marriage was more relaxed), and it is often said that this act abolished common-law marriage.

It didn’t. There was no such thing.

A 15th century marriage was legally nothing more than a contract as in an agreement to supply certain goods in exchange for land. It looked like common-law marriage, and it would not be too surprising if rumours of how marriage used to be persists down to the present day. Especially when you consider that a significant number of non-conformists who avoided CoE churches would have been ‘married by consent’ rather than ‘married in law’.

So what does this matter? Well apart from being historically interesting, it is important to note that unless you are officially married then you do not have the legal rights of marriage. So those who believe in ‘common-law marriage’ are welcome to continue to do so, but should bear in mind that it has no legal status.

 

marriage-bw

 

Nov 102013
 

There is war memorial near to where my parents live which is a little bit special. It is a memorial put up by local people, but unlike other it is not a memorial to the local people who died in the first world war (which were later amended to include those from the second world war) but to commemorate all those young men who marched past on their way to the battlefields of the first world war.

You see, the place where it is overlooks what is now the M3 but used to be a smaller road leading to the same place … the port of Southampton which was the embarkation point of so many young men heading to the battlefields of the first world war.

Shawford Down War Memorial

Whilst it is no grand memorial, it does deserve to be a little better known.

Nov 102013
 

Today (at least it is when I’m writing this) is Remembrance Sunday in the UK; traditionally a day to commemorate the sacrifice of ordinary men in the two world wars.

I did not watch the ceremony at The Cenotaph, or attend any of the more local ceremonies, although I have in the past. But one thing that is a noticeable change since my childhood – there is a much greater emphasis on the sacrifices made by our armed forces in all wars up to and including the present.

Fair enough; I don’t have a problem with commemorating the war dead from any war, but the the armed forces already have a day – Armed Forces Day – and Remembrance Sunday is special. It is special because it remembers the two world wars when ordinary men were called to service in their droves; whereas other wars involved soldiers, sailors, and airmen who had chosen to be shot at for a living.

Before WWI, there was nothing like Remembrance Sunday despite all the wars that the UK fought before – nothing for the Boer War, the Crimean War, the Napoleonic Wars, and nothing before. There were war memorials constructed – as a resident of Portsmouth, I can visit an unusually large number, but as for national ceremonies … excluding the burial of heros such as Nelson, they had to wait until after WWI.

Perhaps we need to move the Armed Forces Day to next to Remembrance Sunday to more clearly distinguish between the two days.

Perhaps we also need to make the commemorations somewhat less military in nature – encourage those whose relatives served in the two world wars to attend in place of them. After all the number of world war veterans is dwindling; it won’t be too long before none of them are left, and it would be a great shame to leave Remembrance Sunday to the politicians and the present-day military.

 

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