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Author: Peter W. Bardaglio
Publisher: Univ of North Carolina Press
ISBN: 0807860212
Category : History
Languages : en
Pages : 378
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Book Description
In Reconstructing the Household, Peter Bardaglio examines the connections between race, gender, sexuality, and the law in the nineteenth-century South. He focuses on miscegenation, rape, incest, child custody, and adoption laws to show how southerners struggled with the conflicts and stresses that surfaced within their own households and in the larger society during the Civil War era. Based on literary as well as legal sources, Bardaglio's analysis reveals how legal contests involving African Americans, women, children, and the poor led to a rethinking of families, sexuality, and the social order. Before the Civil War, a distinctive variation of republicanism, based primarily on hierarchy and dependence, characterized southern domestic relations. This organic ideal of the household and its power structure differed significantly from domestic law in the North, which tended to emphasize individual rights and contractual obligations. The defeat of the Confederacy, emancipation, and economic change transformed family law and the governance of sexuality in the South and allowed an unprecedented intrusion of the state into private life. But Bardaglio argues that despite these profound social changes, a preoccupation with traditional notions of gender and race continued to shape southern legal attitudes.
Author: Peter W. Bardaglio
Publisher: Univ of North Carolina Press
ISBN: 0807860212
Category : History
Languages : en
Pages : 378
Get Book Here
Book Description
In Reconstructing the Household, Peter Bardaglio examines the connections between race, gender, sexuality, and the law in the nineteenth-century South. He focuses on miscegenation, rape, incest, child custody, and adoption laws to show how southerners struggled with the conflicts and stresses that surfaced within their own households and in the larger society during the Civil War era. Based on literary as well as legal sources, Bardaglio's analysis reveals how legal contests involving African Americans, women, children, and the poor led to a rethinking of families, sexuality, and the social order. Before the Civil War, a distinctive variation of republicanism, based primarily on hierarchy and dependence, characterized southern domestic relations. This organic ideal of the household and its power structure differed significantly from domestic law in the North, which tended to emphasize individual rights and contractual obligations. The defeat of the Confederacy, emancipation, and economic change transformed family law and the governance of sexuality in the South and allowed an unprecedented intrusion of the state into private life. But Bardaglio argues that despite these profound social changes, a preoccupation with traditional notions of gender and race continued to shape southern legal attitudes.
Author: Michael Grossberg
Publisher: Univ of North Carolina Press
ISBN: 0807842257
Category : History
Languages : en
Pages : 433
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Book Description
Presenting a new framework for understanding the complex but vital relationship between legal history and the family, Michael Grossberg analyzes the formation of legal policies on such issues as common law marriage, adoption, and rights for illegitimate c
Author: Janet Farrell Brodie
Publisher: Cornell University Press
ISBN: 9780801484339
Category : History
Languages : en
Pages : 396
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Book Description
Drawing from a wide range of private and public sources, examines how American families gradually found access to taboo information and products for controlling the size of their families from the 1830s to the 1890s when a puritan backlash made most of it illegal. Emphasizes the importance of two shadowy networks, medical practitioners known as Thomsonians and water-curists, and iconoclastic freethinkers.
Author: Michael Grossberg
Publisher: Univ of North Carolina Press
ISBN: 080786336X
Category : Law
Languages : en
Pages : 433
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Book Description
Presenting a new framework for understanding the complex but vital relationship between legal history and the family, Michael Grossberg analyzes the formation of legal policies on such issues as common law marriage, adoption, and rights for illegitimate children. He shows how legal changes diminished male authority, increased women's and children's rights, and fixed more clearly the state's responsibilities in family affairs. Grossberg further illustrates why many basic principles of this distinctive and powerful new body of law--antiabortion and maternal biases in child custody--remained in effect well into the twentieth century.
Author: Brian Connolly
Publisher: University of Pennsylvania Press
ISBN: 0812209850
Category : History
Languages : en
Pages : 301
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Book Description
Although it is commonly thought that incest has been taboo throughout history, nineteenth-century Americans evinced a great cultural anxiety that the prohibition was failing. Theologians debated the meaning and limits of biblical proscription, while jurists abandoned such injunctions and invented a new prohibition organized around the nuclear family. Novelists crafted fictional tales of accidental incest resulting from the severed ties between public and private life, while antislavery writers lamented the ramifications of breaking apart enslaved families. Phrenologists and physiologists established reproduction as the primary motivation of the incest prohibition while naturalizing the incestuous eroticism of sentimental family affection. Ethnographers imagined incest as the norm in so-called primitive societies in contrast to modern civilization. In the absence of clear biological or religious limitations, the young republic developed numerous, varied, and contradictory incest prohibitions. Domestic Intimacies offers a wide-ranging, critical history of incest and its various prohibitions as they were defined throughout the nineteenth century. Historian Brian Connolly argues that at the center of these convergent anxieties and debates lay the idea of the liberal subject: an autonomous individual who acted on his own desires yet was tempered by reason, who enjoyed a life in public yet was expected to find his greatest satisfaction in family and home. Always lurking was the need to exercise personal freedom with restraint; indeed, the valorization of the affectionate family was rooted in its capacity to act as a bulwark against licentiousness. However it was defined, incest was thus not only perceived as a threat to social stability; it also functioned to regulate social relations—within families and between classes as well as among women and men, slaves and free citizens, strangers and friends. Domestic Intimacies overturns conventional histories of American liberalism by placing the fear of incest at the heart of nineteenth-century conflicts over public life and privacy, kinship and individualism, social contracts and personal freedom.
Author: Michael Grossberg
Publisher:
ISBN:
Category : Domestic relations
Languages : en
Pages : 1600
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Book Description
Author: Meg Jacobs
Publisher: Princeton University Press
ISBN: 1400825822
Category : History
Languages : en
Pages : 441
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Book Description
In a series of fascinating essays that explore topics in American politics from the nation's founding to the present day , The Democratic Experiment opens up exciting new avenues for historical research while offering bold claims about the tensions that have animated American public life. Revealing the fierce struggles that have taken place over the role of the federal government and the character of representative democracy, the authors trace the contested and dynamic evolution of the national polity. The contributors, who represent the leading new voices in the revitalized field of American political history, offer original interpretations of the nation's political past by blending methodological insights from the new institutionalism in the social sciences and studies of political culture. They tackle topics as wide-ranging as the role of personal character of political elites in the Early Republic, to the importance of courts in building a modern regulatory state, to the centrality of local political institutions in the late twentieth century. Placing these essays side by side encourages the asking of new questions about the forces that have shaped American politics over time. An unparalleled example of the new political history in action, this book will be vastly influential in the field. In addition to the editors, the contributors are Brian Balogh, Sven Beckert, Rebecca Edwards, Joanne B. Freeman, Richard R. John, Ira Katznelson, James T. Kloppenberg, Matthew D. Lassiter, Thomas J. Sugrue, Michael Vorenberg, and Michael Willrich.
Author: Tracy A. Thomas
Publisher: NYU Press
ISBN: 147987681X
Category : Law
Languages : en
Pages : 325
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Book Description
Thomas Byers Memorial Outstanding Publication Award from the University of Akron Law Alumni Association Much has been written about women’s rights pioneer Elizabeth Cady Stanton. Historians have written her biography, detailed her campaign for woman’s suffrage, documented her partnership with Susan B. Anthony, and compiled all of her extensive writings and papers. Stanton herself was a prolific author; her autobiography, History of Woman Suffrage, and Woman’s Bible are classics. Despite this body of work, scholars and feminists continue to find new and insightful ways to re-examine Stanton and her impact on women’s rights and history. Law scholar Tracy A. Thomas extends this discussion of Stanton’s impact on modern-day feminism by analyzing her intellectual contributions to—and personal experiences with—family law. Stanton’s work on family issues has been overshadowed by her work (especially with Susan B. Anthony) on woman’s suffrage. But throughout her fifty-year career, Stanton emphasized reform of the private sphere of the family as central to achieving women’s equality. By weaving together law, feminist theory, and history, Thomas explores Stanton’s little-examined philosophies on and proposals for women’s equality in marriage, divorce, and family, and reveals that the campaigns for equal gender roles in the family that came to the fore in the 1960s and ’70s had nineteenth-century roots. Using feminist legal theory as a lens to interpret Stanton’s political, legal, and personal work on the family, Thomas argues that Stanton’s positions on divorce, working mothers, domestic violence, childcare, and many other topics were strikingly progressive for her time, providing significant parallels from which to gauge the social and legal policy issues confronting women in marriage and the family today.
Author: Lawrence Meir Friedman
Publisher: Harvard University Press
ISBN: 9780674015623
Category : Law
Languages : en
Pages : 254
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Book Description
Drawing on many revealing and sometimes colorful court cases of the past two centuries, Private Lives offers a lively short history of the complexities of family law and family life--including the tensions between the laws on the books and contemporary arrangements for marriage, divorce, adoption, and child rearing.
Author: Robert L. Griswold
Publisher: State University of New York Press
ISBN: 1438405057
Category : Social Science
Languages : en
Pages : 274
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Book Description
Family and Divorce in California succeeds in reconstructing the private world of farmers, laborers, small-town merchants tradesmen, and housewives through an examination of local newspapers, census data, legal documents, and, above all, divorce records during the years 1850 to 1890. Some 400 divorce cases from two rural counties form the core of the study. Here we see how the compassionate ideal, the cult of true womanhood, and the work ethic actually affected the attitudes and behavior of working-class and rural as well as urban, middle-class people. A wide variety of topics is covered: basic family values women's health, work, sexuality, character, and indepdence men's work, sexual conduct, and affective retions the nature of parenthood, childhood, and marital companionship domestic violenc The book also explores the early years of the divorce crisis that began in the 1880s and answers the questions of how and why it developed.
