reconstructing the household families sex and the law in the nineteenth century south studies in legal history

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Reconstructing The Household

Author : Peter W. Bardaglio
ISBN : 9780807860212
Genre : History
File Size : 82. 20 MB
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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.

American Marriage

Author : Priscilla Yamin
ISBN : 9780812206647
Genre : Political Science
File Size : 35. 27 MB
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As states across the country battle internally over same-sex marriage in the courts, in legislatures, and at the ballot box, activists and scholars grapple with its implications for the status of gays and lesbians and for the institution of marriage itself. Yet, the struggle over same-sex marriage is only the most recent political and public debate over marriage in the United States. What is at stake for those who want to restrict marriage and for those who seek to extend it? Why has the issue become such a national debate? These questions can be answered only by viewing marriage as a political institution as well as a religious and cultural one. In its political dimension, marriage circumscribes both the meaning and the concrete terms of citizenship. Marriage represents communal duty, moral education, and social and civic status. Yet, at the same time, it represents individual choice, contract, liberty, and independence from the state. According to Priscilla Yamin, these opposing but interrelated sets of characteristics generate a tension between a politics of obligations on the one hand and a politics of rights on the other. To analyze this interplay, American Marriage examines the status of ex-slaves at the close of the Civil War, immigrants at the turn of the twentieth century, civil rights and women's rights in the 1960s, and welfare recipients and gays and lesbians in the contemporary period. Yamin argues that at moments when extant political and social hierarchies become unstable, political actors turn to marriage either to stave off or to promote political and social changes. Some marriages are pushed as obligatory and necessary for the good of society, while others are contested or presented as dangerous and harmful. Thus political struggles over race, gender, economic inequality, and sexuality have been articulated at key moments through the language of marital obligations and rights. Seen this way, marriage is not outside the political realm but interlocked with it in mutual evolution.

The Cambridge History Of Law In America

Author : Michael Grossberg
ISBN : 9780521803069
Genre : History
File Size : 33. 65 MB
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This volume covers American law in the nineteenth century and describes the development of modern legal systems.

Family Law And Inheritance In America

Author : Yvonne Pitts
ISBN : 9781107245143
Genre : History
File Size : 32. 35 MB
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Yvonne Pitts explores inheritance practices by focusing on nineteenth-century testamentary capacity trials in Kentucky in which disinherited family members challenged relatives' wills. These disappointed heirs claimed that their departed relative lacked the capacity required to write a valid will. These inheritance disputes criss-crossed a variety of legal and cultural terrains, including ordinary people's understandings of what constituted insanity and justice, medical experts' attempts to infuse law with science, and the independence claims of women. Pitts uncovers the contradictions in the body of law that explicitly protected free will while simultaneously reinforcing the primacy of blood in mediating claims to inherited property. By anchoring the study in local communities and the texts of elite jurists, Pitts demonstrates that 'capacity' was a term laden with legal meaning and competing communal values about family, race relations and rationality. These concepts evolved as Kentucky transitioned from a conflicted border state with slaves to a developing free-labor, industrializing economy.

Book Review Digest

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ISBN : UOM:39015078261891
Genre : Bibliography
File Size : 52. 88 MB
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Journal Of The History Of Sexuality

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ISBN : STANFORD:36105020634080
Genre : Sex
File Size : 35. 33 MB
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Race Sex And Citizenship Themes Of Citizenship In Legal Investigations Of Sexualized Violence Against African American Women

Author : Joan C. Sitomer
ISBN : UOM:39015085352113
Genre : Political Science
File Size : 66. 9 MB
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Sex And Punishment

Author : Eric Berkowitz
ISBN : 9781619020788
Genre : History
File Size : 34. 74 MB
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The “raging frenzy” of the sex drive, to use Plato’s phrase, has always defied control. However, that’s not to say that the Sumerians, Victorians, and every civilization in between and beyond have not tried, wielding their most formidable weapon: the law. At any given point in time, some forms of sex were condoned while others were punished mercilessly. Jump forward or backward a century or two (and often far less than that), and the harmless fun of one time period becomes the gravest crime in another. Judging Desire tells the story of the struggle throughout the millennia to regulate the most powerful engine of human behavior. Writer and lawyer Eric Berkowitz uses flesh-and-blood cases—much flesh and even more blood—to evoke the entire sweep of Western sex law, from the savage impalement of an Ancient Mesopotamian adulteress to the imprisonment of Oscar Wilde in 1895 for “gross indecency.” The cast of Judging Desire is as varied as the forms taken by human desire itself: royal mistresses, gay charioteers, medieval transvestites, lonely goat-lovers, prostitutes of all stripes, London rent boys. Each of them had forbidden sex, and each was judged—and justice, as Berkowitz shows, rarely had much to do with it. With the light touch of a natural storyteller, Berkowitz spins these tales and more, going behind closed doors to reveal the essential history of human desire.

The Influence Of Culture And Gender On The Creation Of Law In Antebellum Indiana Ohio And Kentucky

Author : Elizabeth R. Osborn
ISBN : IND:30000094866302
Genre :
File Size : 87. 40 MB
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Choice

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ISBN : UCSC:32106012887730
Genre : Academic libraries
File Size : 56. 44 MB
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