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 : 22. 9 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 : 83. 66 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.

A Legal History Of The Civil War And Reconstruction

Author : Laura F. Edwards
ISBN : 9781316239711
Genre : History
File Size : 51. 94 MB
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Although hundreds of thousands of people died fighting in the American Civil War, perhaps the war's biggest casualty was the nation's legal order. A Legal History of the Civil War and Reconstruction explores the implications of this major change by bringing legal history into dialogue with the scholarship of other historical fields. Federal policy on slavery and race, particularly the three Reconstruction amendments, are the best-known legal innovations of the era. Change, however, permeated all levels of the legal system, altering Americans' relationship to the law and allowing them to move popular conceptions of justice into the ambit of government policy. The results linked Americans to the nation through individual rights, which were extended to more people and, as a result of new claims, were reimagined to cover a wider array of issues. But rights had limits in what they could accomplish, particularly when it came to the collective goals that so many ordinary Americans advocated.

Rape And Race In The Nineteenth Century South

Author : Diane Miller Sommerville
ISBN : 080785560X
Genre : History
File Size : 42. 27 MB
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Sommerville analyzes black-on-white rape cases of the 19th-century South, challenging the notion that race was the sole agent in shaping white ideology on this issue. She shows that race competed with other forces--especially gender and class--to shape the ways southerners related to each other.

The Columbia Guide To American Women In The Nineteenth Century

Author : Catherine Clinton
ISBN : 9780231109215
Genre : History
File Size : 70. 91 MB
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A convenient handbook of dates, names, terms, and resources as well as a highly readable overview of the pivotal role of women in a century of profound political and social change. The authors emphasize areas in which scholars have identified important changes (such as suffrage and reform), topics in which researchers are now making great strides (such as racial, ethnic, religious, and regional diversity), and innovative and relatively recent explorations (for example, work on female sexuality).

In Tender Consideration

Author : Daniel W. Stowell
ISBN : 0252027027
Genre : History
File Size : 83. 19 MB
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From debt to divorce, from adultery to slander, cases with women as plaintiffs, defendants, or both appeared regularly on docket books in antebellum Illinois. Nearly one-fifth of Abraham Lincoln's cases involved women as litigants, and during the twenty-five years of his legal career thousands of women appeared in Illinois courts, as litigants, criminal defendants, witnesses, and spectators.Drawing on the rich resources of 3The Law Practice of Abraham Lincoln: Complete Documentary Edition, a DVD version of Lincoln's complete legal papers, 3In Tender Consideration scans the full range of family woes that antebellum Americans took to the law. Deserted wives, destitute widows, jilted brides with illegitimate children, and slandered women brought their cases before the courts, often receiving a surprising degree of sympathy and support.Through the stories of dozens of individuals who took legal action to obtain a divorce, contest a will, prosecute a rapist, or assert rights to family property, this volume illuminates the legal status of women and children in Illinois and their experiences with the law in action. Contributors document how the courts viewed children and how they responded to inheritance, custody, and other types of cases involving children or their interests. These cases also highlight Lincoln's life in law, placing him more clearly within the context of the legal culture in which he lived and raising intriguing questions about the influence of his legal life on his subsequent political one.

Book Review Digest

Author :
ISBN : UOM:39015078261891
Genre : Bibliography
File Size : 89. 9 MB
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Journal Of The History Of Sexuality

Author :
ISBN : STANFORD:36105020634080
Genre : Sex
File Size : 33. 89 MB
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American Studies

Author : Janice A. Radway
ISBN : 9781405113519
Genre : Social Science
File Size : 57. 72 MB
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American Studies is a vigorous, bold account of the changes in the field of American Studies over the last thirty-five years. Through this set of carefully selected key essays by an editorial board of expert scholars, the book demonstrates how changes in the field have produced new genealogies that tell different histories of both America and the study of America. Charts the evolution of American Studies from the end of World War II to the present day by showcasing the best scholarship in this field An introductory essay by the distinguished editorial board highlights developments in the field and places each essay in its historical and theoretical context Explores topics such as American politics, history, culture, race, gender and working life Shows how changing perspectives have enabled older concepts to emerge in a different context

Over The Threshold

Author : Christine Daniels
ISBN : 9781135250232
Genre : History
File Size : 70. 17 MB
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Over the Threshold is the first in-depth work to explore the topic of intimate violence in the American colonies and the early Republic. The essays examine domestic violence in both urban and frontier environments, between husbands and wives, parents and children, and masters and slaves. This compelling collection puts commonly held notions about intimate violence under strict historical scrutiny, often producing surprising results.

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