Chapters in the History of Social Legislation in the United States to 1860
Chapters in the History of Social Legislation in the United States to 1860

Author: Henry Walcott Farnam

Publisher: The Lawbook Exchange, Ltd.

Published: 2000

Total Pages: 518

ISBN-13: 1584770546

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A social history of the class system in the United States from the colonial period through the constitutional era that primarily concerns itself with the issue of slavery. Other legislative areas affected by the social structure of the times covered include laws of debt, land tenure, fair trade, and food supply...Marke, A Catalogue of the Law Collection of New York University (1953) 809.

Reconstructing the Household
Reconstructing the Household

Author: Peter W. Bardaglio

Publisher: Univ of North Carolina Press

Published: 2000-11-09

Total Pages: 378

ISBN-13: 0807860212

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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.

Law Out of Context
Law Out of Context

Author: Alan Watson

Publisher: University of Georgia Press

Published: 2000

Total Pages: 238

ISBN-13: 9780820321615

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Law and society are closely related, though the relationship between the two is both complicated and understudied. In a world of rapidly changing people, places, and ideas, law is frequently taken out of context, often with surprising and unnecessary consequences. As societies and their structures, religious doctrines, and economies change, laws previously established often remain unchanged. Dominant nations frequently impose their own laws on weaker nations, whether or not their cultures are similar. Conquered nations, after regaining freedom, often keep their conquerors' laws by default. Law is often misrepresented in literature, and legal scholars, citizens, and businesspeople alike ignore large portions of the legislation under which they live and work. Even the American system of legal education frequently proves itself irrelevant to a proper understanding of today's laws. Alan Watson studies examples from the ancient laws of Rome and Byzantium, laws within the Christian Gospels, and policies of legal education in the modern United States to demonstrate the need for a new approach to both law and legal education. Law Out of Context illustrates that only by understanding comparative legal history and by paying more attention to changes in our society can we hope to devise consistently fair and respected laws.