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.
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.
Most in the United States likely associate the concept of the child bride with the mores and practices of the distant past. But Nicholas L. Syrett challenges this assumption in his sweeping and sometimes shocking history of youthful marriage in America. Focusing on young women and girls--the most common underage spouses--Syrett tracks the marital history of American minors from the colonial period to the present, chronicling the debates and moral panics related to these unions. Although the frequency of child marriages has declined since the early twentieth century, Syrett reveals that the practice was historically far more widespread in the United States than is commonly thought. It also continues to this day: current estimates indicate that 9 percent of living American women were married before turning eighteen. By examining the legal and social forces that have worked to curtail early marriage in America--including the efforts of women's rights activists, advocates for children's rights, and social workers--Syrett sheds new light on the American public's perceptions of young people marrying and the ways that individuals and communities challenged the complex legalities and cultural norms brought to the fore when underage citizens, by choice or coercion, became husband and wife.
Some people dwell alone, many in family-based households, and an adventuresome few in communes. The Household is the first book to systematically lay bare the internal dynamics of these and other home arrangements. Legal underpinnings, social considerations, and economic constraints all influence how household participants select their homemates and govern their interactions around the hearth. Robert Ellickson applies transaction cost economics, sociological theory, and legal analysis to explore issues such as the sharing of household output, the control of domestic misconduct, and the ownership of dwelling units. Drawing on a broad range of historical and statistical sources, Ellickson contrasts family-based households with the more complex arrangements in medieval English castles, Israeli kibbutzim, and contemporary cohousing communities. He shows that most individuals, when structuring their home relationships, pursue a strategy of consorting with intimates. This, he asserts, facilitates informal coordination and tends ultimately to enhance the quality of domestic interactions. He challenges utopian critics who seek to enlarge the scale of the household and legal advocates who urge household members to rely more on written contracts and lawsuits. Ellickson argues that these commentators fail to appreciate the great advantages in the home setting of informally associating with a handful of trusted intimates. The Household is a must-read for sociologists, economists, lawyers, and anyone interested in the fundamentals of domestic life.
In this engaging new book, Howard Chudacoff describes a special and fascinating world: the urban bachelor life that took shape in the late nineteenth century, when a significant population of single men migrated to American cities. Rejecting the restraints and dependence of the nineteenth-century family, bachelors found sustenance and camaraderie in the boarding houses, saloons, pool halls, cafes, clubs, and other institutions that arose in response to their increasing numbers. Richly illustrated, anecdotal, and including a unique analysis of The National Police Gazette (the most outrageous and popular men's publication of the late nineteenth and the early twentieth century), this book is the first to describe a complex subculture that continues to affect the larger meanings of manhood and manliness in American society. The figure of the bachelor--with its emphasis on pleasure, self-indulgence, and public entertainment--was easily converted by the burgeoning consumer culture at the turn of the century into an ambiguously appealing image of masculinity. Finding an easy reception in an atmosphere of insecurity about manhood, that image has outdistanced the circumstances in which it began to flourish and far outlasted the bachelor culture that produced it. Thus, the idea of the bachelor has retained its somewhat negative but alluring connotations throughout the rest of the twentieth century. Chudacoff's concluding chapter discusses the contemporary "singles scene" now developing as the number of single people in urban centers is again increasing. By seeing bachelorhood as a stage in life for many and a permanent status for some, Chudacoff recalls a lifestyle that had a profound impact on society, evoking fear, disdain, repugnance, and at the same time a sense of romance, excitement, and freedom. The book contributes to gender history, family history, urban history, and the study of consumer culture and will appeal to anyone curious about American history and anxious to acquire a new view of a sometimes forgotten but still influential aspect of our national past.
Emancipation and the citizenship that followed conferred upon former slaves the right to create family relationships that were sanctioned, recognized, and regulated by the laws that governed the families of all American citizens. Elizabeth Regosin explores what the acquisition of this legal familial status meant to former slaves, personally, socially, and politically. The Civil War pension system offers a fascinating source of documentation for this study of ex-slave families in transition from slavery to freedom. Because the provisions made to compensate eligible Union veterans and surviving family members created a vast bureaucracy—pension officials required and verified extensive proof of qualification—former slaves were obliged to reproduce and represent the inner workings of their familial relationships. Regosin reveals through both their personal histories and pension narratives how former slaves constructed identities as individuals and as family members while they negotiated the boundaries of "family" as defined by the pension system. The stories told by ex-slaves, their witnesses, and the government officials who played a role in the pension process all serve to provide us with a richer understanding of life for newly emancipated African Americans.
The legal crusade of Myra Clark Gaines (1804?--1885) has all the trappings of classic melodrama -- a lost heir, a missing will, an illicit relationship, a questionable marriage, a bigamous husband, and a murder. For a half century the daughter of New Orleans millionaire Daniel Clark struggled to justify her claim to his enormous fortune in a case that captivated the nineteenth-century public. Elizabeth Urban Alexander taps voluminous court records and letters to unravel the twists and turns of Gaines's litigation and reveal the truth behind the mysterious saga of this notorious woman. Myra, the daughter of real estate heir Clark and Zulime Carrière, a beautiful young Frenchwoman, was raised by friends of Clark and kept ignorant of her real parentage until 1832, when she discovered her true lineage in letters among her foster father's papers. She thereupon returned to Louisiana with tales of a lost will and a secret marriage between Clark and Carrière and claimed to be Clark's missing heir. Was Myra the legitimate daughter of the prominent merchant or the "fruit of an adulterous union?" The courts would decide. The Great Gaines Case wound its tortuous path through the United States legal system from 1834 until 1891. It was considered by the U.S. Supreme Court seventeen times and pursued even after Gaines's death by lawyers trying to recoup fees. By courageously bringing her case to the courtroom and doggedly keeping it there, Alexander asserts, Gaines helped instigate a new type of family law that provided special protection of women, children, and marriages. Though Gaines never recovered more than a tiny fraction of the rumored millions, this riveting chronicle of her struggle for legitimacy and legacy as told by Elizabeth Urban Alexander is a gold mine for anyone interested in legal history, women's studies, or a good yarn superbly spun.
Focusing on Seventeenth-Century English political philosophy and Nineteenth-Century American culture, Mark Kann challenges the widely-held view that American political institutions are grounded in the primacy of individualism. Liberal thinkers have long been concerned that men are too passionate and selfish to exercise individual rights without causing social chaos. Kann demonstrates how a desperate search to answer the man question began to revolutionize gender relations He examines "the other liberal tradition in America" which downplays the value of individualism, elevates the ongoing significance of an "engendered civic virtue," and incorporates classical republicanism into the fabric of modern political discourse. The author traces the cultural conditioning of the white middle class that produced the ideal of self-sacrificing wives whose lives were devoted to creating a haven for their husbands and a school of virtue for their sons. Upon leaving home, these young men were to be schooled in manliness in the military in order to be capable of assuming positions of power as they were vacated by their fathers’ generation. Thus, in the norms of fatherhood, fraternity, womanhood, and militarism, the male’s individualism was conditioned with a strong dose of civic virtue.
A Judgment for Solomon tells the story of the d'Hauteville case, a controversial child custody battle fought in 1840. It uses the story of one couple's bitter fight over their son to explore some timebound and timeless features of American legal culture. In a narrative analysis, it recounts how marital woes led Ellen and Gonzalve d'Hauteville into what Alexis de Tocqueville called the 'shadow of the law'. Their multiple legal experiences culminated in an eagerly followed Philadelphia trial that sparked a national debate over the legal rights and duties of mothers and fathers, and husbands and wives. The story of the d'Hauteville case explains why popular trials become 'precedents of legal experience' - mediums for debates about highly contested social issues. It also demonstrates the ability of individual women and men to contribute to legal change by turning to the law to fight for what they want.
