Framing American Divorce


Book Description

Framing American Divorce is a boldly innovative exploration of the multiple meanings of divorce in American life during the formative years of both the nation and its law, roughly 1770 to 1870. Drawing on a wide array of sources, Basch enriches and complicates our understanding of the development of divorce law by telling her story from three discrete but overlapping perspectives. In "Rules" she tracks the broad public debate and legislation over the appropriate grounds for and long-term consequences of divorce. "Mediations" shifts to a close-up analysis of the way ordinary women and men tested the rules in the county courts. And "Representations" charts the spiraling imagery of divorce through stories that made their way into American popular culture.




A History of Marriage


Book Description

What does the "tradition of marriage" really look like? In A History of Marriage, Elizabeth Abbott paints an often surprising picture of this most public, yet most intimate, institution. Ritual of romance, or social obligation? Eternal bliss, or cult of domesticity? Abbott reveals a complex tradition that includes same-sex unions, arranged marriages, dowries, self-marriages, and child brides. Marriage—in all its loving, unloving, decadent, and impoverished manifestations—is revealed here through Abbott's infectious curiosity.




A History of American Law


Book Description

Renowned legal historian Lawrence Friedman presents an accessible and authoritative history of American law from the colonial era to the present day. This fully revised fourth edition incorporates the latest research to bring this classic work into the twenty-first century. In addition to looking closely at timely issues like race relations, the book covers the changing configurations of commercial law, criminal law, family law, and the law of property. Friedman furthermore interrogates the vicissitudes of the legal profession and legal education. The underlying theory of this eminently readable book is that the law is the product of society. In this way, we can view the history of the legal system through a sociological prism as it has evolved over the years.




A Companion to American Legal History


Book Description

A Companion to American Legal History presents a compilation of the most recent writings from leading scholars on American legal history from the colonial era through the late twentieth century. Presents up-to-date research describing the key debates in American legal history Reflects the current state of American legal history research and points readers in the direction of future research Represents an ideal companion for graduate and law students seeking an introduction to the field, the key questions, and future research ideas




American Child Bride


Book Description

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.







Black Litigants in the Antebellum American South


Book Description

In the antebellum Natchez district, in the heart of slave country, black people sued white people in all-white courtrooms. They sued to enforce the terms of their contracts, recover unpaid debts, recuperate back wages, and claim damages for assault. They sued in conflicts over property and personal status. And they often won. Based on new research conducted in courthouse basements and storage sheds in rural Mississippi and Louisiana, Kimberly Welch draws on over 1,000 examples of free and enslaved black litigants who used the courts to protect their interests and reconfigure their place in a tense society. To understand their success, Welch argues that we must understand the language that they used--the language of property, in particular--to make their claims recognizable and persuasive to others and to link their status as owner to the ideal of a free, autonomous citizen. In telling their stories, Welch reveals a previously unknown world of black legal activity, one that is consequential for understanding the long history of race, rights, and civic inclusion in America.




Sexual Violence and American Slavery


Book Description

It is impossible to separate histories of sexual violence and the enslavement of Black women in the antebellum South. Rape permeated the lives of all who existed in that system: Black and white, male and female, adult and child, enslaved and free. Shannon C. Eaves unflinchingly investigates how both enslaved people and their enslavers experienced the systematic rape and sexual exploitation of bondswomen and came to understand what this culture of sexualized violence meant for themselves and others. Eaves mines a wealth of primary sources including autobiographies, diaries, court records, and more to show that rape and other forms of sexual exploitation entangled slaves and slave owners in battles over power to protect oneself and one's community, power to avenge hurt and humiliation, and power to punish and eliminate future threats. By placing sexual violence at the center of the systems of power and culture, Eaves shows how the South's rape culture was revealed in enslaved people's and their enslavers' interactions with one another and with members of their respective communities.




Faithful Republic


Book Description

Despite constitutional limitations, the points of contact between religion and politics have deeply affected all aspects of American political development since the founding of the United States. Within partisan politics, federal institutions, and movement activism, religion and politics have rarely been truly separate; rather, they are two forms of cultural expression that are continually coevolving and reconfiguring in the face of social change. Faithful Republic explores the dynamics between religion and politics in the United States from the early twentieth century to the present. Rather than focusing on the traditional question of the separation between church and state, this volume touches on many other aspects of American political history, addressing divorce, civil rights, liberalism and conservatism, domestic policy, and economics. Together, the essays blend church history and lived religion to fashion an innovative kind of political history, demonstrating the pervasiveness of religion throughout American political life. Contributors: Lila Corwin Berman, Edward J. Blum, Darren Dochuk, Lily Geismer, Alison Collis Greene, Matthew S. Hedstrom, David Mislin, Bethany Moreton, Andrew Preston, Bruce J. Schulman, Molly Worthen, Julian E. Zelizer.




Women and the U.S. Constitution


Book Description

Women and the U.S. Constitution is about much more than the nineteenth amendment. This provocative volume incorporates law, history, political theory, and philosophy to analyze the U.S. Constitution as a whole in relation to the rights and fate of women. Divided into three parts—History, Interpretation, and Practice—this book views the Constitution as a living document, struggling to free itself from the weight of a two-hundred-year-old past and capable of evolving to include women and their concerns. Feminism lacks both a constitutional theory as well as a clearly defined theory of political legitimacy within the framework of democracy. The scholars included here take significant and crucial steps toward these theories. In addition to constitutional issues such as federalism, gender discrimination, basic rights, privacy, and abortion, Women and the U.S. Constitution explores other issues of central concern to contemporary women—areas that, strictly speaking, are not yet considered a part of constitutional law. Women's traditional labor and its unique character, and women and the welfare state, are two examples of topics treated here from the perspective of their potentially transformative role in the future development of constitutional law.