Man and Wife in America


Book Description

In nineteenth-century America, the law insisted that marriage was a permanent relationship defined by the husband's authority and the wife's dependence. Yet at the same time the law created the means to escape that relationship. How was this possible? And how did wives and husbands experience marriage within that legal regime? These are the complexities that Hendrik Hartog plumbs in a study of the powers of law and its limits. Exploring a century and a half of marriage through stories of struggle and conflict mined from case records, Hartog shatters the myth of a golden age of stable marriage. He describes the myriad ways the law shaped and defined marital relations and spousal identities, and how individuals manipulated and reshaped the rules of the American states to fit their needs. We witness a compelling cast of characters: wives who attempted to leave abusive husbands, women who manipulated their marital status for personal advantage, accidental and intentional bigamists, men who killed their wives' lovers, couples who insisted on divorce in a legal culture that denied them that right. As we watch and listen to these men and women, enmeshed in law and escaping from marriages, we catch reflected images both of ourselves and our parents, of our desires and our anxieties about marriage. Hartog shows how our own conflicts and confusions about marital roles and identities are rooted in the history of marriage and the legal struggles that defined and transformed it.




Labor of Innocents


Book Description

On an autumn day in 1866, Wiley Ambrose and Hepsey Saunders, two former slaves who lived as husband and wife, received a knock at their door. Three men from a plantation in Brunswick County, North Carolina, presented court-ordered apprenticeship papers authorizing the immediate seizure of the couple's daughters, fifteen-year-old Harriet and thirteen-year-old Eliza. After a brief stay in jail with other children, the sisters were sent to work as plantation servants and field hands until age twenty-one. With that startling example, Karin L. Zipf begins Labor of Innocents, the first comprehensive exploration of forced apprenticeship in North Carolina. Zipf refuses to nostalgically view apprenticeship as a benign form of vocational training for children and instead presents irrefutable evidence that the institution existed as a means to control the composition and character of families, to provide alternate sources of cheap labor, and to ensure a white patriarchal social order. Codified by law, involuntary apprenticeship allowed courts not only to define who was an unacceptable parent but also to indenture their children. Disproportionately affected were the poor. Zipf details the continual fluidity of the institution from its colonial origins to its twentieth-century demise. Over two hundred years, the definition of an unfit head of household variously included black men, any woman, and widowed or unmarried white women, depending upon the current social and political agenda of authorities. Parents of both races and sexes challenged the laws vigorously and repeatedly to no effect until progressive reforms ended apprenticeship in 1919 with passage of the Child Welfare Act. An impressive blend of legal, social, and labor history, Labor of Innocents illuminates past concepts of family and the realities families endured.







In Tender Consideration


Book Description

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 The Law Practice of Abraham Lincoln: Complete Documentary Edition, a DVD version of Lincoln's complete legal papers, In 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.




From Bondage to Contract


Book Description

In the era of slave emancipation no ideal of freedom had greater power than that of contract. The antislavery claim was that the negation of chattel status lay in the contracts of wage labor and marriage. Signifying self-ownership, volition, and reciprocal exchange among formally equal individuals, contract became the dominant metaphor for social relations and the very symbol of freedom. This 1999 book explores how a generation of American thinkers and reformers - abolitionists, former slaves, feminists, labor advocates, jurists, moralists, and social scientists - drew on contract to condemn the evils of chattel slavery as well as to measure the virtues of free society. Their arguments over the meaning of slavery and freedom were grounded in changing circumstances of labor and home life on both sides of the Mason-Dixon line. At the heart of these arguments lay the problem of defining which realms of self and social existence could be rendered market commodities and which could not.




Common Law Marriage


Book Description

The extraordinary recent increase in rates of cohabitation and non-marital birth presents a major challenge to traditional family law principles, and the legal rules governing cohabitation are thus among the most hotly contested areas of family law and policy today. In many nations, courts, legislatures, and law-reform bodies are "reinventing" common law marriage, seemingly without any sense of its history, doctrinal development, or limitations. The current law surrounding common law marriage is extremely complex. Professor Göran Lind has undertaken the demanding task of writing the most well-researched text on this topic to date. Separated into three Parts, Common Law Marriage covers the origins of the doctrine, its legal aspects in modern America, and the future of cohabitation law across the globe and in the 11 American jurisdictions that currently recognize common law marriage. It provides a cultural and historical history of the subject, from Ancient Roman Law to Medieval Canon Law, and analyzes over 2,000 American cases which have utilized the doctrine. This timely book is an excellent resource for scholars, legislators, and policymakers who are interested in the complex legalities of common law marriage.