Law, Gender, and Injustice

A Legal History of U.S. Women

Author: Joan Hoff

Publisher: NYU Press

ISBN: 0814735096

Category: Law

Page: 558

View: 7746

In 1782, J. Hector St. John de Crèvecoeur wrote, “What then, is the American, this new man? He is an American, who, leaving behind him all his ancient prejudices and manners, receives new ones from the new mode of life he has embraced.” In casting aside their European mores, these pioneers, de Crèvecoeur implied, were the very embodiment of a new culture, society, economy, and political system. But to what extent did manliness shape early America's character and institutions? And what roles did race, ethnicity, and class play in forming masculinity? Thomas A. Foster and his contributors grapple with these questions in New Men, showcasing how colonial and Revolutionary conditions gave rise to new standards of British American manliness. Focusing on Indian, African, and European masculinities in British America from earliest Jamestown through the Revolutionary era, and addressing such topics that range from slavery to philanthropy, and from satire to warfare, the essays in this anthology collectively demonstrate how the economic, political, social, cultural, and religious conditions of early America shaped and were shaped by ideals of masculinity. Contributors: Susan Abram, Tyler Boulware, Kathleen Brown, Trevor Burnard, Toby L. Ditz, Carolyn Eastman, Benjamin Irvin, Janet Moore Lindman, John Gilbert McCurdy, Mary Beth Norton, Ann Marie Plane, Jessica Choppin Roney, and Natalie A. Zacek.

Essays in the History of Canadian Law

Quebec and the Canadas

Author: George Blaine Baker,Donald Fyson

Publisher: University of Toronto Press

ISBN: 1442670061

Category: History

Page: 608

View: 303

The essays in this volume deal with the legal history of the Province of Quebec, Upper and Lower Canada, and the Province of Canada between the British conquest of 1759 and confederation of the British North America colonies in 1867. The backbone of the modern Canadian provinces of Ontario and Quebec, this geographic area was unified politically for more than half of the period under consideration. As such, four of the papers are set in the geographic cradle of modern Quebec, four treat nineteenth-century Ontario, and the remaining four deal with the St. Lawrence and Great Lakes watershed as a whole. The authors come from disciplines as diverse as history, socio-legal studies, women’s studies, and law. The majority make substantial use of second-language sources in their essays, which shade into intellectual history, social and family history, regulatory history, and political history.

The Common Law in Colonial America

Volume I: The Chesapeake and New England 1607-1660

Author: William E. Nelson

Publisher: Oxford University Press

ISBN: 0199886857

Category: History

Page: 216

View: 7711

Drawing on groundbreaking and overwhelmingly extensive research into local court records, The Common Law in Colonial America proposes a "new beginning" in the study of colonial legal history, as it charts the course of the common law in Early America, to reveal how the models of law that emerged differed drastically from that of the English common law. In this first volume, Nelson explores how the law of the Chesapeake colonies--Virginia and Maryland--differed from the New England colonies--Massachusetts Bay, Connecticut, New Haven, Plymouth, and Rhode Island--and looks at the differences between the colonial legal systems within the two regions, from their initial settlement until approximately 1660.

Women's Agency in Early Modern Britain and the American Colonies

Author: Rosemary O'Day

Publisher: Routledge

ISBN: 1317886305

Category: History

Page: 504

View: 3272

Women in early modern Britain and colonial America were not the weak husband- and father-dominated characters of popular myth. Quite the reverse, strong women were the norm. They exercised considerable influence as important agents in the social, economic, religious and cultural life of their societies. This book shows how women on both sides of the Atlantic, while accepting a patriarchal system with all its advantages and disadvantages, contrived to carve out for themselves meaningful lives. Unusually it concentrates not only on the making and meaning of marriage, but also upon the partnership between men and women. It also looks at the varied roles – cultural, religious and educational – that women played both inside and outside marriage during the key period 1500-1760. Women emerge as partners, patrons, matchmakers, investors and network builders.

Rediscovering the British World

Author: Phillip Alfred Buckner,R. Douglas Francis

Publisher: University of Calgary Press

ISBN: 155238179X

Category: History

Page: 445

View: 9014

The essays presented in this collection consider a wide range of cultural, social and intellectual topics specific to British History from the mid-19th to the mid-20th century. The book attempts to show the centrality of the Empire in the history of various nations created by the British diaspora overseas. It examines numerous topics relating to British history, including the history of the old self-governing Dominions -- Canada, South Africa, New Zealand and Australia -- and seeks to uncover the true nature of how British Imperial history has been written. Rejecting a nostalgic point of view, these essays written by leaders in the field, are cast in a critical light asking the reader to evaluate the historiographical context of British history.

A Companion to American Legal History

Author: Sally E. Hadden,Alfred L. Brophy

Publisher: John Wiley & Sons

ISBN: 1118533763

Category: History

Page: 600

View: 2568

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

In Tender Consideration

Women, Families, and the Law in Abraham Lincoln's Illinois

Author: Daniel W. Stowell

Publisher: University of Illinois Press

ISBN: 9780252027024

Category: History

Page: 239

View: 8568

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. 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.

Within the Plantation Household

Black and White Women of the Old South

Author: Elizabeth Fox-Genovese

Publisher: UNC Press Books

ISBN: 0807864226

Category: Social Science

Page: 563

View: 1290

Documenting the difficult class relations between women slaveholders and slave women, this study shows how class and race as well as gender shaped women's experiences and determined their identities. Drawing upon massive research in diaries, letters, memoirs, and oral histories, the author argues that the lives of antebellum southern women, enslaved and free, differed fundamentally from those of northern women and that it is not possible to understand antebellum southern women by applying models derived from New England sources.

Women and Property

In Early Modern England

Author: Amy Louise Erickson

Publisher: Routledge

ISBN: 1134785577

Category: History

Page: 324

View: 1387

This ground-breaking book reveals the economic reality of ordinary women between the late 16th and early 18th centuries. Drawing on little-known sources, Amy Louise Erickson reconstructs day-to-day lives, showing how women owned, managed and inherited property on a scale previously unrecognised. Her complex and fascinating research, which contrasts the written laws with the actual practice, completely revises the traditional picture of women's economic status in pre-industrial England. Women and Property is essential reading for anyone interested in women, law and the past.

The magic mirror

law in American history

Author: Kermit Hall,Peter Karsten

Publisher: Oxford University Press, USA

ISBN: 9780195081800

Category: Law

Page: 465

View: 7876

Now in a new edition with extensive updates by Peter Karsten, The Magic Mirror chronicles American law from its English origins to the present. It offers comprehensive treatment of twentieth-century developments and sets American law and legal institutions in the broad context of social,economic, and political events, weaving together themes from the history of both constitutional and private law. This edition of The Magic Mirror features additional coverage of resistance to law through U.S. history, the customary law of self-governing bodies, and Native Americans. It also hasupdated coverage for law in society, the legal implications of social change in areas such as criminal justice, the rights of women, blacks, the family, and children. It further examines regional differences in American legal culture, the creation of the administrative and security states, thedevelopment of American federalism, and the rise of the legal profession. The Magic Mirror pays close attention to the evolution of substantive law categories--such as contracts, torts, negotiable instruments, real property, trusts and estates, and civil procedure--and addresses the intellectualevolution of American law, surveying movements such as legal realism and critical legal studies. The authors conclude that over its history American law has been remarkably fluid, adapting in form and substance to each successive generation without ever fully resolving the underlying social andeconomic conflicts that first provoke demands for legal change.

Married Women and the Law

Coverture in England and the Common Law World

Author: Tim Stretton,Krista J. Kesselring

Publisher: McGill-Queen's Press - MQUP

ISBN: 0773590145

Category: Law

Page: 328

View: 9232

Explaining the curious legal doctrine of "coverture," William Blackstone famously declared that "by marriage, husband and wife are one person at law." This "covering" of a wife's legal identity by her husband meant that the greatest subordination of women to men developed within marriage. In England and its colonies, generations of judges, legislators, and husbands invoked coverture to limit married women's rights and property, but there was no monolithic concept of coverture and their justifications shifted to fit changing times: Were husband and wife lord and subject? Master and servant? Guardian and ward? Or one person at law? The essays in Married Women and the Law offer new insights into the legal effects of marriage for women from medieval to modern times. Focusing on the years prior to the passage of the Divorce Acts and Married Women's Property Acts in the late nineteenth century, contributors examine a variety of jurisdictions in the common law world, from civil courts to ecclesiastical and criminal courts. By bringing together studies of several common law jurisdictions over a span of centuries, they show how similar legal rules persisted and developed in different environments. This volume reveals not only legal changes and the women who creatively used or subverted coverture, but also astonishing continuities. Accessibly written and coherently presented, Married Women and the Law is an important look at the persistence of one of the longest lived ideas in British legal history. Contributors include Sara M. Butler (Loyola), Marisha Caswell (Queen’s), Mary Beth Combs (Fordham), Angela Fernandez (Toronto), Margaret Hunt (Amherst), Kim Kippen (Toronto), Natasha Korda (Wesleyan), Lindsay Moore (Boston), Barbara J. Todd (Toronto), and Danaya C. Wright (Florida).

Feminism and the Periodical Press, 1900-1918

Author: Lucy Delap,Maria DiCenzo,Leila Ryan

Publisher: Taylor & Francis

ISBN: 9780415320269

Category: Feminism

Page: 1560

View: 7202

The Edwardian period experienced a particularly vibrant periodical culture, with phenomenal growth in the numbers of titles published that were either aimed specifically at women, or else saw women as a key section of their readership or contributor group. It was an era of political ferment in which a number of 'progressive' traditions were formulated, shaped or abandoned, including socialism, feminism, modernism, empire politics, trade unionism and welfarism. Organized around some of the central themes of political thought and utopian thinking, this impressive collection gathers together classic articles from key periodicals. The set presents a comprehensive sourcebook of readings on Edwardian/Progressive era feminist thought, exploring the intervention of the radical public intellectuals working in these traditions in North America and the UK from 1900-1918.

Slavery and the American South

Author: Winthrop D. Jordan

Publisher: Univ. Press of Mississippi

ISBN: 9781604731996

Category: History

Page: 224

View: 6040

AMERICAN HISTORY -- African American --> In 1900 very few historians were exploring the institution of slavery in the South. But in the next half century, the culture of slavery became a dominating theme in Southern historiography. In the 1970s it was the subject of the first Chancellor's Symposium in Southern History held at the University of Mississippi. Since then, scholarly interest in slavery has proliferated ever more widely. In fact, the editor of this retrospective volume states that since the 1970s "the expansion has resulted in a corpus that has a huge number of components-scores, even hundreds, rather than mere dozens." He states that "no such gathering could possibly summarize all the changes of those twenty-five years." Hence, for the Chancellor Porter L. Fortune Symposium in Southern History in the year 2000, instead of providing historiographical summary, the participants were invited to formulate thoughts arising from their own special interests and experiences. Each paper was complemented by a learned, penetrating reaction. "On balance," the editor avers in his introduction, "reflection about the whole can convey a further sense of the condition of this field of scholarship at the very end of the last century, which was surely an improvement over what prevailed at the beginning." The collection of papers includes the following: "Logic and Experience: Thomas Jefferson's Life in the Law" by Annette Gordon-Reed, with commentary by Peter S. Onuf; "The Peculiar Fate of the Bourgeois Critique of Slavery" by James Oakes, with commentary by Walter Johnson; "Reflections on Law, Culture, and Slavery" by Ariela Gross, with commentary by Laura F. Edwards; "Rape in Black and White: Sexual Violence in the Testimony of Enslaved and Free Americans" by Norrece T. Jones, Jr., with commentary by Jan Lewis; "The Long History of a Low Place: Slavery on the South Carolina Coast, 1670-1870" by Robert Olwell, with commentary by William Dusinberre; "Paul Robeson and Richard Wright on the Arts and Slave Culture" by Sterling Stuckey, with commentary by Roger D. Abrahams. Winthrop D. Jordan is William F. Winter Professor of History and professor of African American studies at the University of Mississippi. His previous books include White Over Black: American Attitudes toward the Negro, 1550-1812 and The White Man's Burden: Historical Origins of Racism in the United States, and his work has been published in the Atlantic Monthly, Daedalus, and the Journal of Southern History, among other periodicals.

Marginalizing Access to the Sustainable Food System

An Examination of Oakland's Minority Districts

Author: Camille Tuason Mata

Publisher: University Press of America

ISBN: 0761860541

Category: Social Science

Page: 168

View: 2227

This book is a comprehensive analysis of the barriers and opportunities confronting minority communities’ ability to access healthy, fresh foods. Mata uses three minority districts in Oakland—Chinatown, Fruitvale, and West Oakland—to examine the patterns of marginalization in relation to the sustainable food system of the California Bay Area.

Early Modern Conceptions of Property

Author: John Brewer,Susan Staves

Publisher: Psychology Press

ISBN: 9780415153140

Category: Business & Economics

Page: 599

View: 8142

Early Modern Conceptions of Property draws together distinguished academics from a variety of disciplines, including law, economics, politics, art history, social history, and literature, in order to consider fundamental issues of property in the early modern period. Presenting diverse original historical and literary case studies in a sophisticated theoretical framework, it offers a challenge to conventional interpretations. The articles address classic issues of property theory: how can private ownership of natural resources be justified? Is it possible to reconcile the rights of property owners backed by state power and the rights of the propertyless to life and liberty? Ought the state to limit or deny ownership rights in certain things, such as slaves, babies, animals? What constraints, if any, should be placed on the power to transmit assets through inheritance? These crucial debates now have renewed urgency and relevance as in the United States and western Europe state constraints on private ownership are being newly challenged from the political right, and as eastern Europe and the former Soviet Union move toward market economies. Early Modern Conceptions of Property concentrates these issues in an exciting international collection.

Women, Crime, and Forgiveness in Early Modern Portugal

Author: Darlene Abreu-Ferreira

Publisher: Ashgate Publishing, Ltd.

ISBN: 1472442334

Category: History

Page: 250

View: 7204

Looking at the experiences of women in early modern Portugal in the context of crime and forgiveness, this study demonstrates the extent to which judicial and quasi-judicial records can be used to examine the implications of crime in women’s lives, whether as victims or culprits. The foundational basis for this study is two sets of manuscript sources that highlight two distinct yet connected experiences of women as participants in the criminal process. One consists of a collection of archival documents from the first half of the seventeenth century, a corpus called 'querelas,' in which formal accusations of criminal acts were registered. This is a rich source of information not only about the types of crimes reported, but also the process that plaintiffs had to follow to deal with their cases. The second primary source consists of a sampling of documents known as the ‘perdão de parte.’ The term refers to the victim’s pardon, unique to the Iberian Peninsula, which allowed individuals implicated in serious conflicts to have a voice in the judicial process. By looking at a sample of these pardons, found in notary collections from the sixteenth and seventeenth centuries, Abreu-Ferreira is able to show the extent to which women exercised their agency in a legal process that was otherwise male-dominated.

The Legal Property Relations of Married Parties

A Study in Comparative Legislation

Author: Isidor Loeb

Publisher: The Lawbook Exchange, Ltd.

ISBN: 1584774215

Category: Law

Page: 197

View: 3289

Loeb, Isidor. The Legal Property Relations of Married Parties: A Study in Comparative Legislation. New York: Columbia University Press, 1900. 197 pp. Reprint available September 2004 by The Lawbook Exchange, Ltd. ISBN 1-58477-421-5. Cloth. $80. * A title in Columbia's important series Studies in History, Economics and Public Law, this monograph is based on a doctoral thesis in jurisprudence written under the direction of E.R.A. Seligman and Frederick Hicks. Using examples from late-nineteenth century American and European legislation and codes, Loeb examines how industrial capitalism, urbanization and new ideas about the status of women and children during the late nineteenth century affected the field of matrimonial property relations, one of the oldest and most conservative areas of the law. His general observations are followed by detailed sections on changes in the areas of marriage and legal capacity, matrimonial property systems and the succession of married parties.