In this widely acclaimed landmark study, Joan Hoff illustrates how women remain second- class citizens under the current legal system and questions whether the continued pursuit of equality based on a one-size-fits-all vision of traditional individual rights is really what will most improve conditions for women in America as they prepare for the twenty-first century. Concluding that equality based on liberal male ideology is no longer an adequate framework for improving women's legal status, Hoff's highly original and incisive volume calls for a demystification of legal doctrine and a reinterpretation of legal texts (including the Constitution) to create a feminist jurisprudence.
A Legal History of U.S. Women
Author: Joan Hoff
Publisher: NYU Press
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.
Volume I: The Chesapeake and New England 1607-1660
Author: William E. Nelson
Publisher: Oxford University Press
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.
Quebec and the Canadas
Author: George Blaine Baker,Donald Fyson
Publisher: University of Toronto Press
A meticulously researched and revisionist study of the nineteenth-century Ontario's Married Women's Property Acts. They were important landmarks in the legal emancipation of women.
Author: Anne Lorene Chambers,Osgoode Society for Canadian Legal History
Publisher: University of Toronto Press
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.
Author: Phillip Alfred Buckner,R. Douglas Francis
Publisher: University of Calgary Press
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.
Black and White Women of the Old South
Author: Elizabeth Fox-Genovese
Publisher: UNC Press Books
Category: Social Science
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.
In Early Modern England
Author: Amy Louise Erickson
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).
Coverture in England and the Common Law World
Author: Tim Stretton,Krista J. Kesselring
Publisher: McGill-Queen's Press - MQUP
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.
Author: Lucy Delap,Maria DiCenzo,Leila Ryan
Publisher: Taylor & Francis
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.
Essays and Commentaries
Author: Annette Gordon-Reed,Winthrop D. Jordan
Publisher: Univ. Press of Mississippi
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.
An Examination of Oakland's Minority Districts
Author: Camille Tuason Mata
Publisher: University Press of America
Category: Social Science
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.
Author: Darlene Abreu-Ferreira
Publisher: Ashgate Publishing, Ltd.
In The Claims of Kinfolk, Dylan Penningroth uncovers an extensive informal economy of property ownership among slaves and sheds new light on African American family and community life from the heyday of plantation slavery to the "freedom generation" of the 1870s. By focusing on relationships among blacks, as well as on the more familiar struggles between the races, Penningroth exposes a dynamic process of community and family definition. He also includes a comparative analysis of slavery and slave property ownership along the Gold Coast in West Africa, revealing significant differences between the African and American contexts. Property ownership was widespread among slaves across the antebellum South, as slaves seized the small opportunities for ownership permitted by their masters. While there was no legal framework to protect or even recognize slaves' property rights, an informal system of acknowledgment recognized by both blacks and whites enabled slaves to mark the boundaries of possession. In turn, property ownership--and the negotiations it entailed--influenced and shaped kinship and community ties. Enriching common notions of slave life, Penningroth reveals how property ownership engendered conflict as well as solidarity within black families and communities. Moreover, he demonstrates that property had less to do with individual legal rights than with constantly negotiated, extralegal social ties.
African American Property and Community in the Nineteenth-Century South
Author: Dylan C. Penningroth
Publisher: UNC Press Books
Category: Social Science
Wael B. Hallaq boldly argues that the "Islamic state," judged by any standard definition of what the modern state represents, is both impossible and inherently self-contradictory. Comparing the legal, political, moral, and constitutional histories of premodern Islam and Euro-America, he finds the adoption and practice of the modern state to be highly problematic for modern Muslims. He also critiques more expansively modernity's moral predicament, which renders impossible any project resting solely on ethical foundations. The modern state not only suffers from serious legal, political, and constitutional issues, Hallaq argues, but also, by its very nature, fashions a subject inconsistent with what it means to be, or to live as, a Muslim. By Islamic standards, the state's technologies of the self are severely lacking in moral substance, and today's Islamic state, as Hallaq shows, has done little to advance an acceptable form of genuine Shari'a governance. The Islamists' constitutional battles in Egypt and Pakistan, the Islamic legal and political failures of the Iranian Revolution, and similar disappointments underscore this fact. Nevertheless, the state remains the favored template of the Islamists and the ulama (Muslim clergymen). Providing Muslims with a path toward realizing the good life, Hallaq turns to the rich moral resources of Islamic history. Along the way, he proves political and other "crises of Islam" are not unique to the Islamic world nor to the Muslim religion. These crises are integral to the modern condition of both East and West, and by acknowledging these parallels, Muslims can engage more productively with their Western counterparts.
Islam, Politics, and Modernity's Moral Predicament
Author: Wael B. Hallaq
Publisher: Columbia University Press
Category: Political Science
"Drawing on central texts of medieval and early modern England, Fowler demonstrates that literary characters are created by assembling social persons from throughout culture. Her perspective allows her to offer strikingly original readings of works by Chaucer, Langland, Skelton, and Spenser, and to reformulate and resolve several classic interpretive problems. In so doing, she reframes accepted notions of the process and the consequences of reading." "Developing insights from law, theology, economic thought, and political philosophy, Fowler's book replaces the traditional view of characters as autonomous individuals with an interpretive approach in which each character is seen as a battle of many archetypes."
The Human Figure in Early English Writing
Author: Elizabeth Fowler
Publisher: Cornell University Press
The Encyclopedia of Social Welfare History in North America is a unique reference book that provides readers with basic information about the history of social welfare in North America, including Canada, Mexico, and the United States. Since many themes and issues are similar in the three nations, entries provide comparative information about common as well as distinctive concerns and developments. Significant events, influential people, legislation, social problems, and societal responses are described in detail. Editors include specialists in the social welfare history of each nation, and they have collaborated with scholars from a variety of academic disciplines to prepare entries of varying length addressing these issues. Included in each entry are suggestions for further reading that will guide readers to the rich resources available for learning about the history of North American social welfare. The Encyclopedia also provides cross-references for important topics.
Author: John M. Herrick,Paul H. Stuart
Publisher: SAGE Publications
Category: Social Science
This singular reference provides an authoritative account of the daily lives of enslaved women in the United States, from colonial times to emancipation following the Civil War. Through essays, photos, and primary source documents, the female experience is explored, and women are depicted as central, rather than marginal, figures in history. • Dozens of photos of former enslaved women • Detailed historical timeline • Numerous rare primary documents, including runaway slave advertisements and even a plantation recipe for turtle soup • Profiles of noted female slaves and their works
Author: Daina Ramey Berry Ph.D.,Deleso A. Alford
Category: Social Science