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Reconstructing The Household

Author: Peter W. Bardaglio
Publisher: Univ of North Carolina Press
ISBN: 0807860212
Size: 21.93 MB
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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.

American Marriage

Author: Priscilla Yamin
Publisher: University of Pennsylvania Press
ISBN: 0812206649
Size: 14.97 MB
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As states across the country battle internally over same-sex marriage in the courts, in legislatures, and at the ballot box, activists and scholars grapple with its implications for the status of gays and lesbians and for the institution of marriage itself. Yet, the struggle over same-sex marriage is only the most recent political and public debate over marriage in the United States. What is at stake for those who want to restrict marriage and for those who seek to extend it? Why has the issue become such a national debate? These questions can be answered only by viewing marriage as a political institution as well as a religious and cultural one. In its political dimension, marriage circumscribes both the meaning and the concrete terms of citizenship. Marriage represents communal duty, moral education, and social and civic status. Yet, at the same time, it represents individual choice, contract, liberty, and independence from the state. According to Priscilla Yamin, these opposing but interrelated sets of characteristics generate a tension between a politics of obligations on the one hand and a politics of rights on the other. To analyze this interplay, American Marriage examines the status of ex-slaves at the close of the Civil War, immigrants at the turn of the twentieth century, civil rights and women's rights in the 1960s, and welfare recipients and gays and lesbians in the contemporary period. Yamin argues that at moments when extant political and social hierarchies become unstable, political actors turn to marriage either to stave off or to promote political and social changes. Some marriages are pushed as obligatory and necessary for the good of society, while others are contested or presented as dangerous and harmful. Thus political struggles over race, gender, economic inequality, and sexuality have been articulated at key moments through the language of marital obligations and rights. Seen this way, marriage is not outside the political realm but interlocked with it in mutual evolution.

Halls Of Honor

Author: Robert F. Pace
Publisher: LSU Press
ISBN: 0807138738
Size: 45.37 MB
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A powerful confluence of youthful energies and entrenched codes of honor enlivens Robert F. Pace's look at the world of male student college life in the antebellum South. Through extensive research into records, letters, and diaries of students and faculty from more than twenty institutions, Pace creates a vivid portrait of adolescent rebelliousness struggling with the ethic to cultivate a public face of industry, respect, and honesty. These future leaders confronted authority figures, made friends, studied, courted, frolicked, drank, gambled, cheated, and dueled -- all within the established traditions of their southern culture. For the sons of southern gentry, college life presented a variety of challenges, including engaging with northern professors and adjusting to living away from home and family. The young men extended the usual view of higher education as a bridge between childhood and adulthood, innovatively creating their own world of honor that prepared them for living in the larger southern society. Failure to obtain a good education was a grievous breach of honor for them, and Pace skillfully weaves together stories of student antics, trials, and triumphs within the broader male ethos of the Old South. When the Civil War erupted, many students left campus to become soldiers, defend their families, and preserve a way of life. By war's end, the code of honor had waned, changing the culture of southern colleges and universities forever. Halls of Honor represents a significant update of E. Merton Coulter's 1928 classic work, College Life in the Old South, which focused on the University of Georgia. Pace's lively study will widen the discussion of antebellum southern college life for decades to come.

A Legal History Of The Civil War And Reconstruction

Author: Laura F. Edwards
Publisher: Cambridge University Press
ISBN: 1316239713
Size: 68.68 MB
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Although hundreds of thousands of people died fighting in the American Civil War, perhaps the war's biggest casualty was the nation's legal order. A Legal History of the Civil War and Reconstruction explores the implications of this major change by bringing legal history into dialogue with the scholarship of other historical fields. Federal policy on slavery and race, particularly the three Reconstruction amendments, are the best-known legal innovations of the era. Change, however, permeated all levels of the legal system, altering Americans' relationship to the law and allowing them to move popular conceptions of justice into the ambit of government policy. The results linked Americans to the nation through individual rights, which were extended to more people and, as a result of new claims, were reimagined to cover a wider array of issues. But rights had limits in what they could accomplish, particularly when it came to the collective goals that so many ordinary Americans advocated.

Sex And Punishment

Author: Eric Berkowitz
Publisher: Counterpoint Press
ISBN: 1619020785
Size: 26.35 MB
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The “raging frenzy” of the sex drive, to use Plato’s phrase, has always defied control. However, that’s not to say that the Sumerians, Victorians, and every civilization in between and beyond have not tried, wielding their most formidable weapon: the law. At any given point in time, some forms of sex were condoned while others were punished mercilessly. Jump forward or backward a century or two (and often far less than that), and the harmless fun of one time period becomes the gravest crime in another. Judging Desire tells the story of the struggle throughout the millennia to regulate the most powerful engine of human behavior. Writer and lawyer Eric Berkowitz uses flesh-and-blood cases—much flesh and even more blood—to evoke the entire sweep of Western sex law, from the savage impalement of an Ancient Mesopotamian adulteress to the imprisonment of Oscar Wilde in 1895 for “gross indecency.” The cast of Judging Desire is as varied as the forms taken by human desire itself: royal mistresses, gay charioteers, medieval transvestites, lonely goat-lovers, prostitutes of all stripes, London rent boys. Each of them had forbidden sex, and each was judged—and justice, as Berkowitz shows, rarely had much to do with it. With the light touch of a natural storyteller, Berkowitz spins these tales and more, going behind closed doors to reveal the essential history of human desire.