front cover of The Age of Independence
The Age of Independence
Interracial Unions, Same-Sex Unions, and the Changing American Family
Michael J. Rosenfeld
Harvard University Press, 2007

Michael Rosenfeld offers a new theory of family dynamics to account for the interesting and startling changes in marriage and family composition in the United States in recent years. His argument revolves around the independent life stage that emerged around 1960. This stage is experienced by young adults after they leave their parents' homes but before they settle down to start their own families. During this time, young men and women go away to college, travel abroad, begin careers, and enjoy social independence. This independent life stage has reduced parental control over the dating practices and mate selection of their children and has resulted in a sharp rise in interracial and same-sex unions--unions that were more easily averted by previous generations of parents.

Complementing analysis of newly available census data from the entire twentieth century with in-depth interviews that explore the histories of families and couples, Rosenfeld proposes a conceptual model to explain many social changes that may seem unrelated but that flow from the same underlying logic. He shows, for example, that the more a relationship is transgressive of conventional morality, the more likely it is for the individuals to live away from their family and area of origin.

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Applying Sharia in the West
Facts, Fears and the Future of Islamic Rules on Family Relations in the West
Edited by Maurits S. Berger
Leiden University Press, 2013
Shari’a, the framework of Islamic rules and norms, governs many aspects of human behavior. The contributors to Applying Shari’a in the West examine in depth how Muslims in the West shape their normative behavior on the basis of Shari’a and how Western societies and legal systems react thereto. With its explicit focus on social and family relations, these country and thematic studies provide a timely overview of the current state of Shari’a and outline aspects of possible future developments, studies, and policies.   
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Butterfly, the Bride
Essays on Law, Narrative, and the Family
Carol Weisbrod
University of Michigan Press, 2004
Carol Weisbrod uses a variety of stories to raise important questions about how society, through law, defines relationships in the family. Beginning with a story most familiar from the opera Madame Butterfly, Weisbrod addresses issues such as marriage, divorce, parent-child relations and abuses, and non-marital intimate contact. Each chapter works with fiction or narratives inspired by biography or myth, ranging from the Book of Esther to the stories of Kafka. Weisbrod frames the book with running commentary on variations of the Madame Butterfly story, showing the ways in which fiction better expresses the complexities of intimate lives than does the language of the law.

Butterfly, the Bride looks at law from the outside, using narrative to provide a fresh perspective on the issues of law and social structure---and individual responses to law. This book thoroughly explores relationships between inner and public lives by examining what is ordinarily classified as the sphere of private life---the world of family relationships.
Carol Weisbrod is Ellen Ash Peters Professor of Law at the University of Connecticut. Her other books include The Boundaries of Utopia and Emblems of Pluralism.
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Drawing on Anger
Portraits of U.S. Hypocrisy
Eric J. García
The Ohio State University Press, 2018
Drawing on Anger: Portraits of U.S. Hypocrisy is a collection of Eric J. García’s most unabashed political cartoons about U.S. history and politics from 2004 to the present. They offer a scathing indictment of Republicans, Democrats, and the self-proclaimed greatest country on earth. Garcia reconstructs pivotal moments in history—such as U.S. complicity in the disappearance of forty-three Mexican students, genocide and torture in Iraq, and femicide along the U.S.—Mexico border—and reflects on the larger themes of anti-immigration laws, global imperialism, veterans affairs, and the conquest of the Americas. His cartoons are equally critical of both political parties and of both the United States and Mexico–lobbing criticism and satire in every direction.
 
For over a decade García has been serving up inked visuals with the sharpest of political critiques through a Chicano lens. If you’re looking for funny punch lines, these aren’t the cartoons for you. But if you want to pull down Uncle Sam’s pants and see what’s really going on, this is your book.
 
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Edwardian Stories of Divorce
Janice Hubbard Harris
Rutgers University Press, 1996

Much as abortion in the United States today is a contentious issue used for scripting women's roles and potential  into the national agenda, divorce was an issue dividing England in the Edwardian era. According to Janice Harris, anything and everything, from illicit sex and family values to the Garden of Eden, wrath of children, poverty of women, nature of cruelty, scandal of America, threat of Germany, and future of England were part of the debate over divorce. Living under marriage laws far more restrictive than those of their Protestant neighbors, Edwardian women and men campaigned for reform with a barrage of compelling stories. Organizing her analysis around three major sources of narrative on divorce––the Sunday papers, the Report of the Royal Commission on Divorce and Matrimonial causes, and the novel––Harris uncovers a war of words and a competition of tales. In raising questions about the winners, losers, and spoils, Harris expands our understanding of the history of divorce, the wars between the sexes, and the political import of those wars.

In the end, she presents a complex and lively story herself, one that illuminates battles over marriage and divorce taking place in our own era as well. This humane book on a long-neglected subject marks an important contribution to narrative studies and Edwardian history.

 

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The Fall and Rise of Freedom of Contract
F. H. Buckley, ed.
Duke University Press, 1999
Declared dead some twenty-five years ago, the idea of freedom of contract has enjoyed a remarkable intellectual revival. In The Fall and Rise of Freedom of Contract leading scholars in the fields of contract law and law-and-economics analyze the new interest in bargaining freedom.
The 1970s was a decade of regulatory triumphalism in North America, marked by a surge in consumer, securities, and environmental regulation. Legal scholars predicted the “death of contract” and its replacement by regulation and reliance-based theories of liability. Instead, we have witnessed the reemergence of free bargaining norms. This revival can be attributed to the rise of law-and-economics, which laid bare the intellectual failure of anticontractarian theories. Scholars in this school note that consumers are not as helpless as they have been made out to be, and that intrusive legal rules meant ostensibly to help them often leave them worse off. Contract law principles have also been very robust in areas far afield from traditional contract law, and the essays in this volume consider how free bargaining rights might reasonably be extended in tort, property, land-use planning, bankruptcy, and divorce and family law.
This book will be of particular interest to legal scholars and specialists in contract law. Economics and public policy planners will also be challenged by its novel arguments.

Contributors. Gregory S. Alexander, Margaret F. Brinig, F. H. Buckley, Robert Cooter, Steven J. Eagle, Robert C. Ellickson, Richard A. Epstein, William A. Fischel, Michael Klausner, Bruce H. Kobayashi, Geoffrey P. Miller, Timothy J. Muris, Robert H. Nelson, Eric A. Posner, Robert K. Rasmussen, Larry E. Ribstein, Roberta Romano, Paul H. Rubin, Alan Schwartz, Elizabeth S. Scott, Robert E. Scott, Michael J. Trebilcock

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The Family in Greek History
Cynthia B. Patterson
Harvard University Press, 2001

The family, Cynthia Patterson demonstrates, played a key role in the political changes that mark the history of ancient Greece. From the archaic society portrayed in Homer and Hesiod to the Hellenistic age, the private world of the family and household was integral with and essential to the civic realm.

Early Greek society was rooted not in clans but in individual households, and a man's or woman's place in the larger community was determined by relationships within those households. The development of the city-state did not result in loss of the family's power and authority, Patterson argues; rather, the protection of household relationships was an important element of early public law. The interaction of civic and family concerns in classical Athens is neatly articulated by the examples of marriage and adultery laws. In law courts and in theater performances, violation of marital relationships was presented as a public danger, the adulterer as a sexual thief. This is an understanding that fits the Athenian concept of the city as the highest form of family. The suppression of the cities with the ascendancy of Alexander's empire led to a new resolution of the relationship between public and private authority: the concept of a community of households, which is clearly exemplified in Menander's plays. Undercutting common interpretations of Greek experience as evolving from clan to patriarchal state, Patterson's insightful analysis sheds new light on the role of men and women in Greek culture.

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Family, Law, and Community
Supporting the Covenant
Margaret F. Brinig
University of Chicago Press, 2010

In the wake of vast social and economic changes, the nuclear family has lost its dominance, both as an ideal and in practice. Some welcome this shift, while others see civilization itself in peril—but few move beyond ideology to develop a nuanced understanding of how families function in society. In this provocative book, Margaret F. Brinig draws on research from a variety of disciplines to offer a distinctive study of family dynamics and social policy.

Concentrating on legal reform, Brinig examines a range of subjects, including cohabitation, custody, grandparent visitation, and domestic violence. She concludes that conventional legal reforms and the social programs they engender ignore social capital: the trust and support given to families by a community. Traditional families generate much more social capital than nontraditional ones, Brinig concludes, which leads to clear rewards for the children. Firmly grounded in empirical research, Family, Law, and Community argues that family policy can only be effective if it is guided by an understanding of the importance of social capital and the advantages held by families that accrue it.

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Family Law Matters
Katherine O'Donovan
Pluto Press, 1993

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Family Law Reimagined
Jill Elaine Hasday
Harvard University Press, 2014

One of the law’s most important and far-reaching roles is to govern family life and family members. Family law decides who counts as kin, how family relationships are created and dissolved, and what legal rights and responsibilities come with marriage, parenthood, sibling ties, and other family bonds. Yet despite its significance, the field remains remarkably understudied and poorly understood both within and outside the legal community.

Family Law Reimagined is the first book to evaluate the canonical narratives, examples, and ideas that legal decisionmakers repeatedly invoke to explain family law and its governing principles. These stories contend that family law is exclusively local, that it repudiates market principles, that it has eradicated the imprint of common law doctrines which subordinated married women, that it is dominated by contract rules permitting individuals to structure their relationships as they choose, and that it consistently prioritizes children’s interests over parents’ rights. In this book, Jill Elaine Hasday reveals how family law’s canon misdescribes the reality of family law, misdirects attention away from the actual problems that family law confronts, and misshapes the policies that legal authorities pursue. She demonstrates how much of the “common sense” that decisionmakers expound about family law actually makes little sense.

Family Law Reimagined uncovers and critiques the family law canon and outlines a path to reform. Challenging conventional answers and asking questions that judges and lawmakers routinely overlook, it calls on us to reimagine family law.

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front cover of From Contract to Covenant
From Contract to Covenant
Beyond the Law and Economics of the Family
Margaret F. Brinig
Harvard University Press, 2000

This book is the first systematic account of the law and economics of the family. It explores the implications of economics for family law—divorce, adoption, breach of promise, surrogacy, prenuptial agreements, custody arrangements—and its limitations.

Before a family forms, prospective partners engage in a kind of market activity that involves searching and bargaining, for which the economic analysis of contract law provides useful insights. Once a couple marries, the individuals become a family and their decisions have important consequences for other parties, especially children. As a result, the state and community have vital interests in the family.

Although it may be rational to breach a contract, pay damages, and recontract when a better deal comes along, this practice, if applied to family relationships, would make family life impossible—as would the regular toting up of balances between the partners. So the book introduces the idea of covenant to consider the role of love, trust, and fidelity, concepts about which economic analysis and contract law have little to offer, but feminist thought has a great deal to add. Although families do break up, children of divorce are still bound to their parents and to each other in powerful ways.

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Gender, Religion, and Family Law
Theorizing Conflicts between Women’s Rights and Cultural Traditions
Edited by Lisa Fishbayn Joffe and Sylvia Neil
Brandeis University Press, 2012
In many regions of the world, rights guaranteed under the civil law, including rights to gender equality within marriage and rights in the distribution of family property and child custody upon divorce, are in conflict with the principles of religious law. Women’s rights issues are often at the heart of these tensions, which present pressing challenges for theorists, lawyers, and policymakers. This anthology brings together leading scholars and activists doing innovative work in Jewish law, Muslim law, Christian law, and African customary law. Using examples drawn from a variety of nations and religions, they interrogate the utility of recent theoretical models for engaging with gender and multicultural conflicts, explore contextual differences, and analyze and celebrate stories of successful initiatives that have transformed legal and cultural norms to improve women’s lives.
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Homesteads Ungovernable
Families, Sex, Race, and the Law in Frontier Texas, 1823-1860
By Mark M. Carroll
University of Texas Press, 2001

When he settled in Mexican Texas in 1832 and began courting Anna Raguet, Sam Houston had been separated from his Tennessee wife Eliza Allen for three years, while having already married and divorced his Cherokee wife Tiana and at least two other Indian "wives" during the interval. Houston's political enemies derided these marital irregularities, but in fact Houston's legal and extralegal marriages hardly set him apart from many other Texas men at a time when illicit and unstable unions were common in the yet-to-be-formed Lone Star State.

In this book, Mark Carroll draws on legal and social history to trace the evolution of sexual, family, and racial-caste relations in the most turbulent polity on the southern frontier during the antebellum period (1823-1860). He finds that the marriages of settlers in Texas were typically born of economic necessity and that, with few white women available, Anglo men frequently partnered with Native American, Tejano, and black women. While identifying a multicultural array of gender roles that combined with law and frontier disorder to destabilize the marriages of homesteaders, he also reveals how harsh living conditions, land policies, and property rules prompted settling spouses to cooperate for survival and mutual economic gain. Of equal importance, he reveals how evolving Texas law reinforced the substantial autonomy of Anglo women and provided them material rewards, even as it ensured that cross-racial sexual relationships and their reproductive consequences comported with slavery and a regime that dispossessed and subordinated free blacks, Native Americans, and Tejanos.

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Incest and Influence
The Private Life of Bourgeois England
Adam Kuper
Harvard University Press, 2009

Like many gentlemen of his time, Charles Darwin married his first cousin. In fact, marriages between close relatives were commonplace in nineteenth-century England, and Adam Kuper argues that they played a crucial role in the rise of the bourgeoisie.

Incest and Influence shows us just how the political networks of the eighteenth-century aristocracy were succeeded by hundreds of in-married bourgeois clans—in finance and industry, in local and national politics, in the church, and in intellectual life. In a richly detailed narrative, Kuper deploys his expertise as an anthropologist to analyze kin marriages among the Darwins and Wedgwoods, in Quaker and Jewish banking families, and in the Clapham Sect and their descendants over four generations, ending with a revealing account of the Bloomsbury Group, the most eccentric product of English bourgeois endogamy.

These marriage strategies were the staple of novels, and contemporaries were obsessed with them. But there were concerns. Ideas about incest were in flux as theological doctrines were challenged. For forty years Victorian parliaments debated whether a man could marry his deceased wife’s sister. Cousin marriage troubled scientists, including Charles Darwin and his cousin Francis Galton, provoking revolutionary ideas about breeding and heredity.

This groundbreaking study brings out the connection between private lives, public fortunes, and the history of imperial Britain.

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Intimate Associations
The Law and Culture of American Families
J. Herbie DiFonzo and Ruth C. Stern
University of Michigan Press, 2013

The rise in divorce, cohabitation, single parenthood, and same-sex partnerships, along with an increase in surrogacy, adoption, and assisted reproductive technologies, has led to many diverse configurations of families, or intimate associations. J. Herbie DiFonzo and Ruth C. Stern chart these trends over the past several decades and investigate their social, legal, and economic implications.

Drawing upon a wealth of social science data, they show that, by a number of measures, children of married parents fare better than children in a household formed by cohabiting adults. This is not to condemn nontraditional families, but to point out that society and the law do not yet adequately provide for their needs. The authors applaud the ways in which courts and legislatures are beginning to replace rigid concepts of marriage and parenthood with the more flexible concept of “functional” family roles. In the conclusion, they call for a legal system that can adapt to the continually changing reality of family life.

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Legislating the French Family
Feminism, Theater, and Republican Politics: 1870-1920
Pedersen, Jean E
Rutgers University Press, 2003
Legislating the French Family examines family law reform in France from the foundation of the Third Republic in 1870 to the aftermath of World War I in 1920. Combining literary and historical approaches, Jean Elisabeth Pedersen provides a unique perspective on the political culture of modern France, analyzing French "problem" plays and their reception both as a measure of public opinion and as a force for social change. This new approach reveals the complex cultural narratives within, against, and in spite of which feminists, journalists, medical experts, playwrights, and politicians contended. Pedersen’s work demonstrates how republican political debates over divorce, illegitimacy, abortion, and birth control both provoked and responded to larger arguments about the meanings of French citizenship, national identity, and imperial expansion. She argues that these debates complicated the idea of French citizenship, exposed the myth of the supposedly ungendered individual citizen, and reveal to us the intricate intersections among conflicts over family law, sexual politics, class structure, religious belief, republican citizenship, national identity, and imperial policy.
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Private Lives
Families, Individuals, and the Law
Lawrence M. Friedman
Harvard University Press, 2004

What is a family? Grandparents, mom, dad, and kids around a Thanksgiving turkey? An egg mother, a womb mother, a sperm donor, and their mutual child? Two gay men caring for their adopted son? In this provocative essay, a leading American legal historian argues that laws about family are increasingly laws about individuals and their right to make their own, sometimes contentious, choices.

Drawing on many revealing and sometimes colorful court cases of the past two centuries, Private Lives offers a lively short history of the complexities of family law and family life--including the tensions between the laws on the books and contemporary arrangements for marriage, divorce, adoption, and child rearing. Informal common-law marriage was once widely accepted as a means to regularize property arrangements, but it declined as the state asserted its authority to dictate who could marry and reproduce. In the twentieth century, state attempts to control private life were swept away, most famously in the creation of "no-fault" divorce, a system in which laws that made divorce nearly unattainable were circumvented.

Private life, the author argues, as a legitimate sphere, was once basically confined to life in nuclear families; but the modern law of "privacy" extends the accepted zone of intimate relations. The omnipresence of the media and our fascination with celebrity test the boundaries of public and private life. Meanwhile, laws about cohabitation and civil unions, among others, suggest that family and commitment, in their many forms, remain powerful ideals.

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The Queerness of Home
Gender, Sexuality, and the Politics of Domesticity after World War II
Stephen Vider
University of Chicago Press, 2021
Vider uncovers how LGBTQ people reshaped domestic life in the postwar United States.

From the Stonewall riots to the protests of ACT UP, histories of queer and trans politics have almost exclusively centered on public activism. In The Queerness of Home, Stephen Vider turns the focus inward, showing that the intimacy of domestic space has been equally crucial to the history of postwar LGBTQ life.

Beginning in the 1940s, LGBTQ activists looked increasingly to the home as a site of connection, care, and cultural inclusion. They struggled against the conventions of marriage, challenged the gendered codes of everyday labor, reimagined domestic architecture, and contested the racial and class boundaries of kinship and belonging. Retelling LGBTQ history from the inside out, Vider reveals the surprising ways that the home became, and remains, a charged space in battles for social and economic justice, making it clear that LGBTQ people not only realized new forms of community and culture for themselves—they remade the possibilities of home life for everyone.
 
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Red Eagle's Children
Weatherford vs. Weatherford et al.
Edited by J. Anthony Paredes and Judith Knight
University of Alabama Press, 2012

Red Eagle’s Children presents the legal proceedings in an inheritance dispute that serves as an unexpected window on the intersection of two cultural and legal systems: Creek Indian and Euro-American.

Case 1299: Weatherford vs. Weatherford et al. appeared in the Chancery Court of Mobile in 1846 when William “Red Eagle” Weatherford’s son by the Indian woman Supalamy sued his half siblings fathered by Weatherford with two other Creek women, Polly Moniac and Mary Stiggins, for a greater share of Weatherford’s estate. While the court recognized William Jr. as the son of William Sr., he nevertheless lost his petition for inheritance due to the lack of legal evidence concerning the marriage of his biological mother to William Sr. The case, which went to the Alabama Supreme Court in 1851, provides a record of an attempt to interrelate and, perhaps, manipulate differences in cultures as they played out within the ritualized, arcane world of antebellum Alabama jurisprudence.
 
Although the case has value in the classic mold of salvage ethnography of Creek Indian culture, Red Eagle’s Children, edited by J. Anthony Paredes and Judith Knight, shows that its more enduring value lies in being a source for historical ethnography—that is, for anthropological analyses of cultural dynamics of the past
events that complement the narratives of professional historians.
 
Contributors
David I. Durham / Robbie Ethridge / Judith
Knight / J. Anthony Paredes / Paul M. Pruitt
Jr. / Nina Gail Thrower / Robert Thrower /
Gregory A. Waselkov
 
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The Transformation of Family Law
State, Law, and Family in the United States and Western Europe
Mary Ann Glendon
University of Chicago Press, 1989
Mary Ann Glendon offers a comparative and historical analysis of rapid and profound changes in the legal system beginning in the 1960s in England, France, West Germany, Sweden, and the United States, while bringing new and insightful interpretation and critical thought to bear on the explosion of legislation in the last decade.

"Glendon is generally acknowledged to be the premier comparative law scholar in the area of family law. This volume, which offers an analytical survey of the changes in family law over the past twenty-five years, will burnish that reputation. Essential reading for anyone interested in evaluating the major changes that occurred in the law of the family. . . . [And] of serious interest to those in the social sciences as well."—James B. Boskey, Law Books in Review

"Poses important questions and supplies rich detail."—Barbara Bennett Woodhouse, Texas Law Review

"An impressive scholarly documentation of the legal changes that comprise the development of a conjugally-centered family system."—Debra Friedman, Contemporary Sociology

"She has painted a portrait of the family in which we recognize not only ourselves but also unremembered ideological forefathers. . . . It sends our thoughts out into unexpected adventures."—Inga Markovits, Michigan Law Review

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