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Excerpt from Children of Illegitimate Birth Whose Mothers Have Kept Their Custody It is difficult to follow the records of any considerable number of children who have been separated from their mothers in early in fancy, but studies of infant mortality rates tell the tragic story of the uneven chance for life itself that babies born out of wedlock have in contrast with those born in wedlock. A number of instances are found of suitable placements in foster homes, where the child's inter ests have been protected. Instances are found, too, of unsuitable placements that have worked much injury to helpless children. Adoption laws in most States fail to safeguard even those children who are accepted by foster parents with full legal responsibility.1 It has been possible to obtain records of children whose custody has been retained by their mothers, because certain institutions and agencies that advocate the plan of keeping children of illegitimate birth with their mothers and that have insisted on it in many cases, have kept in touch with the children thus provided for and have been able to supply information as to its results. Study of the origin of institutions and agencies rendering service to the unmarried mother reveals reasons for the development of the two distinct types of policies. Practically all except those of recent origin were established with one of two motives: The spiritual recla mation of women who were immoral or the protection of women who sought to conceal their maternity. Many of the latter type were commercial institutions operated for profit. That the child may be a factor in holding the mother to the path Of rectitude is Obvious. About the Publisher Forgotten Books publishes hundreds of thousands of rare and classic books. Find more at www.forgottenbooks.com This book is a reproduction of an important historical work. Forgotten Books uses state-of-the-art technology to digitally reconstruct the work, preserving the original format whilst repairing imperfections present in the aged copy. In rare cases, an imperfection in the original, such as a blemish or missing page, may be replicated in our edition. We do, however, repair the vast majority of imperfections successfully; any imperfections that remain are intentionally left to preserve the state of such historical works.
"This is a conceptually innovative book which expands the meaning of motherhood to include mothers 'without child'; it is also a compassionate political book which refuses the boundary between 'good enough' and 'bad' mothers. Mother Without Child is an engaging, witty, and provocative literary study which should fascinate anyone who is interested in mothering or in looking for new ways to talk about motherhood without erasing some women's experience or dividing mothers from each other."--Sara Ruddick, author of Maternal Thinking: Toward a Politics of Peace "Hansen positions her study in a genuinely new space . . . taboo ground, which demands not only a great deal of courage to address, but also enormous intelligence and insight. Hansen is up to this task. . . hers is a pioneer study that will have a significant impact on the ways that non-procreative motherhood is discussed and understood." --Madelon Sprengnether, author of The Spectral Mother: Freud, Feminism, and Psychoanalysis "Since the beginnings of the second wave of feminism in the 1960s, feminist scholars have been obsessed with motherhood. Mother Without Child takes us to the next stage in this fascinated and fascinating exploration. Through illuminating readings of contemporary stories of thwarted motherhood, Hansen challenges the persistent and constraining definitions of the good and even the good-enough mother. She enjoins us to listen to the moving, devastating, and often inspiring stories of mothers who survive the loss of their children and she urges us to find there not the angry voices of feminist daughters who cannot forgive their patriarchal mothers, but alternative stories of a different maternity that can lead us to alternative plots and visions of women's lives. We need this book."--Marianne Hirsch, author of The Mother/Daughter Plot: Narrative, Psychoanalysis, Feminism "A careful, committed, and freshly clarifying voice. Hansen's graceful prose and finely interwoven explorations are much needed at this time. Through readings of contemporary fiction, she enriches our vocabulary for discussing the overdetermined topic of motherhood and deepens our understanding of both its psychological and contemporary political dimensions. Mother Without Child is a book for historians and social scientists as well as literary scholars."--Laura Doyle, author of Bordering on the Body: The Racial Matrix of Modern Fiction and Culture
The legal situation of the women of ancient Rome was extremely complex, and - since there was no sharp distinction between free woman, freedwoman and slave - the definition of their legal position is often heard. Basing her lively analysis on detailed study of literary and epigraphic material, Jane F. Gardner explores the provisions of the Roman laws as they related to women. Dr Gardner describes the ways in which the laws affected women throughout their lives - in families, as daughters, wives and parents; as heiresses and testators; as owners and controllers of property; and as workers. She looks with particular attention at the ways in which the strict letter of the law came to be modified, softened, circumvented, and even changed, pointing out that the laws themselves tell us as much about the economic situation of women and the range of opportunities available to them outside the home.
'God's Joust, God's Justice' provides a vista of the major debates over law and religion in the West, enabling readers to proceed toward a more integrated understanding of the foundational elements of modern democracy.
A comprehensive social history of families and family law in twentieth-century America Inside the Castle is a comprehensive social history of twentieth-century family law in the United States. Joanna Grossman and Lawrence Friedman show how vast, oceanic changes in society have reshaped and reconstituted the American family. Women and children have gained rights and powers, and novel forms of family life have emerged. The family has more or less dissolved into a collection of independent individuals with their own wants, desires, and goals. Modern family law, as always, reflects the brute social and cultural facts of family life. The story of family law in the twentieth century is complex. This was the century that said goodbye to common-law marriage and breach-of-promise lawsuits. This was the century, too, of the sexual revolution and women's liberation, of gay rights and cohabitation. Marriage lost its powerful monopoly over legitimate sexual behavior. Couples who lived together without marriage now had certain rights. Gay marriage became legal in a handful of jurisdictions. By the end of the century, no state still prohibited same-sex behavior. Children in many states could legally have two mothers or two fathers. No-fault divorce became cheap and easy. And illegitimacy lost most of its social and legal stigma. These changes were not smooth or linear—all met with resistance and provoked a certain amount of backlash. Families took many forms, some of them new and different, and though buffeted by the winds of change, the family persisted as a central institution in society. Inside the Castle tells the story of that institution, exploring the ways in which law tried to penetrate and control this most mysterious realm of personal life.
In Women and Property Rights in Indonesian Islamic Contexts, eight scholars of Indonesian Islam examine women’s access to property in law courts and in village settings. The authors draw on fieldwork from across the archipelago to analyse how judges and ordinary people apply interpretations of law, religion, and gender in deliberating and deciding in property disputes that arise at moments of marriage, divorce, and death. The chapters go beyond the world of legal and scriptural texts to ask how women in fact fare in these contexts. Women’s capabilities and resources in Indonesia, the world’s largest Muslim society and one with distinctive traditions of legal and social life, provides a critical knowledge base for advancing our understanding of the social life of Islamic law. Contributors: Nanda Amalia, John R. Bowen, Tutik Hamidah, Abidin Nurdin, Euis Nurlaelawati, Arskal Salim, Rosmah Tami & Atun Wardatun.
For Your Own Good, the contemporary classic exploring the serious if not gravely dangerous consequences parental cruelty can bring to bear on children everywhere, is one of the central works by Alice Miller, the celebrated Swiss psychoanalyst. With her typically lucid, strong, and poetic language, Miller investigates the personal stories and case histories of various self-destructive and/or violent individuals to expand on her theories about the long-term affects of abusive child-rearing. Her conclusions—on what sort of parenting can create a drug addict, or a murderer, or a Hitler—offer much insight, and make a good deal of sense, while also straying far from psychoanalytic dogma about human nature, which Miller vehemently rejects. This important study paints a shocking picture of the violent world—indeed, of the ever-more-violent world—that each generation helps to create when traditional upbringing, with its hidden cruelty, is perpetuated. The book also presents readers with useful solutions in this regard—namely, to resensitize the victimized child who has been trapped within the adult, and to unlock the emotional life that has been frozen in repression.
This book contains selected contributions presented during the workshop “Establishing Filiation: Towards a Social Definition of the Family in Islamic and Middle Eastern Law?”, which was convened in Beirut, Lebanon in November 2017. Filiation is a multifaceted concept in Muslim jurisdictions. Beyond its legal aspect, it encompasses the notion of inclusion and belonging, thereby holding significant social implications. Being the child of someone, carrying one’s father’s name, and inheriting from both parents form important pillars of personal identity. This volume explores filiation (nasab) and alternative forms of a full parent-child relationship in Muslim jurisdictions. Eleven country reports ranging from Morocco to Malaysia examine how maternal and paternal filiation is established – be it by operation of the law, by the parties’ exercise of autonomy, such as acknowledgement, or by scientific means, DNA testing in particular – and how lawmakers, courts, and society at large view and treat children who fall outside those legal structures, especially children born out of wedlock or under dubious circumstances. In a second step, alternative care schemes in place for the protection of parentless children are examined and their potential to recreate a legal parent-child relationship is discussed. In addition to the countr y-specific analyses included in this book, three further contributions explore the subject matter from perspectives of premodern Sunni legal doctrine, premodern Shiite legal doctrine and the private international law regimes of contemporary Arab countries. Finally, a comparative analysis of the themes explored is presented in the synopsis at the end of this volume. The book is aimed at scholars in the fields of Muslim family law and comparative family law and is of high practical relevance to legal practitioners working in the area of international child law. Nadjma Yassari is Leader of the Research Group “Changes in God’s Law: An Inner-Islamic Comparison of Family and Succession Law” at the Max Planck Institute for Comparative and International Private Law while Lena-Maria Möller is a Senior Research Fellow at the Max Planck Institute and a member of the same Research Group. Marie-Claude Najm is a Professor in the Faculty of Law and Political Science at Saint Joseph University of Beirut in Lebanon and Director of the Centre of Legal Studies and Research for the Arab World (CEDROMA).