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When is a de facto authority not entitled to be considered a 'government' for the purposes of International Law? In this book, Brad Roth offers a detailed examination of collective non-recognition of governments.
This title is part of UC Press's Voices Revived program, which commemorates University of California Press’s mission to seek out and cultivate the brightest minds and give them voice, reach, and impact. Drawing on a backlist dating to 1893, Voices Revived makes high-quality, peer-reviewed scholarship accessible once again using print-on-demand technology. This title was originally published in 1975.
Children born out of wedlock were commonly stigmatized as "bastards" in early modern France. Deprived of inheritance, they were said to have neither kin nor kind, neither family nor nation. Why was this the case? Gentler alternatives to "bastard" existed in early modern French discourse, and many natural parents voluntarily recognized and cared for their extramarital offspring.Drawing upon a wide array of archival and published sources, Matthew Gerber has reconstructed numerous disputes over the rights and disabilities of children born out of wedlock in order to illuminate the changing legal condition and practical treatment of extramarital offspring over a period of two and half centuries. Gerber's study reveals that the exclusion of children born out of wedlock from the family was perpetually debated. In sixteenth- and seventeenth-century France, royal law courts intensified their stigmatization of extramarital offspring even as they usurped jurisdiction over marriage from ecclesiastic courts. Mindful of preserving elite lineages and dynastic succession of power, reform-minded jurists sought to exclude illegitimate children more thoroughly from the household. Adopting a strict moral tone, they referred to illegitimate children as "bastards" in an attempt to underscore their supposed degeneracy. Hostility toward extramarital offspring culminated in 1697 with the levying of a tax on illegitimate offspring. Contempt was never unanimous, however, and in the absence of a unified body of French law, law courts became vital sites for a highly contested cultural construction of family. Lawyers pleading on behalf of extramarital offspring typically referred to them as "natural children." French magistrates grew more receptive to this sympathetic discourse in the eighteenth century, partly in response to soaring rates of child abandonment. As costs of "foundling" care increasingly strained the resources of local communities and the state, some French elites began to publicly advocate a destigmatization of extramarital offspring while valorizing foundlings as "children of the state." By the time the Code Civil (1804) finally established a uniform body of French family law, the concept of bastardy had become largely archaic.With a cast of characters ranging from royal bastards to foundlings, Bastards explores the relationship between social and political change in the early modern era, offering new insight into the changing nature of early modern French law and its evolving contribution to the historical construction of both the family and the state.
Studies in the history of illegitimacy and marital nonconformism in Britain, France, Germany, Sweden, North America, Jamaica, and Japan.
The stigmatization as 'bastards' of children born outside of wedlock is commonly thought to have emerged early in Medieval European history. Christian ideas about legitimate marriage, it is assumed, set the standard for legitimate birth. Children born to anything other than marriage had fewer rights or opportunities. They certainly could not become king or queen. As this volume demonstrates, however, well into the late twelfth century, ideas of what made a child a legitimate heir had little to do with the validity of his or her parents' union according to the dictates of Christian marriage law. Instead a child's prospects depended upon the social status, and above all the lineage, of both parents. To inherit a royal or noble title, being born to the right father mattered immensely, but also being born to the right kind of mother. Such parents could provide the most promising futures for their children, even if doubt was cast on the validity of the parents' marriage. Only in the late twelfth century did children born to illegal marriages begin to suffer the same disadvantages as the children born to parents of mixed social status. Even once this change took place we cannot point to 'the Church' as instigator. Instead, exclusion of illegitimate children from inheritance and succession was the work of individual litigants who made strategic use of Christian marriage law. This new history of illegitimacy rethinks many long-held notions of medieval social, political, and legal history.
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.
Legal reasoning, pronouncements of judgment, the design and implementation of statutes, and even constitution-making and discourse all depend on timing. This compelling study examines the diverse interactions between law and time, and provides important perspectives on how law's architecture can be understood through time. The book revisits older work on legal transitions and breaks new ground on timing rules, especially with respect to how judges, legislators and regulators use time as a tool when devising new rules. At its core, The Timing of Lawmaking goes directly to the heart of the most basic of legal debates: when should we respect the past, and when should we make a clean break for the future?
In 1921, despite the passing of legislation intended to ease the consequences of illegitimacy for children (Children of Unmarried Parents Act), reformers in Ontario made no effort to improve the status of unwed mothers. Furthermore, the reforms that were passed served as models for legislation in other provinces and even in some American states, institutionalizing, in essence, the prejudices evident throughout. Until now, historians have not sufficiently studied these measures, resulting in the marginalization of unwed mothers as historical subjects. In Misconceptions, Lori Chambers seeks to redress this oversight. By way of analysis and careful critique, Chambers shows that the solutions to unwed pregnancy promoted in the reforms of 1921 were themselves based upon misconceptions. The book also explores the experiences of unwed mothers who were subjected to the legislation of the time, thus shedding an invaluable light on these formerly ignored subjects. Ultimately, Misconceptions argues that child welfare measures which simultaneously seek to rescue children and punish errant women will not, and cannot, succeed in alleviating child or maternal poverty.
This book aims to explore a number of connected themes relating to compliance, legitimacy and trust in different areas of criminal justice and socio-legal regulation.