Women and the Constitution

1985 ◽  
Vol 46 ◽  
pp. 10-16
Author(s):  
Joan Hoff-Wilson

Since the drafting of the federal Constitution in 1787, the legal status of women in the United States has passed through four distinct phases and is on the brink of entering a fifth one. In this two-hundred-year period, there has been more change in the last twenty years than in the previous onehundred- and-eighty. Yet, a decade and a half ago scholarly classes about women and the Constitution could not be taught because too little primary research had been conducted in either the new social history with its subfield of women or the latest version of the new legal history with its subfield of sex discrimination.Both subfields reflect the increased interest of historians and lawyers in interdisciplinary research techniques developed in this country and abroad since the 1960s.

2021 ◽  
Vol 45 (1) ◽  
pp. 1-25
Author(s):  
Steven Ruggles

AbstractQuantitative historical analysis in the United States surged in three distinct waves. The first quantitative wave occurred as part of the “New History” that blossomed in the early twentieth century and disappeared in the 1940s and 1950s with the rise of consensus history. The second wave thrived from the 1960s to the 1980s during the ascendance of the New Economic History, the New Political History, and the New Social History, and died out during the “cultural turn” of the late twentieth century. The third wave of historical quantification—which I call the revival of quantification—emerged in the second decade of the twenty-first century and is still underway. I describe characteristics of each wave and discuss the historiographical context of the ebb and flow of quantification in history.


Author(s):  
John B. Nann ◽  
Morris L. Cohen

This introductory chapter provides an overview of legal history research. An attorney might conduct legal history research if the law at question in a legal dispute is very old: the U.S. Constitution and the Bill of Rights are well over two hundred years old. Historical research also comes into play when the question at issue is what the law was at a certain time in the past. Ultimately, law plays an important part in the political and social history of the United States. As such, researchers interested in almost every aspect of American life will have occasion to use legal materials. The chapter then describes the U.S. legal system and legal authority, and offers six points to consider in approaching a historical legal research project.


2019 ◽  
Vol 53 (2) ◽  
pp. 556-563
Author(s):  
JAY GARCIA

Recalling his work as cofounder and contributor toUniversities and Left Review, or the ULR group, in the lead-up to the founding of cultural studies during the 1950s, Stuart Hall noted that much of that work had to do with the United States. “In geopolitical terms we were of course neutralists, hostile to the politics emanating from the State Department in Washington,” Hall wrote, “but culturally we were nonetheless attracted by the vitality of American popular life, indeed to the domain of mass culture itself.” If the ULR group and similar collectives shared an “anxiety about the stupendous power of the booming consumer capitalism of post-war America,” they were also united by an appreciation for the ways the “vitality and raucousness of American culture certainly loosened England's tight-lipped, hierarchical class cultures and carried inside it possibilities – or the collective dream? – for a better future, which we felt was a serious political loss to deny.” Not unrelatedly, by the 1960s and 1970s, cultural studies and certain quarters of American intellectual life were proceeding along comparable tracks. Many American scholars and at least some working in cultural studies moved toward social history that emphasized the “hidden experiences of subordinated groups and classes.” Undertaken in concert with the new social movements of the 1960s and 1970s, this version of social history would ramify widely, furnishing the very questions and analytic habits of many fields, not least American studies.


1973 ◽  
Vol 67 (1) ◽  
pp. 44-62 ◽  
Author(s):  
Günther Doeker ◽  
Klaus Melsheimer ◽  
Dieter Schröder

The present legal status of Berlin after the conclusion on September 3, 1971 of the Quadripartite Agreement between France, the Soviet Union, the United Kingdom, and the United States can only be understood in terms of its own historical development and the context of the international politics of the 1960s. Although any legal and political analysis of divided Germany and Berlin must take into account a period of history dating back to the 1940s, it is assumed here that the essential facts are sufficiently well known to serve as a background for the following analysis.


2005 ◽  
Vol 48 (1) ◽  
pp. 295-303 ◽  
Author(s):  
MARGOT C. FINN

The common law tradition: lawyers, books and the law. By J. H. Baker. London: Hambledon, 2000. Pp. xxxiv+404. ISBN 1-85285-181-3. £40.00.Lawyers, litigation and English society since 1450. By Christopher W. Brooks. London: Hambledon, 1998. Pp. x+274. ISBN 1-85285-156-2. £40.00.Professors of the law: barristers and English legal culture in the eighteenth century. By David Lemmings. Oxford: Oxford University Press, 2000. Pp. xiv+399. ISBN 0-19-820721-2. £50.00.Industrializing English law: entrepreneurship and business organization, 1720–1844. By Ron Harris. Cambridge: Cambridge University Press, 2000. Pp. xvi+331. ISBN 0-521-66275-3. £37.50.Between law and custom: ‘high’ and ‘low’ legal cultures in the lands of the British Diaspora – the United States, Canada, Australia, and New Zealand, 1600–1900. By Peter Karsten. Cambridge: Cambridge University Press, 2002. Pp. xvi+560. ISBN 0-521-79283-5. £70.00.The past few decades have witnessed a welcome expansion in historians' understanding of English legal cultures, a development that has extended the reach of legal history far beyond the boundaries circumscribed by the Inns of Court, the central tribunals of Westminster, and the periodic provincial circuits of their judges, barristers, and attorneys. The publication of J. G. A. Pocock's classic study, The ancient constitution and the feudal law, in 1957 laid essential foundations for this expansion by underlining the centrality of legal culture to wider political and intellectual developments in the early modern period. Recent years have seen social historians elaborate further upon the purchase exercised by legal norms outside the courtroom. Criminal law was initially at the vanguard of this historiographical trend, and developments in this field continue to revise and enrich our understanding of the law's pervasive reach in British culture. But civil litigation – most notably disputes over contracts and debts – now occupies an increasingly prominent position within the social history of the law. Law's empire, denoting the area of dominion marked out by the myriad legal cultures that emanated both from parliamentary statutes and English courts, is now a far more capacious field of study than an earlier generation of legal scholars could imagine. Without superseding the need for continued attention to established lines of legal history, the mapping of this imperial terrain has underscored the imperative for new approaches to legal culture that emphasize plurality and dislocation rather than the presumed coherence of the common law.


2011 ◽  
Vol 36 (02) ◽  
pp. 537-559 ◽  
Author(s):  
Felicia Kornbluh

This essay examines recent scholarship on the legal history of sexuality in the United States. It focuses on Margot Canaday's The Straight State: Sexuality and Citizenship in Modern America (2009) and Marc Stein's Sexual Injustice: Supreme Court Decisions from Griswold to Roe (2010). It also reviews recent work on the history of marriage, including Sarah Barringer Gordon's The Spirit of the Law: Religious Voices and the Constitution in Modern America (2010) and George Chauncey's Why Marriage? The History Shaping Today's Debate Over Gay Equality (2004), and the history of military law Defending America: Military Culture and the Cold‐War Court Martial (2005), by Elizabeth Lutes Hillman. The essay argues that this scholarship is significant because it offers a different view of sex and power than the one derived from the early writing of Michel Foucault. “Queer legal history” treats the liberalism of the 1960s‐1970s as sexually discriminatory as well as liberatory. It underlines the exclusions that were part of public policy under the federal G.I. Bill and the New Deal welfare state.


Author(s):  
John B Nann ◽  
Morris L Cohen

The study of legal history has a broad application that extends well beyond the interests of legal historians. An attorney arguing a case today may need to cite cases that are decades or even centuries old, and historians studying political or cultural history often encounter legal issues that affect their main subjects. Both groups need to understand the laws and legal practices of past eras. Law plays an important part in the political and social history of the United States. As such, researchers interested in almost every aspect of American life will have occasion to use legal materials. The book provides an overview of legal history research, describing the U.S. legal system and legal authority. It is essential reference is intended for the many nonspecialists who need to enter this arcane and often tricky area of research.


2014 ◽  
Vol 46 (2) ◽  
pp. 373-375 ◽  
Author(s):  
Cyrus Schayegh

In scholarship on the Middle East, as on other regions of the world, the sort of social history that climaxed from the 1960s through the 1980s, and in Middle East history through the 1990s—that is, studies of categories such as “class” or “peasant”—has been declining for some time. The cultural history that replaced social history has peaked, too. In the 21st century, the trend, set by non-Middle East historians, has been to combine an updated social-historical focus on structure and groups with a cultural–historical focus on meaning making. Defining societyagainstculture and policing their boundaries is out. In is picking a theme—consumption or travel, say—then studying it from distinct yet linked social and cultural or political/economic angles. This trend has spawned new journals likeCultural and Social History, established in 2004, and has been debated in established journals and memoirs by leading historians of the United States and Europe.


1988 ◽  
Vol 30 (3) ◽  
pp. 534-549 ◽  
Author(s):  
Janet Thomas

In the last few years, work in social history and the history of women has centred on the transition to capitalism and the great bourgeois political revolutions—also variously described as industrialization, urbanisation, and modernisation. Throughout this work runs a steady debate about the improvement or deterioration brought about by these changes in the lives of women and working people. On the whole, sociologists of the 1960s and early 1970s and many recent historians have been optimistic about the changes in women's position, while feminist and Marxist scholars have taken a much more gloomy view.1 There has been little debate between the two sides, yet the same opposed arguments about the impact of capitalism on the status of women crop up not only in accounts of Britain from the seventeenth to the nineteenth century, but also in work on women in the Third World, and cry out for critical assessment.


1983 ◽  
Vol 39 ◽  
pp. 23-23
Author(s):  
Joan Hoff-Wilson

The seminar will explore the historical development surrounding changes in the legal status of women from the colonial period to the present. In addition to specialized readings in constitutional history, video cassettes which analyze aspects of modern case laws affecting contemporary American women will also comprise a segment of the instructional material. Particular attention will be paid to the historical circumstances prompting women reformers to place varying degrees of emphasis upon achieving equality through equity procedures, litigation, amendments to the Constitution and public policy legislation. Bibliographies and techniques for teaching major constitutional issues will be presented and discussed. Topics: equity jurisprudence, dower rights, married womens’ property acts, the Fourteenth Amendment, Supreme Court decisions involving working women, the Nineteenth Amendment, equal and comparable pay, national commissions on women, federal legislation prohibiting sex discrimination in employment and education, divorce and family law, constitutional views on contraception and abortion, the significance of the ERA, treatment of rape victims, sexual harassment on the job.


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