Early American Family and Legal History: New Ideas

2004 ◽  
Vol 34 (3) ◽  
pp. 435-440 ◽  
Author(s):  
Russell R. Menard

Recent work about the method of family reconstitution and economic history raises serious doubts about the demographic and economic premises that underlie much of the existing scholarship about early American family history. As a result, early American family history—one of the new social history's crowning achievements during the 1960s—is now in disarray. Some scholars see the new microhistorical studies of the colonial family as an effort to sidestep these difficulties by ignoring demographic and materialist perspectives. However, such cultural approaches may well intensify the crisis by challenging the image of the early American family as a loving institution incapable of violent conflict.

1985 ◽  
Vol 10 (4) ◽  
pp. 799-847 ◽  
Author(s):  
Michael Grossberg

This essay argues for the need to study the legal history of the American family. It does so by combining a critique of secondary literature in family and legal history with examples from nineteenth-century domestic relations law. These examples, drawn from family law doctrines on seduction under the cover of a marriage promise, runaway marriages, and bastardy, are used to indicate the benefits of adding a sociocultural dimension to legal history and legal and institutional dimensions to family history. Three main themes in the history of nineteenth-century domestic relations law are developed to make these points: the law's particular fabric of issues, its distribution of authorship, and its chronological development, These themes suggest why a full understanding of the legal history of the American family requires crossing the boundaries between legal and family history.


2006 ◽  
Vol 24 (3) ◽  
pp. 519-558 ◽  
Author(s):  
Chris Briggs

In the last two decades or so, questions of law have moved back to the top of the research agenda in work on medieval English manor courts. This marks a shift away from the 1960s to the mid-1980s, when the historians on both sides of the Atlantic who established the court roll as the pre-eminent source for everyday life in the countryside sought inspiration from the social sciences rather than legal history. The court roll studies published in that period generated much methodological debate about use of these records to study peasants and their communities. Nonetheless, in most of those studies, consideration of the manor court as a legal forum first and foremost, or of the implications of reliance on a legal source to study social and economic history, was secondary to analysis of the data in the rolls. More recently, though, scholars have started once again to look at the court roll from the perspective adopted by Maitland in hisSelect Pleas in Manorial and Other Seigniorial Courts. These historians are concerned with defining and characterizing “customary law”: that is, with the nature and principles of the law applied in manor courts; the extent to which those principles were malleable or unchanging; the relationship between the rulings pronounced in the manor courts and those recorded in other areas of the legal system, most importantly the common law courts; and the machinery of manor courts with respect to procedures, personnel, and record keeping.


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.


1970 ◽  
Vol 44 (1) ◽  
pp. 1-12 ◽  
Author(s):  
Henry Rosovsky ◽  
Kozo Yamamura

Where are the Rockefellers, Carnegies, and Fords of recent Japanese history? Their absence may be explained by a lack of scholarly attention to the areas of entrepreneurship, business organization, and managerial practices. Professors Rosovsky and Yamamura review the historiography of Japan's industrialization and place the five articles in this special issue within the context of recent work in business and economic history.


2016 ◽  
Vol 73 (3) ◽  
pp. 371-390 ◽  
Author(s):  
Douglas C. Libby

This article focuses on the history of an Afro-descendant family over its seven generations in one region of Minas Gerais. Although it is notoriously difficult to trace families founded by slaves, this one is an exception: it has proved possible to trace this family over a century and a half, and with a remarkable level of detail, because its members mostly stayed in one place. The implications of their permanence go beyond mere genealogy or family reconstitution to challenge long-standing historiographical perspectives. Over the years many scholars have agreed that Brazilian colonial and early imperial society was characterized by the near-constant movement of all segments of the population. New frontiers opened by agriculture, ranching, and mining attracted some members of the elite, but also beckoned the less favored with new opportunities. This incessant movement has even been touted as an impediment to the advancement of family history in Brazil.


2019 ◽  
Vol 2 (1) ◽  
pp. 123-135
Author(s):  
Hua Liang

Purpose It is rather common for China’s current academic circles to use western doctrines that originated in situ to explain China’s economic problems, a suspicion of scenario misplacement may thus arise. The root cause lies in the lack of reflection about the current relationship between economic thoughts and realities. The paper aims to discuss these issues. Design/methodology/approach Correctly understanding economic thoughts associated with the brand of “that era” and effectively deducing its characteristics is of great significance to finding new features of this era and constructing new ideas with the characteristics of “this era.” Findings This motif is exactly the keynote on which to base the study of economic history and economic thought. Originality/value In a period of major historical turning points, the economic realities on which the economic thinking about that era (the era of economists) relied was undergoing major changes, and re-emphasizing the ancient topic of the relationship between economic thoughts and economic realities became particularly urgent.


Author(s):  
Michael Ahmed

Eric Schaefer, in his exploration of the American exploitation industry, has argued that exploitation cinema developed in opposition to mainstream Hollywood products. Furthermore, the topics and subject matter presented in early American exploitation films dealt with subjects Hollywood were unwilling to produce. As a result, the production, distribution and exhibition strategies developed by exploitation filmmakers differed markedly from the American mainstream film industry. However, in Britain (amongst critics and scholars) the exploitation film has no similar defining characteristics and is a term that has been applied to a wide variety of British films without regard to their industrial mode of production, distribution or exhibition. As a result, the cultural currency of the British exploitation film, as it is now understood, has no connection to the films they now describe, and often fails to take into account how these films were originally produced, marketed, distributed and exhibited. In the British film industry during the 1960s, the term ‘exploitation’ was used by the industry to refer to a wide variety of films which are now viewed differently by contemporary critics and academics. In other words, the currency of the term exploitation has changed from its original meaning. Therefore, this article is an attempt to reframe the debate around the meaning of the British exploitation film from the 1960s onwards, and to re-evaluate our understanding of the development of British cinema during this period.


2000 ◽  
Vol 18 (1) ◽  
pp. 177-180
Author(s):  
Mary Frances Berry

The five articles in this volume make clear the overriding significance of J. Willard Hurst (1910–1997) to the burgeoning field of U.S. legal history. They leave no doubt as to his contributions to interdisciplinary social science research, to collegial and supportive exchanges with budding scholars, and attest to the overall intellectual breadth and sensitivity of Hurst's scholarly persona.It is indeed true, as these essays conclude, that U.S. legal history in a sense really begins with Hurst. The barren, dry bones and husks on the terrain, before him, made American legal history, an appendage to English legal history, terra incognita for most historians and other scholars. He almost single-handedly made legal experience a necessary part of social and economic history.


2018 ◽  
Vol 48 (5) ◽  
pp. 505-523
Author(s):  
William T. Lynch

Remedios and Dusek have provided a useful contextualization of Steve Fuller’s recent work in social epistemology. While they have provided some good criticisms of some of Fuller’s new ideas, they fail to provide a systematic critique of Fuller’s retreat from a naturalistic and materialist social epistemology for one embracing transhumanism, intelligent design, and the proactionary imperative. An alternative approach is developed, drawing on Fuller’s early work and incorporating recent work on our biological and cultural evolution as a species.


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