Reconstructing the Household: Families, Sex, and the Law in the Nineteenth-Century South

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PREFACE
The catalyst for this study was a very simple observation. Thumbing through the pages of antebellum statutory codes from some of the southern states, I was surprised to find that chapters on the law of what was called "domestic relations" often included not only the headings "husband and wife," "parent and child," and "guardian and ward," but also "master and slave.'' 1 As I puzzled over the meaning of this arrangement, it struck me that southern lawmakers had organized the statutes in this fashion because they did not consider these sets of social relations as isolated categories but as intrinsically connected. If this was so, then these connections deserved a closer look. What was the impact of slavery, I wondered, on the rules and regulations governing relations between husbands and wives as well as between parents and children? What changes did the end of slavery bring about in the law of domestic relations? How did the legacy of slavery continue to shape legal attitudes toward women, children, and families after its demise?

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