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The law governing family relationships has changed dramatically in the past one hundred years. This book is a study of the pressures and processes which led.
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The book draws extensively on published and unpublished materials, shows the factors which have influenced change and seeks to put the law fully into its social and historical context. He was a practising solicitor in the City of London from his graduation until He has served on a number of official Committees dealing with legal matters. Visit Seller's Storefront. Its business address is E.

Family law in the twentieth century: a history

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American Law in the Twentieth Century

About this Item Item may show signs of shelf wear. Ultimately, constant disobedience of the law rendered it unsustainable. The third category of noncompliant couples were those seeking to evade state eugenic laws by marrying out-of-state. Black-white intermarriage is the fifth form of matrimonial misconduct Kuby explores.

Family law in the twentieth century : a history - Semantic Scholar

Here he examines situations in which the disapproving family or friends of an interracial couple could successfully push for annulment of the marriage on the grounds of fraud and deceit relating to the race of the black spouse. A recurring theme is the way that divergent rules in different states were used by couples to effectuate their strong desire to be wed. The behavior was often strategic on the part of those desiring the marriage and those seeking to provide the service, as marriage mills would form in one state for out-of-state clientele, be shut down, and pop up again in another state eager for the business.

Time and again we see out-of-state couples seeking to evade rules on wait times before obtaining a marriage license or having to post banns at home where friends and family might object and intervene, circumventing eugenic clearance procedures in their home state, or avoiding rules relating to minimum periods between divorce and remarriage. Love always finds a way.

It has lots of loopholes, too.

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That very real sense of successful persistence comes through, as against conservative legal forces which seemed to be more successful at moving a problem around than really solving it. The law often had only limited effect. Initiatives to organize uniform marriage law were largely unsuccessful. A rising divorce rate seemed to be impervious to anything anyone was doing about elopements and remarriage wait times. Yet still people desired the legitimacy marriage provided and were willing to go to great lengths to obtain it.

The highlight of the book is probably the Epilogue in which Kuby explains how marriage has been systematically privileged in American law and society as the ideal form of social organization, ironically reinforced by those engaged in different types of conjugal misconduct as they sought legitimacy for their unions. Kuby argues that this privileging has stigmatized single life and other forms of human connection.

But ultimately the biggest victor in these crises is the institution of marriage itself. This is an important insight, very much on display in the late twentieth-century same-sex marriage debate, which Kuby deftly analyzes. The ultimate aim?