This 2002 book provides a major survey of representations of adultery in later seventeenth- and early eighteenth-century England. Bringing together a wide variety of literary and legal sources - including sermons, pamphlets, plays, diaries, periodicals, trial reports and the records of marital litigation - it documents a growing diversity in perceptions of marital infidelity in this period, against the backdrop of an explosion in print culture and a decline in the judicial regulation of sexual immorality. In general terms the book charts and explains a gradual transformation of ideas about extra-marital sex, whereby the powerfully established religious argument that adultery was universally a sin became increasingly open to challenge. The book charts significant developments in the idiom in which sexually transgressive behaviour was discussed, showing how evolving ideas of civility and social refinement and new thinking about gender difference influenced assessments of immoral behaviour.

At a time when legal and social prohibitions on sexual relationships are declining, Americans are still nearly unanimous in their condemnation of adultery. Over 90 percent disapprove of cheating on a spouse. In her comprehensive account of the legal and social consequences of infidelity, Deborah Rhode explores why. She exposes the harms that criminalizing adultery inflicts, and she makes a compelling case for repealing adultery laws and prohibitions on polygamy. In the twenty-two states where adultery is technically illegal although widely practiced, it can lead to civil lawsuits, job termination, and loss of child custody. It is routinely used to threaten and tarnish public officials and undermine military careers. And running through the history of anti-adultery legislation is a double standard that has repeatedly punished women more severely than men. An “unwritten law” allowing a man to avoid conviction for killing his wife’s lover remained common well into the twentieth century. Murder under these circumstances was considered an act of understandable passion. Adultery has been called the most creative of sins, and novelists and popular media have lavished attention on sexual infidelity. As a focus of serious study, however, adultery has received short shrift. Rhode combines a comprehensive account of the legal and social consequences of adultery with a forceful argument for halting the state’s policing of fidelity.

England is well known as the only Protestant state not to introduce divorce in the sixteenth-century Reformation. Only at the end of the seventeenth century did divorce by private act of parliament become available for a select few men and only in 1857 did the Divorce Act and its creation of judicial divorces extend the possibility more broadly. Aspects of the history of divorce are well known from studies which typically privilege the records of the church courts that claimed a monopoly on marriage. But why did England alone of all Protestant jurisdictions not allow divorce with remarriage in the era of the Reformation, and how did people in failed marriages cope with this absence? One part of the answer to the first question, Kesselring and Stretton argue, and a factor that shaped people's responses to the second, lay in another distinctive aspect of English law: its common-law formulation of coverture, the umbrella term for married women's legal status and property rights. The bonds of marriage stayed tightly tied in post-Reformation England in part because marriage was as much about wealth as it was about salvation or sexuality, and English society had deeply invested in a system that subordinated a wife's identity and property to those of the man she married. To understand this dimension of divorce's history, this study looks beyond the church courts to the records of other judicial bodies, the secular courts of common law and equity, to bring fresh perspective to a history that remains relevant today.

This volume offers a complete listing and description of books published on early America between 2001 and 2005. An extraordinary research tool, Books on Early American History and Culture, 2001-2005: An Annotated Bibliography is part of a series listing materials on the history of North America and the Caribbean from 1492 to 1815. This volume includes monographs, reference works, exhibition catalogs, and essay collections published between 2001 and 2005. Each entry provides the name of the work, its author(s) or editor(s), publisher, date of publication, ISBN and/or OCLC number(s), and the Library of Congress call number. Following each detailed citation, there is a brief summary of the work and a list of journals in which it has been reviewed. Organized thematically, the book covers, among many other topics, exploration and colonization; maritime history; environment; Native Americans; race, gender, and ethnicity; migration; labor and class; business; families; religion; material culture; science; education; politics; and military affairs.

This book explores the history of marriage and marriage-like relationships across five continents from the seventeenth century to the present day. Across fourteen chapters, leading marriage scholars examine how the methodologies from the new history of emotions contribute to our understanding of marriage, seeking to uncover not only personal feeling but also the political and social implications of emotion. They highlight how marriage as an institution has been shaped not just by law and society but also by individual and community choices, desires and emotional values. Importantly, they also emphasize how the history of non-traditional and same-sex relationships and their emotions have long played an important role in determining the nature of marriage as an institution and emotional union. In doing so, this collection allows us to rethink both the past and present of marriage, destabilizing a story of a stable institution and opening it up as a site of contest, debate and feeling.

Innovative and multidisciplinary, this collection of essays marks out the future of Atlantic Studies, making visible the emphases and purposes now emerging within this vital comparative field. The contributors model new ways to understand the unexpected roles that seduction stories and sentimental narratives played for readers struggling to negotiate previously unimagined differences between and among people, institutions, and ideas.

A book that reveals how, where, and when Western attitudes toward sex were revolutionized, and how this has shaped the course of modern history.

The essays in this collection explore representations of and responses to sexual violence over the course of the long eighteenth century. Contributors examine the underlying ideologies that spawned these representations, confronting the social, political, legal and aesthetic conditions of the day.

By accessing penal history through the mediator of individual memory authors can be seen to depict the cumulative dialogue between the English common law and its cultural representations across historical time. Offering legal readings of works by authors including Thomas Hardy, Charles Brockden Brown, Charles Dickens, Samuel Richardson, George MacDonald, Charles Kingsley, Alfred Tennyson, Charlotte Bronte, Robert Browning, Henry Fielding and Sir Walter Scott; this book explores this literary phenomenon and its legal significance during the eighteenth and nineteenth centuries. In doing so it argues that the importance of precedent in Anglo-American common law creates a unique discourse of historical legitimacy that shapes both the cultural and official conceptions of criminality itself during this period. Within a Foucauldian framework, the book illustrates how the cultural memory of crime and punishment contribute to the development of formal and informal penal institutions. Key Features:*Generates a new framework for analysing the relationship between individual and cultural narratives, literary texts, and the cumulative "e;truth"e; created by the common law*Provides three case studies of adultery, child criminality, and rape testimony that demonstrate the impact of cultural narrative on legal development in the eighteenth and nineteenth centuries.*Legal readings of works by authors including Thomas Hardy, Charles Brockden Brown, Charles Dickens, Samuel Richardson, George MacDonald, Charles Kingsley, Alfred Tennyson, Charlotte Bront Robert Browning, Henry Fielding, Sir Walter Scott *Transformative readings of widely read works including Charles Brockden Brown's Wieland and Ormond, Thomas Hardy's Tess of the d'Urbervilles, Charles Kingsley's The Water-Babies, Alfred Tennyson's Idylls of the King, Charlotte Bronts Jayne Eyre, Henry Fielding's The Modern Husband and Sir Walter Scott 's Heart of Midlothian