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This pioneering study redefines women's history in the United States by focusing on civic obligations rather than rights. Looking closely at thirty telling cases from the pages of American legal history, Kerber's analysis reaches from the Revolution, when married women did not have the same obligation as their husbands to be "patriots," up to the present, when men and women, regardless of their marital status, still have different obligations to serve in the Armed Forces.
An original and compelling consideration of American law and culture, No Constitutional Right to Be Ladies emphasizes the dangers of excluding women from other civic responsibilities as well, such as loyalty oaths and jury duty. Exploring the lives of the plaintiffs, the strategies of the lawyers, and the decisions of the courts, Kerber offers readers a convincing argument for equal treatment under the law.
- Sales Rank: #367682 in Books
- Brand: Brand: Hill and Wang
- Published on: 1998-08-20
- Original language: English
- Number of items: 1
- Dimensions: 1.49" h x 6.43" w x 9.32" l,
- Binding: Hardcover
- 352 pages
- Used Book in Good Condition
Amazon.com Review
In the second half of the 20th century, "rights talk," characteristic of political and legal discourse in the United States, has been forcefully invoked by minorities and women in their respective quests for equal treatment under the law. In No Constitutional Right to Be Ladies, University of Iowa history professor Linda K. Kerber looks at the other side of the rights equation: the issue of obligations. Kerber argues that while men's rights have been bought by their obligations to public service, for women the obligations were to family. Absolution from public service--the constitutional right to be "ladies"--has clear roots in the principle of coverture, by which a woman's legal identity is absorbed by a man's, be it her father, husband, or other protector. This, Kerber writes, is not a boon for women. Women have always had obligations, she notes, it is merely "the forms and objects of demand" that have differed, and disparities between the obligations of men and women have affected women's qualitative ability to exercise rights, such as trial by a jury of one's peers. Kerber presents a series of narratives focusing on particular women whose situations became catalysts for political and legal change and the women, like Ruth Bader Ginsburg, who helped effect those transformations. No Constitutional Right to Be Ladies is engrossing reading for layperson and scholar alike. --Julia Riches
From Publishers Weekly
Abby and Julia Smith, two 19th-century women who challenged their obligation to pay taxes because they were denied the vote, are among the many extraordinary women portrayed in this fascinating history by the author of Women of the Republic and Toward an Intellectual History of Women. In invoking such figures, Kerber illustrates the development of American law defining women's civic obligations from Revolutionary times to the present. Beginning with the distasteful common law doctrine of coverture, Kerber, a history professor at the University of Iowa, describes how the law, past and present, has shielded women from civic obligations otherwise exacted from men. Kerber finds that coverture, which reduced women's civic identities to those of their husbands, "camouflage[d] practices that made them more vulnerable to other forms of public and private power." With this insight, she links women's exemption from civic duties such as jury or military service to the denial of women's civic rights, such as suffrage, a jury of her peers, aid, citizenship, property, even her body. Backing this thoughtful analysis, Kerber presents meticulous research in a nonideological and lively manner. In each of Kerber's discussions of specific civic obligations and rights, she depicts a process of continuous evolution. By combining careful analysis of the law with examples of women challenging the status quo, Kerber offers a unique and powerful history of the continuing struggle for equality.
Copyright 1998 Reed Business Information, Inc.
From Library Journal
This is a groundbreaking legal and intellectual history of Americans' changing understanding of the obligations of women as citizens from Revolutionary times to the present. In five lengthy chapters, Kerber (history, Univ. of Iowa; Toward an Intellectual History of Women, LJ 4/15/97) examines the obligations of loyalty, avoidance of vagrancy, payment of taxes, jury duty, and military service. She demonstrates that women have experienced these obligations differently from men, owing in part to the English heritage of coverture in which a married woman's legal identity was subsumed by that of her husband and in which obligation to the husband overrode obligations to the state. As women's rights to property, suffrage, and control of their bodies were established, the question of their civic duties was raised and the nature of these duties redefined. Not a straightforward narrative of progress, this is instead a complex set of stories of court cases and legal decisions that circle back on one another even as questions of women's privileges and exclusion persist. Recommended for academic libraries and legal and women's history collections.ALilith R. Kunkel, Salem Campus Lib., Kent State Univ. Lib., Salem,
Copyright 1998 Reed Business Information, Inc.
Most helpful customer reviews
0 of 0 people found the following review helpful.
if you want to know how we got to here
By Mel Meerian
This is informative book about how the Constitutional law has been constructed in regards to female citizenry. It is an academic book, by a historian about law history and its alignment with women's rights as citizens. If you want to wrap your brain around the history of law and women as citizens, this is a solid resource.
9 of 10 people found the following review helpful.
Another great book from Kerber -
By A Customer
I have read a lot of women's and Constitutional history, and still my jaw literally dropped open several times while reading this book. Her use of real scenarios made the book readable and enjoyable. People have said lately that we are focused too much on our rights and not our responsibilities; it's scary to see that whether women must bear the responsibilities of citizenship is still in many ways an open question.
8 of 9 people found the following review helpful.
Readable, well documented and informative
By A Customer
I'm definately interested in reading and understanding more about the situation women face today. This book was an incredibly informative education on the evolution of debate about what exactly is a woman's place in society. It helped clarify vague confusion I've felt about things being not yet fully equal, but not having the background or vocabulary to explain why.
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