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CONCORDIA UNIVERSITY PRESS

FAMILY AND JUSTICE IN THE ARCHIVES

Family and Justice in the Archives

Historical Perspectives on Intimacy and the Law


EDITED BY PETER GOSSAGE AND LISA MOORE

May 2024
$64.95 CAD | $59.95 USD
464 pages | 13 b&w photos and figures | 6 x 9
9781988111438 | Paper
9781988111445 | E-book
   

A collection of essays that use archival records of legal processes to piece together a picture of daily life across varied identities and lived experiences

Legal archives offer extraordinary opportunities for understanding intimacies across time and space. Family and Justice in the Archives presents a series of fascinating historical essays that unpack stories of familial, domestic, and sexual intimacy from the records left behind by legal processes, providing rich new insights about family, gender, race, sex, culture, identity, and daily life.

Contributors examine the written traces left by public proceedings that occurred in legally sanctioned spaces of social regulation, from notaries’ offices to criminal and civil courtrooms to legislatures. Focusing on the past two centuries and spanning five continents, the essays explore a wide range of topics including marriage, citizenship, inheritance, indentured servitude, infanticide, juvenile justice, parental abuse, bigamy, and sex work. Mindful of the ethical questions that arise when scrutinizing the details of people’s most vulnerable moments, these authors also demonstrate how individuals navigated and sometimes challenged legal prescriptions and processes to address systemic imbalances of power.

Family and Justice in the Archives reveals the wealth of detail that emerges from a close reading of documents generated by legal processes in the past, offering valuable new perspectives on the complex personal lives of so-called ordinary people in former times.

Peter Gossage is a professor in the Department of History at Concordia University

Lisa Moore is a PhD candidate in the Department of History at Concordia University

“Sixteen narratives of scintillating detail unveil legal archives from Canada to Australia, South America to Central America, Europe to Africa. The authors share with readers moments of intimacy unmasked in courtrooms—legal power struggles over two centuries of dominance and resistance within families.”
Constance Backhouse, Faculty of Law, University of Ottawa

“This is a strong collection focusing on intimacy, affect, and emotion as viewed through legal archives. The individual stories told by the authors of Family and Justice in the Archives are compelling, moving, and often tragic. The glimpses and contexts of intimacy that they uncover constitute a major strength and unifying force in the collection. And, the narrative approach,  based most often around the histories of specific individuals or kinds of court cases, not only unites the chapters but also makes the issues accessible to a wide audience.
Bettina Bradbury, professor emeritus of history, York University, adjunct professor, Victoria University Wellington, New Zealand

Family and Justice in the Archives uses archival sources generated by law and legal processes as a window into better understanding numerous aspects of intimate life and family relations. Each chapter is clearly, concisely and thoughtfully written, carefully researched, and will be of interest to social and legal historians, as well as scholars interested in colonialism and post-colonialism, gender, immigration and migration, and suitable for use in graduate or honours seminars.”
Christopher Frank, professor of history, University of Manitoba

Foreword    xix
Introduction: Family and Justice in the Archives: Historical Perspectives on Intimacy and the Law  Peter Gossage and Lisa Moore 3
Part 1: Colonial Encounters    23
1 Land Ownership and Inheritance among the Abenaki of Odanak: The Process of Family Reproduction in the Gill Household  Isabelle Bouchard 25
2 Inheritance and the Indian Act: Political Action and Women’s Property on Southern Ontario Indian Reserves, 1857–1900  Chandra Murdoch 43
3 Strangers before the Law: The Intimate Lives of Indian Indentured Labourers in Colonial Mauritius  Riyad Sadiq Koya 63
4 The Materiality and Visuality of Intimacy in a South African Colonial Archive  Lorena Rizzo 85
Part 2: Intergenerational Justice    103
5 Administering Minor Children’s Inheritance: Domestic Authority and Masculinities in Lower Canada, 1825–1835 Jean-Philippe Garneau  105
6 Wayward Daughters and Unnatural Fathers: Generational Conflict, Youth Culture, and Parental Authority in Buenos Aires, 1890–1930 Juandrea Bates  123
7 Unfit and Unworthy: Parental Delinquency in Progressive-Era Juvenile Justice Naama Maor  141
Part 3: Intimacies in the Courtroom    159
8 Intimacies in the Neighbourhood: Revisiting Sex Commerce, Families, and Criminal Court Records in Early Nineteenth-Century Montreal Mary Anne Poutanen  161
9 Improper Intimacies, Impossible Promises, and the Prerogatives of Patriarchy: Family and Justice in Nineteenth-Century Criminal Courts in Canada’s North-West Territories Shelley A.M. Gavigan  181
10 Civil Law, Mental Capacity, and Masculinity in Transnational Context Emma Chilton and James Moran  199
Part 4: Marriage Regulation    217
11 Bigamy Prosecutions in Victoria, Australia: The Press Coverage and the Case Files Mélanie Méthot  219
12 “Quite English, Except by Marriage”: British-Born Wives in Transnational Families in Britain, 1914–1927 Ginger Frost  239
13 The “Moscow Widowers”: Marriage, Citizenship, and the Soviet Wives of British Subjects in the Aftermath of the Second World War Gail Savage  257
Part 5: Everyday Violence    273
14 Suffering for Compassion: Everyday Violence and Infanticide in Ontario, 1820-1920s Jane Nicholas  275
15 Despicable Fathers: Constructing the Image of France’s Poor and Incestuous Pères Infâmes, 1804–1889 Fabienne Giuliani  293
16 Violence against Women, the Law, and Public Opinion in Guatemala Emilee Lord and John Wertheimer  311
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