BiblioVault - Books about Illegitimacy

BASTARDS AND FOUNDLINGS

ILLEGITIMACY IN EIGHTEENTH-CENTURY ENGLAND

LISA ZUNSHINE

The Ohio State University Press, 2005

In this compelling interdisciplinary study of what has been called the "century of illegitimacy," Lisa Zunshine seeks to uncover the multiplicity of cultural meanings of illegitimacy in the English Enlightenment. Bastards and Foundlings pits the official legal views on illegitimacy against the actual everyday practices that frequently circumvented the law; it reconstructs the history of social institutions called upon to regulate illegitimacy, such as the London Foundling Hospital; and it examines a wide array of novels and plays written in response to the same concerns that informed the emergence and functioning of such institutions. By recreating the context of the national preoccupation with bastardy, with a special emphasis on the gender of the fictional bastard/foundling, Zunshine offers new readings of "canonical" texts, such as Steele's The Conscious Lovers, Defoe's Moll Flanders, Fielding's Tom Jones, Moore's The Foundling, Colman's The English Merchant, Richardson's Clarissa and Sir Charles Grandison, Burney's Evelina, Smith's Emmeline, Edgewort's Belinda, and Austen's Emma, as well as of less well-known works, such as Haywood's The Fortunate Foundlings, Shebbeare's The Marriage Act, Bennett's The Beggar Girl and Her Benefactors, and Robinson's The Natural Daughter.

[more]

Children of Fate

Childhood, Class, and the State in Chile, 1850–1930

Nara B. Milanich

Duke University Press, 2009

In modern Latin America, profound social inequalities have persisted despite the promise of equality. Nara B. Milanich argues that social and legal practices surrounding family and kinship have helped produce and sustain these inequalities. Tracing families both elite and plebeian in late-nineteenth- and early-twentieth-century Chile, she focuses on a group largely invisible in Latin American historiography: children. The concept of family constituted a crucial dimension of an individual’s identity and status, but also denoted a privileged set of gendered and generational dependencies that not all people could claim. Children of Fate explores such themes as paternity, illegitimacy, kinship, and child circulation over the course of eighty years of Chile’s modern history to illuminate the ways family practices and ideologies powerfully shaped the lives of individuals as well as broader social structures.

Milanich pays particular attention to family law, arguing that liberal legal reforms wrought in the 1850s, which left the paternity of illegitimate children purposely unrecorded, reinforced not only patriarchal power but also hierarchies of class. Through vivid stories culled from judicial and notarial sources and from a cache of documents found in the closet of a Santiago orphanage, she reveals how law and bureaucracy helped create an anonymous underclass bereft of kin entitlements, dependent on the charity of others, and marginalized from public bureaucracies. Milanich also challenges the recent scholarly emphasis on state formation by highlighting the enduring importance of private, informal, and extralegal relations of power within and across households. Children of Fate demonstrates how the study of children can illuminate the social organization of gender and class, liberalism, law, and state power in modern Latin America.

[more]

French Revolutionary Legislation on Illegitimacy, 1789-1804

Crane Brinton

Harvard University Press

Illegitimacy in Renaissance Florence

Thomas Kuehn

University of Michigan Press, 2002

As far back as Jacob Burckhardt, illegitimate children have been considered advantaged, insofar as they lacked family obligations. Celebrated Renaissance figures such as Petrarch, Boccaccio, Alberti, and da Vinci were born illegitimately. Of course, their status put these children at a legal and a social disadvantage that was nearly impossible to overcome in usual circumstances. Illegitimacy in Renaissance Florence is the first systematic study of a population of illegitimate children--in this case in the city often seen at the heart of Renaissance politics and culture, Florence.
The Florentine catasto, a fiscal survey of households taken at several points in the fifteenth century, locates hundreds of illegitimate children and reveals a great deal about their household circumstances and parentage. Supplementing this information are notarial documents and family account books. Illegitimacy in Renaissance Florence places Florentine illegitimate children in a complete legal context, culminating in examination of several Florentine legal cases. Thomas Kuehn shows how lawyers were called on to cope with and make legal sense of the actions and prejudices of Florentines toward their illegitimate kin.
It is clear, in its simplest terms, that illegitimacy in Florence was a permanent, if not fixed, status. Most illegitimate children, especially girls, were abandoned; infanticide was undoubtedly practiced. But even those children raised by benevolent fathers and granted legitimation always remained "legitimatus" and not "legitimus." Florentines whose illegitimate paternity was admitted were overwhelmingly born of elite fathers but poor or servile mothers. In neither social nor legal terms did the illegitimate share fully in the personhood of the legitimate adult male Florentine citizen. Still, ambiguities of status could be useful for those with sufficient wealth and social standing to exploit their potential.
Illegitimacy in Renaissance Florence will appeal to social historians of Europe, medieval and early modern, especially those concerned with family life, women, and children, as well as all those interested in Florentine history. Legal historians will find it useful as well.
Thomas Kuehn is Professor of History, Clemson University.

[more]