Preface
A Note on the Text
Introduction: Illegitimacy and the Political History of the
Family
Part I: Stigmatizing the Bastard
Chapter One: Bastardy in Sixteenth-Century French Legal Doctrine
and Practice
Chapter Two: Jurisprudential Reform of Illegitimacy in
Seventeenth-Century France
Chapter Three: Royal Bastardy & Dynastic Crisis Part II:
Destigmatizing the Natural Child
Chapter Four: State Expansion, Social Practice, and the Quandaries
of Legal Unification
Chapter Five: Redefining Social Interest: The Eighteenth-Century
Foundling Crisis
Chapter Six: Illegitimacy and Legal Change in the French
Enlightenment
Conclusion
Appendix
Notes Bibliography
Index
Matthew Gerber is Assistant Professor of History at the University of Colorado at Boulder.
"Matthew Gerber's account provides a welcome window into the legal
status of children born out of wedlock in Old Regime
France...Gerber sets his account within an important strand of
historiography, one that seeks to examine the relationship between
law and the construction of the early modern state...By looking at
the construction of the household through the lens of those deemed
outside its confines, Gerber's book contributes much to our
understanding of the
household and the family as a political institution."--Christopher
R. Corley, Journal of Modern History
"Impressive first monograph Gerber's work is a good example of the
'new' legal history. His work makes a valuable contribution to
ongoing scholarly debates regarding law, family, and the early
modern state."--American Historical Review
"Gerber provides a complex, compelling account of legal and social
change surrounding illegitimacy in early modern France...[A]
sophisticated, significant work...Highly recommended."--CHOICE
"Gerber shows how the experiences of illegitimate children did not
follow a smooth path of progress from the unenlightened days of the
sixteenth century to the enlightened nineteenth century. Rather, in
demonstrating how attitudes and behavior toward illegitimate
children shifted over several centuries by responding to changing
social and economic conditions, Gerber presents his readers with a
nuanced and enlightening picture of how families responded to
changing times."--Janine Lanza, H-France
"Excavating the diverse legal practices with respect to bastardy in
early modern French law, Matthew Gerber at once reveals how the
multiplicity of legal standards and jurisdictions had positive
cultural functions and how bastardy reflected the changing history
of the family....This study indicates how French society managed
extra-marital sexuality within the family, at law, as a social
problem, within an intellectual scheme, and as an institutional
challenge."--Katherine Crawford, Journal of Family History
"This impressive monograph traces the contested legal status of
children born outside wedlock in the era of French state formation
stretching from the sixteenth century to the Napoleonic Code. But
it does more: Gerber offers a primer on the evolution of French law
and asks fruitful questions about the relationship between legal
practice, intellectual trends and social crises....In tracing the
story of extramarital offspring, Gerber offers a satisfyingly
complex
picture of how legal theory and legal practice played a role in the
broader culture of early modern France, including the culture of
politics...This fine book offers much for historians interested
not
just in family law in early modern France, but also for those
interested in the construction of the early modern public
sphere."--Leslie Tuttle, History
"A fascinating history that is a legitimate successor to the work
of Sarah Hanley, skillfully intertwining law, family, and politics
Although Gerber points to influential texts and widely publicized
cases that served as pivots for these changes, he relates the
arguments to larger socioeconomic and political forces."--Margaret
H. Darrow, The Historian
"In this formidable study, Matthew Gerber traces the legal
transformation of a social category in early modern France--the
children born out of wedlock, or 'bastards,' whose legal
disabilities were inborn and rights hedged. He shows how the
interactive social demands and legal actions in the greater legal
community reconfigured the way 'extra-marital' children born to a
parent, or parents, determined to claim them were related to
expanding notions of familial
norms and developing state concerns for child welfare."--Sarah
Hanley, University of Iowa
"Matthew Gerber combines dazzling erudition and great ambition to
produce a pioneering political history of the early modern family
and a persuasively sophisticated reinterpretation of the early
modern legal system."--Julie Hardwick, author of Family Business:
Litigation and the Political Economies of Daily Life in Early
Modern France
"Demonstrating profound expertise in early modern law, Matthew
Gerber offers a highly original and much needed history of
illegitimacy in Old Regime France. Bastards moves deftly between
families, law, and politics to rethink family-state relations in
the absolutist era."--Suzanne Desan, author of The Family on Trial
in Revolutionary France
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