Inside the Castle: Law and the Family in 20th Century America

Inside the Castle is a comprehensive social history of twentieth-century family law in the United States. Joanna Grossman and Lawrence Friedman show how vast, oceanic changes in society have reshaped and reconstituted the American family. Women and children have gained rights and powers, and novel forms of family life have emerged. The family has more or less dissolved into a collection of independent individuals with their own wants, desires, and goals. Modern family law, as always, reflects the brute social and cultural facts of family life. The story of family law in the twentieth century is complex. This was the century that said goodbye to common-law marriage and breach-of-promise lawsuits. This was the century, too, of the sexual revolution and women's liberation, of gay rights and cohabitation. Marriage lost its powerful monopoly over legitimate sexual behavior. Couples who lived together without marriage now had certain rights. Gay marriage became legal in a handful of jurisdictions. By the end of the century, no state still prohibited same-sex behavior. Children in many states could legally have two mothers or two fathers. No-fault divorce became cheap and easy.And illegitimacy lost most of its social and legal stigma. These changes were not smooth or linear--all met with resistance and provoked a certain amount of backlash. Families took many forms, some of them new and different, and though buffeted by the winds of change, the family persisted as a central institution in society. Inside the Castle tells the story of that institution, exploring the ways in which law tried to penetrate and control this most mysterious realm of personal life.

Table of Contents:
Acknowledgments ix Introduction 1 Part One: Tying the Knot: Marriage and Promises to Marry Chapter One: Marriage and the State 27 Chapter Two: Marriage, Law, and Society: A Tangled Web 51 Chapter Three: Common-Law Marriage 78 Chapter Four: The End of Heart Balm 90 Part Two: Anything Goes: love and romance in a Permissive Age Chapter Five: The Rise of Sexual Freedom 109 Chapter Six: Cohabitation 121 Chapter Seven: Same-Sex Relationships 142 Part Three: When the Music Stops: Dissolving a Marriage and the Aftermath Chapter Eight: Untying the Knot: Divorce and Annulment 159 Chapter Nine: Dollars and Sense: The Economic Consequences of Divorce 192 Chapter Ten: Collateral Damage: The Children of Divorce 215 Part Four: The Old and the New Generation Chapter Eleven: The Extended Family: Elder Law and the Law of Inheritance 235 Chapter Twelve: Parents and Children: Rights and Duties 262 Chapter Thirteen: Whom Do We Belong To? Parentage and the Law 286 Chapter Fourteen: Chosen People: Adoption and the Law 305 Conclusion: Into the Void 330 Notes 333 Index 423

About the Author :
Joanna L. Grossman is professor of law at Hofstra University and the coeditor of Gender Equality. Lawrence M. Friedman is the Marion Rice Kirkwood Professor of Law at Stanford University. His books include A History of American Law.

Review :
Co-Winner of the 2011 David J. Langum, Sr. Prize in American Legal History, The Langum Charitable Trust "The history of American law is the story of the American family. The book describes how the law both reflects and seeks to mold conceptions of what a family is and who its members are... The conclusion is that the family has undergone dramatic change in America since 1787, and will evolve as new social practices emerge."--Choice "Inside the Castle is a well-written and thoroughly researched work of legal history that touches on nearly every aspect of American family life. The book is also well organized, with a cogent arrangement of topics. Useful summaries at the end of each chapter list significant points and note questions that remain to be answered. The book's index is thorough, and its comprehensive endnotes should prove valuable for those interested in further research. Inside the Castle is recommended for all public, academic, and law libraries and for anyone with an interest in family law or social history."--Ellen M. Richardson, Law Library Journal "It provides a comprehensive, engaging, accurate, and intriguing account of a century of almost unimaginable change. It will be of interest to a wide variety of readers, from students to people who love a good read about an important topic."--Barbara Bennett Woodhouse, American Historical Review "Inside the Castle is an expansive and careful study of the intricate relationship between family law and society, and the influence of the latter on the former. It is impressive in both its scope and depth."--Zvi H. Triger, Law and Politics Book Review