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Neglected Stories, by Peggy Cooper Davis
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In a powerful challenge to the belief that the Constitution has nothing to do with the individual freedoms that comprise family rights, Peggy Cooper Davis argues here that the constitutional amendments after the Civil War reflect a profound appreciation of the political, social, and personal worth of family autonomy. She draws upon what she calls the "motivating stories" of the Fourteenth Amendment to show that the Reconstruction legislators who sponsored it understood family rights as aspects of liberty that were fundamental to the proper definition of freedom and citizenship. This new understanding of family rights developed as men and women - black and white, Southerners and Northerners - came to appreciate the enormity of slavery's denial, even destruction, of family life. Davis also explores the "doctrinal stories" the Supreme Court has told to justify or strike down restrictions on liberty with respect to work, marriage, procreation, parenting, and sexuality and family planning - and the stories of the litigants who wanted to live, work, marry, love, and parent as they chose. These "neglected stories" are woven together in a strong new constitutional argument that gives us at long last a framework in which we can have sensible social and political debate about just what we mean when we say "family values."
- Sales Rank: #3693139 in Books
- Brand: Brand: Hill and Wang
- Published on: 1998-04-30
- Released on: 1998-04-30
- Original language: English
- Number of items: 1
- Dimensions: 8.50" h x .69" w x 5.50" l, .89 pounds
- Binding: Paperback
- 308 pages
- Used Book in Good Condition
From Booklist
Davis takes a new approach to "family values," a phrase usually regarded as the rhetorical property of conservative politicians. Here the phrase defines the focus of a legal and historical investigation into how slavery--once constitutionally permissible--sundered the marital and family ties of African Americans and into how the Fourteenth Amendment finally offered protection to these ties. Davis pursues her investigation with both motivational stories, recounting the suffering of African Americans cruelly denied the right to marry and rear children, and doctrinal stories, tracing the events that gave us the Fourteenth Amendment and the body of legal doctrine surrounding it. In our century, these doctrinal stories have wound themselves into knotty subplots, as social activists have tried--against fierce resistance--to use the Fourteenth Amendment to legitimate new rights for women seeking abortions, for unmarried fathers asserting their paternity, and for homosexuals claiming civil equality with heterosexuals. Because of her stress on the right to privacy and autonomy in family decisions, Davis generally sides with activists rather than conservatives. But for readers across the political spectrum, she provides a powerful reminder of why we needed the Fourteenth Amendment in the first place and why we all still have a vital stake in how our legislators and judges interpret it. Bryce Christensen
Review
"As Peggy Davis turns the light on neglected stories, they in turn light up an entire important episode of this nation's tragic past and present. Anyone interested in constitutional or African American history should read this book." -- John Hope Franklin, author of From Slavery to Freedom
"Davis has brilliantly constructed a constitutional framework for a more enlightened public discourse on family values . . . A tour de force." -- William Julius Wilson, author of When Work Disappears
From the Back Cover
In a powerful challenge to the belief that the Constitution has nothing to do with the individual freedoms that comprise family rights, Davis argues here that the constitutional amendments after the Civil War reflect a profound appreciation of the political, social, and personal worth of family autonomy.
Most helpful customer reviews
1 of 1 people found the following review helpful.
ANOTHER NEGLECTED STORY
By Miguel Hildago
The author accurately described the process where the issues of constitutional significance of parental rights and the liberty right to custody of children parallel the struggles of the abolitionists and the civil rights movement. Of note, the very first case to reach the merits of "custody and the constitution" is awaiting decision as of this date (February 25, 2003) in the federal court in Dayton, Ohio, captioned Galluzzo v. Champaign County Court of Common Pleas, filed April 27, 2001. The denial of due process and equal protection are identical to the issues raised by the author and detailed throughout her book. This book is "must" reading for domestic relations attorneys who have no clue about the construction of federal law pursuant to state law and for legislators and legal theorists who lack knowledge of why the state's claim to the "best interests of a child" is uncontitutional where a parent is a suitable parent and not found by "clear & convincing" evidence to be unfit.
2 of 3 people found the following review helpful.
not just for legal scholars
By Laura LaVelle
A fascinating historical perspective on the post-Civil War constitutional amendments which gives much needed background on family rights as aspects of liberty. I take serious issue with the New York Times review, which gave short shrift to Professor Davis' analysis. I read this book in law school but it is accessible to any reader interested in law and the public discourse on family values.
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