Matthew Gerber – författare

Children born out of wedlock were commonly stigmatized as "bastards" in early modern France. Deprived of inheritance, they were said to have neither kin nor kind, neither family nor nation. But why was this the case? Gentler alternatives to "bastard" existed in early modern French discourse, and many natural parents voluntarily recognized and cared for their extramarital offspring. Drawing upon a wide array of archival and published sources, Matthew Gerber has reconstructed numerous disputes over the rights and disabilities of children born out of wedlock in order to illuminate the changing legal condition and practical treatment of extramarital offspring over a period of two and half centuries. His book reveals that the exclusion of extramarital offspring from the family was perpetually contested in early modern France.Legal debate over illegitimacy carried political implications for France's dynastic monarchy. When Louis XIV, the Sun King, created a political firestorm by declaring his own extramarital offspring to be capable of inheriting the French crown, political theorists drew upon precedents of private law to argue for or against the exclusion of children born out of wedlock from the throne. Conversely, lawyers and litigants frequently invoked political interest in the course of private lawsuits involving extramarital offspring. In tracing the evolution of early modern debates over illegitimacy, Bastards offers a political history of the family from the oblique perspective of those who were theoretically excluded from it.With a cast of characters ranging from royal bastards to foundlings, Bastards offers a broad exploration of the relationship between social and political change in the early modern era. It offers new insight into the changing nature of early modern French law, revealing its evolving contribution to the historical construction of both the family and the state.

Children born out of wedlock were commonly stigmatized as "bastards" in early modern France. Deprived of inheritance, they were said to have neither kin nor kind, neither family nor nation. Why was this the case? Gentler alternatives to "bastard" existed in early modern French discourse, and many natural parents voluntarily recognized and cared for their extramarital offspring. Drawing upon a wide array of archival and published sources, Matthew Gerber has reconstructed numerous disputes over the rights and disabilities of children born out of wedlock in order to illuminate the changing legal condition and practical treatment of extramarital offspring over a period of two and half centuries. Gerber''s study reveals that the exclusion of children born out of wedlock from the family was perpetually debated. In sixteenth- and seventeenth-century France, royal law courts intensified their stigmatization of extramarital offspring even as they usurped jurisdiction over marriage from ecclesiastic courts. Mindful of preserving elite lineages and dynastic succession of power, reform-minded jurists sought to exclude illegitimate children more thoroughly from the household. Adopting a strict moral tone, they referred to illegitimate children as "bastards" in an attempt to underscore their supposed degeneracy. Hostility toward extramarital offspring culminated in 1697 with the levying of a tax on illegitimate offspring. Contempt was never unanimous, however, and in the absence of a unified body of French law, law courts became vital sites for a highly contested cultural construction of family. Lawyers pleading on behalf of extramarital offspring typically referred to them as "natural children." French magistrates grew more receptive to this sympathetic discourse in the eighteenth century, partly in response to soaring rates of child abandonment. As costs of "foundling" care increasingly strained the resources of local communities and the state, some French elites began to publicly advocate a destigmatization of extramarital offspring while valorizing foundlings as "children of the state." By the time the Code Civil (1804) finally established a uniform body of French family law, the concept of bastardy had become largely archaic.With a cast of characters ranging from royal bastards to foundlings, Bastards explores the relationship between social and political change in the early modern era, offering new insight into the changing nature of early modern French law and its evolving contribution to the historical construction of both the family and the state.

Voices in the Legal Archives in the French Colonial World: "The King is Listening" offers, through the contribution of thirteen original chapters, a sustained analysis of judicial practices and litigation during the first era of French overseas expansion. The overall goal of this volume is to elaborate a more sophisticated "social history of colonialism" by focusing largely on the eighteenth century, extending roughly from 1700 until the conclusion of the Age of Revolutions in the 1830s. By critically examining legal practices and litigation in the French colonial world, in both its Atlantic and Oceanic extensions, this volume of essays has sought to interrogate the naturalized equation between law and empire, an idea premised on the idea of law as a set of doctrines and codified procedures originating in the metropolis and then transmitted to the colonies. This book advances new approaches and methods in writing a history of the French empire, one which views state authority as more unstable and contested. Voices in the Legal Archives proposes to remedy the under-theorized state of France’s first colonial empire, as opposed to its post-1830 imperial expressions empire, which have garnered far more scholarly attention.This book will appeal to scholars of French history and the comparative history of European empires and colonialism.

Voices in the Legal Archives in the French Colonial World: "The King is Listening" offers, through the contribution of thirteen original chapters, a sustained analysis of judicial practices and litigation during the first era of French overseas expansion. The overall goal of this volume is to elaborate a more sophisticated "social history of colonialism" by focusing largely on the eighteenth century, extending roughly from 1700 until the conclusion of the Age of Revolutions in the 1830s. By critically examining legal practices and litigation in the French colonial world, in both its Atlantic and Oceanic extensions, this volume of essays has sought to interrogate the naturalized equation between law and empire, an idea premised on the idea of law as a set of doctrines and codified procedures originating in the metropolis and then transmitted to the colonies. This book advances new approaches and methods in writing a history of the French empire, one which views state authority as more unstable and contested. Voices in the Legal Archives proposes to remedy the under-theorized state of France’s first colonial empire, as opposed to its post-1830 imperial expressions empire, which have garnered far more scholarly attention.This book will appeal to scholars of French history and the comparative history of European empires and colonialism.