This dissertation investigates the historical emergence of wife-beating laws in the United States. The key questions I investigate are: What were the social conditions in which wife- beating laws emerged in the nineteenth-century South? What do these conditions reveal about the primary functions of these laws? Based on analysis of 19th-century legal and government data, local and appellate case records, federal reports, Freedman's Bureau documents, periodical data, and family records, I argue that Southern wife-beating laws were a white supremacist post-Civil War response to the legalization of black family formation. They functioned to control black labor and degrade the status of blackness. My research challenges conventional accounts about the historical origins of U.S. domestic violence legislation. Since the proliferation of early wife-beating laws (1870-1900) coincided with first wave feminism, scholarship assumes that they were the result of feminist agency and borne out of a desire to protect women. These assumptions have led to two important limitations in domestic violence scholarship. First, most scholarship focuses on the North, where first wave feminism flourished. Second, even when research considers the effects of other social factors, such as race and class, it foregrounds the effects of feminist agency. Both limitations are troubling because the first state to legally rescind a husband's right to chastise his wife was Alabama, whose 1871 Fulgham v. State ruling was also the country's first in which the litigants were black. In fact, anti-wife-beating laws proliferated throughout southern states where, like Alabama, there was neither a feminist movement, nor female collective action against wife-beating. By the early 1900s, the ideological association between wife-beating and black families was so pervasive that denying "wife-beaters" the vote was a device some southern states used to disenfranchise black men. In contrast to the feminist narrative, I argue that southern anti-wife-beating laws were a postbellum response to the racialized and gendered convergence of the antebellum Master- slave and Husband-wife relationships. Antebellum socio-legal norms simultaneously advanced marital cruelty protections for wives on the one hand and encouraged the physical chastisement of slaves on the other. This ensured that the authority to beat slave women - to include de facto slave wives - was a specifically white male prerogative; and, it added physical chastisement to a long list of naturalized distinctions between blackness and whiteness. Emancipation exposed the fragility of 'domestic relations' - and thus the 1 southern way of life - by highlighting its dependence on racialized gender hierarchies. Wife- beating laws that threatened to punish black men, in the midst of socio-legal norms that kept black women vulnerable to white male violence, helped to restore a southern way of life that simultaneously controlled the labor and degraded the status of black families. The dissertation has six chapters. The introductory chapter provides the theoretical framework for the project. Wife-beating cases, I argue, performed the crucial socio-legal function of reinforcing domestic gender norms - norms that were inextricably articulated through race and class, given the southern household's distinctive Master-slave relationship. Chapter Two reveals that the antebellum progression of laws created a racialized double- standard for wife-beating, in which the prerogative to chastise white wives and slave men's de facto wives, was a privilege exclusive to white men. Chapter Three begins after the Civil war, when the Reconstruction amendments led Southern states to legally recognize black marriages and families. But the antebellum racialized double-standard for wife-beating nevertheless endured, criminalizing black men as wife-beaters in a burgeoning law and order regime that enabled control over black labor. Chapter Four elucidates how, the racialization of wife-beating as a black crime functioned to symbolize and reify a hegemonic ideology of black family dysfunction. Chapter Five examines how wife-beating is eventually used to disenfranchise black men. Chapter Six concludes the dissertation. Situated at the intersection of sociology of family, political economy, criminalization, and 19th-century southern historical literatures, my dissertation reveals how racial projects to symbolically and materially privilege Whiteness motivated the emergence of "feminist" laws that scholarship and social policy largely conceptualize as apart from race, class, and market forces.

In Legal Spectatorship Kelli Moore traces the political origins of the concept of domestic violence through visual culture in the United States. Tracing its appearance in Article IV of the Constitution, slave narratives, police notation, cybernetic theories of affect, criminal trials, and the “look” of the battered woman, Moore contends that domestic violence refers to more than violence between intimate partners—it denotes the mechanisms of racial hierarchy and oppression that undergird republican government in the United States. Moore connects the use of photographic evidence of domestic violence in courtrooms, which often stands in for women’s testimony, to slaves’ silent experience and witnessing of domestic abuse. Drawing on Harriet Jacobs’s Incidents in the Life of a Slave Girl, abolitionist print culture, courtroom witness testimony, and the work of Hortense Spillers, Moore shows how the logic of slavery and antiblack racism also dictates the silencing techniques of the contemporary domestic violence courtroom. By positioning testimony on contemporary domestic violence prosecution within the archive of slavery, Moore demonstrates that domestic violence and its image are haunted by black bodies, black flesh, and black freedom. Duke University Press Scholars of Color First Book Award recipient

WINNER OF THE HILLMAN PRIZE FOR BOOK JOURNALISM, THE HELEN BERNSTEIN BOOK AWARD, AND THE LUKAS WORK-IN-PROGRESS AWARD * A NEW YORK TIMES TOP 10 BOOKS OF THE YEAR * NATIONAL BOOK CRITICS CIRCLE AWARD FINALIST * LOS ANGELES TIMES BOOK PRIZE FINALIST * ABA SILVER GAVEL AWARD FINALIST * KIRKUS PRIZE FINALIST NAMED ONE OF THE BEST BOOKS OF 2019 BY: Esquire, Amazon, Kirkus, Library Journal, Publishers Weekly, BookPage, BookRiot, Economist, New York Times Staff Critics “A seminal and breathtaking account of why home is the most dangerous place to be a woman . . . A tour de force.” -Eve Ensler "Terrifying, courageous reportage from our internal war zone." -Andrew Solomon "Extraordinary." -New York Times ,“Editors' Choice” “Gut-wrenching, required reading.” -Esquire "Compulsively readable . . . It will save lives." -Washington Post “Essential, devastating reading.” -Cheryl Strayed, New York Times Book Review An award-winning journalist's intimate investigation of the true scope of domestic violence, revealing how the roots of America's most pressing social crises are buried in abuse that happens behind closed doors. We call it domestic violence. We call it private violence. Sometimes we call it intimate terrorism. But whatever we call it, we generally do not believe it has anything at all to do with us, despite the World Health Organization deeming it a “global epidemic.” In America, domestic violence accounts for 15 percent of all violent crime, and yet it remains locked in silence, even as its tendrils reach unseen into so many of our most pressing national issues, from our economy to our education system, from mass shootings to mass incarceration to #MeToo. We still have not taken the true measure of this problem. In No Visible Bruises, journalist Rachel Louise Snyder gives context for what we don't know we're seeing. She frames this urgent and immersive account of the scale of domestic violence in our country around key stories that explode the common myths-that if things were bad enough, victims would just leave; that a violent person cannot become nonviolent; that shelter is an adequate response; and most insidiously that violence inside the home is a private matter, sealed from the public sphere and disconnected from other forms of violence. Through the stories of victims, perpetrators, law enforcement, and reform movements from across the country, Snyder explores the real roots of private violence, its far-reaching consequences for society, and what it will take to truly address it.

Reprints of the most influential recent work in the field as well as more than a dozen newly commissioned essays explore theoretical issues, current research, service provision, and activism among Latinos, African Americans, Asian Americans, Jewish Americans, and lesbians. The volume rejects simplistic analyses of the role of culture in domestic violence by elucidating the support systems available to battered women within different cultures, while at the same time addressing the distinct problems generated by that culture. Together, the essays pose a compelling challenge to stereotypical images of battered women that are racist, homophobic, and xenophobic.

Violence has marked relations between blacks and whites in America for nearly four hundred years. In The Lineaments of Wrath, James W. Clarke draws upon behavioral science theory and primary historical evidence to examine and explain its causes and enduring consequences. Beginning with slavery and concluding with the present, Clarke describes how the combined effects of state-sanctioned mob violence and the discriminatory administration of “race-blind” criminal and contract labor laws terrorized and immobilized the black population in the post-emancipation South. In this fashion an agricultural system, based on debt peonage and convict labor, quickly replaced slavery and remained the back-bone of the region's economy well into the twentieth century. Quoting the actual words of victims and witnesses―from former slaves to “gangsta” rappers―Clarke documents the erosion of black confidence in American criminal justice. In so doing, he also traces the evolution, across many generations, of a black subculture of violence, in which disputes are settled personally, and without recourse to the legal system. That subculture, the author concludes, accounts for historically high rates of black-on-black violence which now threatens to destroy the black inner city from within. The Lineaments of Wrath puts America's race issues into a completely original historical perspective. Those in the fields of political science, sociology, history, psychology, public policy, race relations, and law will find Clarke's work of profound importance.

A look at gun control, campus sexual assault, immigration, and more that considers the future of responses to domestic violence Domestic violence is commonly assumed to be a bipartisan, nonpolitical issue, with politicians of all stripes claiming to work to end family violence. Nevertheless, the Violence Against Women Act expired for over 500 days between 2012 and 2013 due to differences between the U.S. Senate and House, demonstrating that legal protections for domestic abuse survivors are both highly political and highly vulnerable. Racial and gender politics, the move toward criminalization, reproductive justice concerns, gun control debates, and political interests are increasingly shaping responses to domestic violence, demonstrating the need for greater consideration of the interplay of politics, domestic violence, and how the law works in people’s lives. The Politicization of Safety provides a critical historical perspective on domestic violence responses in the United States. It grapples with the ways in which child welfare systems and civil and criminal justice responses intersect, and considers the different, overlapping ways in which survivors of domestic abuse are forced to cope with institutionalized discrimination based on race, gender, sexual orientation, and immigration status. The book also examines movement politics and the feminist movement with respect to domestic violence policies. The tensions discussed in this book, similar to those involved in the #metoo movement, include questions of accountability, reckoning, redemption, healing, and forgiveness. What is the future of feminism and the movements against gender-based violence and domestic violence? Readers are invited to question assumptions about how society and the legal system respond to intimate partner violence and to challenge the domestic violence field to move beyond old paradigms and contend with larger justice issues.

1919, The Year of Racial Violence recounts African Americans' brave stand against a cascade of mob attacks in the United States after World War I. The emerging New Negro identity, which prized unflinching resistance to second-class citizenship, further inspired veterans and their fellow black citizens. In city after city - Washington, DC; Chicago; Charleston; and elsewhere - black men and women took up arms to repel mobs that used lynching, assaults, and other forms of violence to protect white supremacy; yet, authorities blamed blacks for the violence, leading to mass arrests and misleading news coverage. Refusing to yield, African Americans sought accuracy and fairness in the courts of public opinion and the law. This is the first account of this three-front fight - in the streets, in the press, and in the courts - against mob violence during one of the worst years of racial conflict in US history.