Elizabeth Cady Stanton and the Feminist Foundations of Family Law

328 pages

16 halftones

November, 2016

ISBN: 9780814783047



Add to Cart Available: 10/28/2016

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Tracy A. Thomas is Professor of Law at The University of Akron School of Law, where she holds the Seiberling Chair of Constitutional Law and directs the Center for Constitutional Law.

All books by Tracy A. Thomas

Thomas Byers Memorial Outstanding Publication Award from the University of Akron Law Alumni Association

Much has been written about women’s rights pioneer Elizabeth Cady Stanton. Historians have written her biography, detailed her campaign for woman’s suffrage, documented her partnership with Susan B. Anthony, and compiled all of her extensive writings and papers. Stanton herself was a prolific author; her autobiography, History of Woman Suffrage, and Woman’s Bible are classics. Despite this body of work, scholars and feminists continue to find new and insightful ways to re-examine Stanton and her impact on women’s rights and history. 

Law scholar Tracy A. Thomas extends this discussion of Stanton’s impact on modern-day feminism by analyzing her intellectual contributions to—and personal experiences with—family law. Stanton’s work on family issues has been overshadowed by her work (especially with Susan B. Anthony) on woman’s suffrage. But throughout her fifty-year career, Stanton emphasized reform of the private sphere of the family as central to achieving women’s equality. By weaving together law, feminist theory, and history, Thomas explores Stanton’s little-examined philosophies on and proposals for women’s equality in marriage, divorce, and family, and reveals that the campaigns for equal gender roles in the family that came to the fore in the 1960s and ’70s had nineteenth-century roots. Using feminist legal theory as a lens to interpret Stanton’s political, legal, and personal work on the family, Thomas argues that Stanton’s positions on divorce, working mothers, domestic violence, childcare, and many other topics were strikingly progressive for her time, providing significant parallels from which to gauge the social and legal policy issues confronting women in marriage and the family today.


  • “Tracy Thomas has thoroughly documented Stanton’s radicalism on matters of marriage and the family and has shown just how significantly one woman’s feminism affected family law for the betterment of women.”

    Civil War Book Review

  • "Thomas does both legal studies and feminist history a great service. Comprehensive in its approach to Stanton’s life, Thomas’ enjoyable and eminently readable text unearths new information about this most important legal mind while deftly directing our attention to the key ways our legal culture has been indelibly stamped with Stanton’s towering intellect and radical spirit."

    —TJ Boisseau, Purdue University

  • "This is not your mother's legal history. Thomas knits together Stanton's values to reveal her as decades ahead of her time.  In fact, I'm not sure the rest of U.S. culture has quite caught up to her views on marriage. A very good book and one that–like Stanton herself–breaks free from convention. How could there be higher praise?"

    —Alfred Brophy, Judge John J. Parker Distinguished Professor of Law, University of North Carolina at Chapel Hill