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Constitutional Context: Women and Rights Discourse in Nineteenth-Century America

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This excerpt from Kathleen Sullivan's Constitutional Context: Women and Rights Discourse in Nineteenth-Century America examines how legal and political discourse surrounding women's rights in 19th-century America evolved. Sullivan analyzes the interplay between the common law, codification movements, and the abolitionist movement, showing how women's rights activists strategically adapted legal and political concepts to advance their cause. The book explores the limitations of a purely liberal framework for understanding this historical context, arguing that the common law, despite its flaws, offered valuable resources for developing rights theories that acknowledged social realities. Sullivan challenges the conventional narrative of a simple triumph of liberalism over oppressive common-law traditions, revealing the complex and often unexpected interactions between these forces in shaping American constitutionalism. Finally, the author uses case studies and primary source analysis to illustrate her arguments, highlighting the complexities of legal and social change during this period.

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