
Special Damage
The Slander of Women and the Gendered History of Defamation Law
- English
- ePUB (mobile friendly)
- Available on iOS & Android
About this book
In 1788, Mary Smith was ruined and banished from "civilised" society when her neighbor accused her of carrying a bastard child. To silence the ruinous rumors and vindicate her name, Smith sued him for defamation. But in court, she faced the onerous burden, entrenched within English law of sexual slander, of proving "special damage." Smith should have lost her case, but her action set off a remarkable reform movement.
In Special Damage, Jessica Lake offers a comparative legal history of gendered hate speech, verbal abuse, and sexual harassment across 19th-century America, Australia, and England. Drawing upon original archival material, she tracks the creation of the Slander of Women reforms that made it easier for women to sue when called "whores." Lake reveals, for the first time, the cases brought by women that spurred and benefitted from these reforms. In doing so, she details how debates about women, speech, and reputation circulated through transnational common law networks, connecting countries, colonies, and continents.
The Slander of Women movement furthered legal protections for women, but also created links between ideas of whiteness, femininity, chastity, and civilization. Special Damage tells a compelling story that questions the costs and compromises of legal progress in a patriarchal and unequal "civilised" New World.
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Information
Table of contents
- Cover
- Series Page
- Title Page
- Copyright
- Dedication
- Contents
- Acknowledgments
- Introduction
- One: The Slander of Subjects and Citizens
- Two: Savage Speech Against Civilized Females
- Three: Unsullied Purity and the First Slander of Women Act
- Four: Free White Females and Social Intercourse with Blacks
- Five: āDeprived of Her Natural Guardianā
- Six: Stained Whiteness and the Cult of True Womanhood
- Seven: āThere Is a Total Disregard for the Rights of Womenā
- Eight: Barbarous Common Law and Double Standards of Morality
- Conclusion
- Notes
- Index
- Series List