By Birth or Consent: Children, Law, and the Anglo-American Revolution in Authority
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Brewer explores how the changing legal status of children illuminates the struggle over consent and status in England and America. In the 16th century, people were born into authority and responsibility based on their social status, but by the late 18th century, English and American law began to emphasize contractual relations based on informed consent rather than on status, challenging the old idea of birthright.
Introduction : limiting and developing individual consent : children and Anglo-American revolutionary ideology11Children, inherited power, and patriarchal ideology172"Borne that princes subjects"? or "Christianity is no man's birth right"? : the religious debate over inherited right and consent to membership453The dilemmas of government by consent and the problem of children : force, influence, implied consent, and inherited obligation874Subjects or citizens? : inherited right versus reason, merit, and virtue1295"To stop the mouths" of children : reason and the common law1506Understanding intent : children and the reform of guilt and punishment1817The emergence of parental custody : children and consent to contracts for land, goods, and labor2308"Partly by persuasions and partly by threats" : parents, children, and consent to marriage288The empire of the fathers : from birth to the consent of whom?338AppLegal treatises used by Americans before the nineteenth century369
