ContainmentApolicy aimed at containing, or restricting, a hostile orpotentially hostile power through use of diplomacyand possibly force is referred to as containment. Histor-ical examples of containment include the coalitionsdesigned to contain French power in Europe during theeighteenth and early nineteenth centuries, or Chineseattempts to contain Vietnamese and Soviet influence inSoutheast Asia after 1975. Containment can also be seenin the actions of Britain on the eve of World War II. Dur-ing the mid-to late 1930s the British government pursueda diplomatic strategy known as appeasement in dealingwith Nazi Germany. However Hitler proved unappeas-able and uninterested in long-term peaceful solutions.TheNazi occupation of Czechoslovakia on 15 March 1939meant the end of appeasement. Instead the Britishresorted to containment by issuing a series of territorialguarantees to countries in Eastern Europe, most notablyPoland. According to the guarantee, should Poland finditself attacked by Germany, Britain would come to itsdefense. In this manner, the British were attempting tocontain German power in Europe.The Germans attackedPoland on 1 September 1939 and Britain declared waron Germany two days later.The term “containment” hasmany historical examples but is usually associated withthe policy followed by the United States toward theUSSR during the Cold War.Origins of Cold WarContainmentThe months immediately following the end of the WorldWar II saw deterioration in relations between the West-ern powers and the Soviet Union, who had formerly beenallies in the war against the Axis states. British andAmerican statesmen watched in alarm as the Sovietssolidified their control over Eastern Europe. The Sovietsseemed to be threatening Turkey and Iran, while a Com-munist insurgency in Greece steadily gained force. TheAmericans and British also blamed the Soviets for theslow pace of talks over the future of occupied Germany.An atmosphere of mistrust and unease settled over East–West relations.George Kennan and ContainmentOn 22 February 1946 George Kennan (b. 1904), a staffmember of the American embassy in Moscow, and long-time Soviet expert, sent a document analyzing Soviet pol-icy to his superiors in Moscow. Kennan’s analysis becameknown as the “Long Telegram,” and was published in1947 in the influential American journal Foreign Affairs.The journal editors attributed the article to “Mr. X,” eventhough it was generally known that “Mr. X” was actuallyGeorge Kennan. Kennan’s analysis of Soviet foreign pol-icy found widespread support in Washington and soonbecame the theoretical basis of containment.Kennan believed that the USSR, for ideological andhistoric reasons, was an inherently expansionist power. Inorder to justify their tyranny, Kennan argued, the Sovietleaders had to convince their people that the USSR wasthreatened by hostile capitalist powers.The Soviets wouldseek to expand territorially because that had been the pat-tern of Russian history. Surrounded by hostile nomadictribes, living on an open, vulnerable plain, Russian rulershad found security in conquest. As well, Communist ide-ology demanded that workers in foreign countries be “lib-erated.” Kennan noted that if the Soviets were confrontedat one point they would simply retreat and seek to ex-pand somewhere else. Kennan thought that the Sovietscould not be trusted in negotiations.They might agree totactical concessions but would never give up on their his-toric mission. However, Kennan did not believe that theSoviets wanted war, since they took a long-term view andwere content to wait for historical trends to play them-selves out. Since the collapse of capitalism was inevitable,according to Communist theory, there was no need totake dangerous risks. Kennan recommended that theUnited States pursue “a policy of firm containment,designed to confront the Russians with unalterablecounter-force at every point where they show signs ofencroaching upon the interests of a peaceful and stableworld” (Kennan 1947, 581). Kennan speculated that if440 berkshire encyclopedia of world history
the USSR were unable to expand then long-term internalpressures would force drastic changes in the Sovietsystem.Critics of ContainmentKennan’s views, although popular in the government,provoked some criticism when made public.Walter Lipp-mann, a popular syndicated newspaper columnist andforeign affairs commentator of the time, wrote that con-tainment would involve the United States in numerousconflicts around the globe. The resources of the UnitedStates would be overextended and worn down. Others onthe political left criticized containment on the groundsthat they opposed any confrontation with the USSR.HenryWallace, a member ofTruman’s cabinet and a for-mer vice president under Roosevelt, publicly broke withTruman and said that Soviet policy was driven not byexpansionism but rather by fear. Containment would onlyworsen the situation. In 1948Wallace ran against Trumanin the presidential election, but finished a poor fourth.Containment StrategiesKennan’s views provided the basis for many Americanpolicies toward the USSR in the years to come. Early in1947 the British government informed Washington thatit would be unable to continue aid to the government ofGreece, which was then fighting a bitter civil war againstthe Greek Communists. Since it was assumed that theSoviets were supporting the Greek Communists, Wash-ington feared that the fall of the Greek governmentwould bring Soviet power to the shores of the Mediter-ranean. On 12 March 1947 President Harry Truman, ina bid to gain Congressional support for a $400 millionaid package to Greece and Turkey, proclaimed what hascome to be known as the Truman Doctrine.Truman saidthat he believed that “it must be the policy of the UnitedStates to support free peoples who are resisting attemptedsubjugation by armed minorities or by outside pressures.I believe that we must assist free peoples to work out theirown destinies in their own way” (Dunbabin 1994, 83).Truman added that American help should focus on eco-nomic and financial aid.containment 441The world is weary of statesmen whom democracy has degradedinto politicians.•Benjamin Disraeli (1804–1881)At the same time concern in Washington over thegrowth and popularity of West European Communistparties led to the conclusion that a slow economic recov-ery from the war was contributing to the appeal of theCommunists. Accordingly on 5 June 1947 United Statessecretary of state George Marshall announced a programof extensive economic aid to European states in need.Formally known as the European Recovery Plan, it ismore popularly remembered as the Marshall Plan. TheUSSR and its satellite states refused to participate, statingthat they were not about to open their economies andsocieties to U.S. trade and U.S. auditors. Over the nextfour years most Western European states requested Mar-shall Plan assistance, with totals reaching more than $17billion. The Marshall Plan was fundamental to the WestEuropean economic recovery of the postwar era, al-though Communist parties in France and Italy remainedpopular for many years.Although Kennan had emphasized nonmilitary eco-nomic and diplomatic strategies for containment, andhad participated in the drawing up of the Marshall Plan,the intensification of the Cold War meant that militarycontainment came to the fore. In August 1949 the USSRsuccessfully tested an atomic bomb, breaking the UnitedStates monopoly on atomic weapons. In October 1949the Chinese Communists, led by Mao Zedong, came topower in China. Finally, on 25 June 1950 the armies ofCommunist North Korea invaded South Korea. AlthoughSouth Korea had never previously been seen as vital toUnited States strategic interests,Truman decided that hecould not stand by.The United States entered the war onthe side of the South Koreans and soon became boggeddown in a bloody three-year stalemate.Earlier in 1950 the United States government hadundertaken a comprehensive review of its global defensestrategies. The review, completed by September, wasobviously influenced by the events of 1949 and theKorean War. Known as NSG-68, the review recom-mended a massive buildup of American atomic and con-ventional defense forces.The document almost certainlymarked a turn toward a military emphasis in contain-ment. Kennan later protested that by “counter force” he
had meant more than just military force, but such dis-tinctions were quickly lost in the heated atmosphere ofthe Cold War.Truman did not run in the 1952 presidential election,which was won by Republican Dwight D. Eisenhower.During the campaign the Republicans bitterly criticizedcontainment for abandoning the people of EasternEurope to a tyrannical political system. John FosterDulles, soon to be Eisenhower’s secretary of state, prom-ised to “roll back” Soviet influence in Eastern Europe. ButDulles recoiled from the idea of war, and so could do lit-tle more than continue containment after 1952. Dullesknew that a direct attempt to intervene in the Soviet East-ern bloc would provoke full-scale war. Instead, Dullesassumed, especially after Stalin died in 1953, that forcesof nationalism in Eastern Europe would do the job inbringing down the Soviet system. Yet another review ofAmerican defense strategy, carried out in 1953, came tothe same conclusion. However, the Americans did esca-late the propaganda war by improving the broadcastcapabilities of Radio Free Europe.Containment after KoreaThe Korean War also posed continuing serious questionsabout what exactly containment meant. Was the UnitedStates to become involved in every single conflict aroundthe globe where Communism was perceived to be athreat? Were some areas of the globe more valuable tothe United States than others? Some commentators,such as Henry Kissinger, have pointed out that contain-ment was essentially a defensive, reactive policy thatconceded the initiative to the other side. Others haveargued that proponents of containment grossly over-rated the Soviet military threat, which in the early 1950swas still minimal in terms of atomic weapons. Contain-ment was also said to have underestimated the usefulnessof long-term negotiations in solving East-West problems.During the 1950s supporters of containment con-jured up the metaphor of a row of dominoes to illustratewhat might happen if containment failed in any givenarea. The successful toppling of the first domino meansthe whole row will fall. A successful Communist takeoverin any one country might prompt a whole series oftakeovers, resulting in an eventual direct threat to theUnited States itself.The logic of containment resulted atleast partially in American involvement in the VietnamWar in the early 1960s. Some feared that the loss ofSouth Vietnam would topple other Southeast Asianstates, so the United States became involved in a secondmajor land war in Asia since 1945. The result was acostly and bitter conflict, deep social division in theUnited States, and the eventual military defeat of SouthVietnam in 1975.With military containment discredited, U.S. presidentsstill had to struggle with how to respond to perceivedSoviet gains in what was seen as the zero-sum nature ofthe Cold War. In Angola and southern Africa in the late1970s, and in Afghanistan and Central America in the1980s, Washington relied on proxy forces to combatSoviet influence. The United States found dissidentgroups and organizations opposed to Soviet-backedMarxist states. Such organizations were then armed andsupported by the U.S. Examples include the Contrarebels in Nicaragua, the mujahideen resistance factions inAfghanistan, and the UNITA movement in Angola.The obvious decline of the USSR in the late 1980sprompted much retrospection on Kennan’s original ideasand the ways in which they had been used, or misused.In 1987 Foreign Affairs reprinted Kennan’s article in itsentirety. Some saw Kennan as a far-sighted and perceptiveobserver of the USSR, while others decried what they feltwas the distortion of his ideas and the high cost of mili-tary containment over the years.Historically containment, in the context of the ColdWar, will be remembered as a doctrine that did much todefine the ‘battle lines’ of the Cold War.The wars foughtunder the banner of containment had a tremendousimpact of the peoples of Asia and Africa. However, con-tainment will also remain an important diplomatic toolin the new century and in the near future will most likelybe applied to perceived ‘rogue’ states.Paul W. Doerr See also Diplomacy442 berkshire encyclopedia of world historyHistory is filled with the sound of silken slippers going downstairsand wooden shoes coming up.•Voltaire (1694–1778)
Further ReadingAmbrose, S. (1994). Eisenhower. New York: Simon and Schuster.Dunbabin, J. (1994). The Cold War:The great powers and their allies. NewYork: Longman.Gaddis, J. (1982). Strategies of containment: A critical appraisal of post-war American national security policy. New York: Oxford UniversityPress.Gaddis, J. (1987). The long peace: Inquiries into the history of the ColdWar. New York: Oxford University Press.Hogan, M. (1989). The Marshall Plan: America, Britain and the recon-struction of Western Europe, 1947–1952. Cambridge, UK: Cam-bridge University Press.Immerman, R. (Ed.). (1990). John Foster Dulles and the diplomacy of theCold War. Princeton, NJ: Princeton University Press.Judge, H., & Langdon, J. (1996). A hard and bitter peace: A global historyof the Cold War. New Jersey: Prentice Hall.Kennan, G. (1947). The sources of Soviet conduct. Foreign Affairs, 25,570–582.Kennan, G. (1967). Memoirs: 1925–1950. Boston: Little, Brown.Kissinger, H. (1994). Diplomacy. New York: Simon and Schuster.May, E. (1993). American Cold War strategy: Interpreting NSC 68.Boston: Bedford/St. Martin’s.Mayers, D. (1990). George Kennan and the dilemmas of U.S. foreign pol-icy. Oxford, UK: Oxford University Press.Steel, R. (1981). Walter Lippmann and the American century. New York:Vintage.Ulam, A. (1968). Expansion and coexistence:The history of Soviet foreignpolicy, 1917–1967. New York: Praeger.Yergin, D. (1977). Shattered peace: The origins of the Cold War and thenational security state. Boston: Houghton Mifflin.Contraceptionand Birth ControlThe history of birth control enables us to understandthe global reverberations of an agenda for wider dis-semination of contraceptive information in the earlytwentieth century. For most part, advocates of birth con-trol in countries such as India, Japan, South Africa,Canada, Great Britain, and the United States came fromprivileged social, cultural, and economic backgrounds.Advocates of birth control found eugenic, Malthusian,and demographic arguments most compelling in makinga case for national and international support for birthcontrol and contraception. Some advocates also linkedthe demand for birth control to improved maternalhealth and national well being.No history is complete without a set of historicalactors; important participants in the debates on birthcontrol dating from the 1920s onwards included suchplayers as Mary Burgess, Kamaladevi Chattopadhyay,Raghnunath Dhondo Karve, A. R. Kaufman, Edith How-Martyn, Eileen Palmer, Narayan Sitaram Phadke, Aliyap-pin Padmanabha Pillay, Margaret Sanger, Ursala Scott,Kato Shidzue, Marie Stopes, and Elsa Woodrow. As theabove list—which does not purport to be complete—suggests, far from being a solely Western phenomenon,the demand for birth control was a complex interconti-nental movement, with an active cohort that supportedand sometimes competed with one another’s work acrossnational boundaries. This cohort of activists collectivelycreated a global propaganda effort to gain acceptance fortheir controversial demand both within and beyond theirnations.Domestic resistance and political realities made itimportant for many advocates to seek a larger global plat-form to win support for their cause. For instance, inter-national prominence and recognition greatly facilitatedthe work of Margaret Sanger, a U.S. activist, since shefaced strong opposition against birth control in theUnited States due to the Comstock Act (1871), which for-bade any dissemination of contraceptive knowledgethrough the postal system. A similar law banning birthcontrol was passed in Canada in 1892 and was notrepealed until 1969. There were no legal bans imposedon birth control in India, Japan, or Great Britain duringthis time.International Conferencesand PublicationsThe early advocates of birth control worked on a globalplatform and were in dialogue with one another from asearly as the 1920s, exchanging and borrowing ideas.Their modes of intellectual exchange included organizinginternational conferences such as the International BirthControl Conference, held in London in 1922 and in NewYork in 1925. Indian advocates such as GopaljeeAhluwalia attended both these conferences, as did manyother participants from across the globe. Another largecontraception and birth control 443First Law of Socio-Genetics:Celibacy is not hereditary.•Unknown
population conference was organized in India in 1936;Sanger was among those invited.The early advocates also published journals thatbecame important intellectual sites for internationalexchange and discussion on the subject of contraceptionand birth control. Some of the important journals pub-lished from London, New York, Madras, and Bombay(now Mumbai) in the 1920s and 1930s were Birth Con-trol News (United States) Birth Control Review (UnitedStates), Madras Birth Control Bulletin (India), and Mar-riage Hygiene (India). Again, this is not a comprehensivelist, but one that makes clear the rich international vari-ety of publication on the subject. Advocates solicited arti-cles for these journals internationally, and many of thesejournals carried specific information on birth controlwork and clinics around the world.Birth control advocates also published a large numberof monographs and books on the subject, which circu-lated globally. Books by Sanger and Marie Stopes (aBritish activist) were read by birth control advocates inIndia, South Africa, Japan, Britain, and United States.Besides being read by a large body of birth control advo-cates, these books were also read by lay people seekingto control their own fertility. Many private individuals inIndia and South Africa who read books by Sanger andStopes wrote to them asking for further clarification onthe methods discussed in their books. Stopes’s MarriedLove and Wise Parenthood: The Treatise on Birth Controlfor Married People, both published in 1918, circulatedwidely in South Africa and other parts of the British em-pire. Sanger’s books Motherhood in Bondage and TheNew Motherhood were popular around the world. Inter-national birth control activists also endorsed one an-other’s books; Sanger, for instance, wrote a forward forNarayan Sitaram Phadke’s 1927 Sex Problem in Indiawhich gave this book greater credibility in the eyes ofdomestic readers in colonial India.Financial andTechnological Support Birth control activists sought financial support for theirwork from donors across the globe. Stopes, for instance,wrote letters to Indian princes in 1927 asking them tosupport her clinical work in London, while the Indianadvocate Aliyappin Padmanabha Pillay requested finan-cial help from the London Eugenic Society to continuethe publication of his journal Marriage Hygiene. Sangerwrote to C. P. Blacker, of the London Eugenic Society, torequest funds for her India visit in 1935. Sanger’s visit toJapan in 1922 was financed by the Japanese magazineReconstruction. For her part, Kato Shidzue, a Japanesebirth control advocate, went to the United States in1937 to raise money for her work in Japan. She touredin the United States speaking about birth control.Besides financial networks that crossed nationalboundaries, reproductive technologies were also trans-ported globally. Stopes supplied contraceptives to SouthAfricans in the 1930s. Stopes’s Society for ConstructiveBirth Control and Racial Progress (SCBC) offered to trainbirth control activists from India and South Africa. Manyadvocates also visited Sanger in the United States hopingto gain technical training on the subject. Elsa Woodrow,from the Cape Town Mother’s Clinic Committee in SouthAfrica, contacted Stopes in 1931, seeking advice on howto set up a clinic and the costs associated with it. Herorganization associated itself with the SCBC and orderedcontraceptive supplies from Stopes.The Mother’s WelfareSociety of South Africa got financial support from Stopesin 1938–1939. On her various visits to India, Sangerand her assistant Edith How-Martyn carried contracep-tive technology with them, which they distributed to thevarious clinics in India. They also presented advocateswith gynecological plaques, which were used by doctorsand advocate to demonstrate the use of different contra-ceptive methods.Discursive ParametersEarly advocates of birth control drew upon a range ofintellectual ideas to make a strong case for the dissemi-nation of contraceptive information. Many advocatesfound it beneficial to deploy a numerical argument, rely-ing heavily upon census figures that were increasinglybecoming available in most countries during the earlytwentieth century. For instance, the colonial census of444 berkshire encyclopedia of world history
1931 in India revealed a sharp rise inpopulation. This data was used promotea Malthusian argument for birth controlas a remedy for controlling spiralingdemographic growth. Nationalist advo-cates of birth control were also quick todraw a connection between nationalpoverty and size of the nation’s popula-tion. None of the early advocates of birthcontrol called for resource redistributionto alleviate national poverty, however.Interestingly enough, Mohandas Gandhi,who strongly opposed the use of anychemical and mechanical contraceptivedevice, appears to have been one of thefirst to call for resource redistribution asa solution to India’s growing populationproblem. He was strongly opposed tobirth control on moral and philosophicalgrounds, and debated with Sanger onthe subject in 1936.Indian feminists such as Kamala-devi Chattopadhyay joined Sanger andStopes in making a case for birth controlas a means of improving women’s mater-nal health. Lower maternal and infantmortality figures, it was argued, wereimportant indicators of national well-being. Birth control activists also arguedthat lower fertility figures were a sign ofmodernity, especially for non-Westernnations, which were seen to have higherfertility figures than Western nations suchas France and Canada. Fertility figures in France andCanada had been declining from the late nineteenthcentury onwards, which led to a strong opposition tobirth control in those countries.Tension between Rhetoricand TechnologyExamining the writings of the various advocates of birthcontrol would leave one with the impression that theyhad something concrete to offer in terms of contraceptivetechnology. However, on a closer examination it seemsthat the international birth control movement was longon rhetoric but short on technology, especially before theinvention and testing of the contraceptive pill in 1960.In the period between 1930 and 1950 birth controlactivists greatly differed among themselves about themost appropriate contraceptive technology. Sanger andLydia DeVilbiss were promoting a spermicidal douchecontraception and birth control 445An advertisement from the 1921 World Almanac forMargaret Sanger’s Woman and the New Race in whichshe advocates birth control.
powder that had been was tested in Britain.The powderwas in use in some of the southern states in the UnitedStates. It was marketed in India too. There were com-plaints against the powder, however; in India womencomplained about vaginal irritation and also about thedifficulty in using this method given the lack of privacy intheir working-class homes. In the face of these com-plaints, Pillay recommended condoms as the most reliableform of contraceptive. Stopes, in the meantime, claimedthat she had discovered the ideal method for working-class women of London and for poor women in India andSouth Africa. The method Stopes was promoting was acotton waste pessary dipped in olive oil.This method wasnot endorsed by Indian doctors and advocates.In India, practitioners of Ayurveda, a traditional Indiansystem of medicine, advertised their products in vernac-ular magazines such as Madhuri and Sudha in the 1930s,while biomedical journals such as The Indian MedicalGazette carried advertisements for various commerciallymarketed contraceptives. Most of these advertisementsprovided addresses of local chemists who carried theseproducts, but some advertisements in Indian medicaljournals gave only a London address, which indicatesthat birth control technologies circulated globally andthat consumers shopped in a global market. However, itshould also be pointed out that consumers of theseglobal products, especially in countries such as India,were primarily members of social and economic eliteswho could afford to pay for the product and its interna-tional postage cost.Counterhistories of Birth ControlIn the late twentieth and early twenty-first centuries,scholars have shifted their focus away from celebratingthe work of birth control pioneers and have begun exam-ining how this work was experienced by less powerfulsocial and economic groups in different countries. NativeAmerican groups in the United States have spoken outagainst contraceptive technologies, which they arguehave been used to police their sexuality rather than toempower native women to make informed reproductivechoices. The history of birth control movement in Indiahas bought to light the call of the Indian feminist leaderBegum Hamid Ali for the sterilization of the “unfit” in herenthusiasm for controlling India’s population. LikewisePuerto Rican scholars tell a sad history of Puerto Ricanwomen who, without knowing and without giving con-sent, became the guinea pigs used for testing the contra-ceptive pill in the 1950s.These revisionist histories forceus to examine the real human costs that underwrote theefforts to manage human fecundity.Future Agenda forReproductive HealthFeminist scholars working on reproductive health issuesare constantly asking themselves what the future agendafor reproductive health should look like. Feministresearchers, policy makers, and activists all agree that thesuccess of contraceptive technology in the future will liein democratic approaches, attentive to local needs andbeliefs, seeking to empower women in making informedchoices.Sanjam AhluwaliaSee also Women’s Reproductive Rights MovementsFurther ReadingAccampo, E. A. (1996). The rhetoric of reproduction and the reconfigu-ration of womanhood in the French birth control movement, 1890–1920. Journal of Family History, 21(3), 351–371.Ahluwalia, S. (2000). Controlling births, policing sexualities: History ofbirth control in colonial India, 1877–1946. Unpublished doctoral dis-sertation, University Of Cincinnati.Anandhi, S. (1998). Rethinking Indian modernity: The political economyof Indian sexuality. In M. E. John & J. Nair (Eds.), A question ofsilence? The sexual economies of modern India. New Delhi, India: Kalifor Women.Bullough,V. L. (Ed.). (2001). Encyclopedia of birth control. Santa Barbara,CA: ABC-CLIO.Chesler, E. (1992). Woman of valor: Margaret Sanger and the birth con-trol movement in America. New York: Anchor Books.Gandhi, M. K. (1947). Self-restraint versus self-indulgence. Ahmsdabad,India: Navajivan Publishing House.Ginsburg, F. D., & Rapp. R. (1995). Conceiving the new world order:Theglobal politics of reproduction. Berkeley and Los Angeles: CaliforniaUniversity Press.Gordon, L. (1990). Woman’s body, woman’s right: Birth control in Amer-ica. New York: Penguin Books.446 berkshire encyclopedia of world historyMen, their rights, and nothing more; women, their rights,and nothing less.•Susan B. Anthony (1820–1906)
Hopper, H. (2004). Kato Shidzue: A Japanese feminist. New York:Longman.Malthus, T. R. (1914). An essay on population (Vol. 1). London: J. M.Dent and Sons.McLaren, A., & McLaren, A. T. (1997). The bedroom and the state: Thechanging practices and policies of contraception and abortion inCanada, 1880–1997. Toronto, Canada: Oxford University Press.Musallam, B. F. (1983). Sex and society in Islam: Birth control before thenineteenth century. Cambridge, UK: Cambridge University Press.Nueshul, P. (1998). Marie C. Stopes and the popularization of birth con-trol technology. Journal of History of Technology, 39, 245–272.Porter, R., & Hall, L. (1995). The facts of life:The creation of sexual knowl-edge in Britain, 1650–1950. New Haven, CT: Yale University Press.Raina, B. L. (1990). Planning family in India: Prevedic times to early1950s. New Delhi, India: Commonwealth Publishers.Ramirez de Arellano, A., & Seipp, C. ( 1983). Colonialism, Catholicism,and contraception: A history of birth control in Puerto Rico. ChapelHill: The University of North Carolina Press.Ramusack, B. N. (1989). Embattled advocates: The debates on birth con-trol in India, 1920–1940. Journal of Women’s History, 1(2), 34–64.Smith, A. (2002). Better dead than pregnant: The colonization of nativewomen’s reproductive health. In J. Silliman & A. Bhattacharjee (Eds.),Policing the national body: Race, gender and criminalization. Cam-bridge, MA: South End Press.Soloway, R. (1982). Birth control and the population question in England.Chapel Hill: The University of North Carolina Press.Contract LawContract law is the body of law which regulates andenforces promises and exchanges, for either imme-diate or future performance, between two or more con-senting parties and provides legal remedies if one or moreof the parties break these agreements. As such, contractlaw fulfills a moral, social, and economic function. Themoral function of contract law is rooted in the premisethat promises made are to be kept, which is almost uni-versally recognized in customary law, as well as to vary-ing extents in positive law. Socially, contract law is ameans for regulating and defining social relationships,such as in the case of marriage contracts, or contractsbetween different social orders or castes. Economically,contract law facilitates commerce by providing a form oflegal guarantee of remedies for broken contracts, whichfacilitated the development of long-term trade, as well asthe use of negotiable instruments, such as letters of creditand bills of lading.The Moral Function of ContractsThe legal scholar Harold J. Berman wrote that the West-ern ideal of contract law began with the theory that “apromise created an obligation to God” (Berman 1986,112). Not only does the canon law of the Jewish, Islamic,and Christian faiths affirm this idea, nearly all cultureshave a form of contract premised on the moral notion thatpromises are to be kept. In traditional India and China,contracts were often adjudicated in terms of moral prin-ciples (dharma in Hinduism; li in Confucianism); a con-tract which violated general rules of morality or equitycould be ruled invalid, even if the acts were otherwise licit.Roman law mandated that contracts be “clothed,” that is,parties must have had a tangible purpose or reason(causa) for entering into a contract.Therefore,Roman lawemphasized the binding nature of the promises madebetween parties, and in determining the legality of a con-tract, jurists in the Roman law tradition privileged theends, or the reasons for creating the contract over themeans by which the contract was created. Medieval canon-ists added an element of Christian morality to contract lawwhich held that the final purpose of a contract,regardlessof the intermediate expectations of the parties, must con-form to moral principles. The Civil Code of Napoleon(1804) mandated that a valid contract was one to whichparities voluntarily agreed, and that was done for licit pur-poses; the form of the contract was secondary to the ends.In Anglo-American common law, principles of equityapplied as well, and the doctrine of unjust enrichmentmeant that courts could order quasi-contract actions,which are court ordered adjustments to contracts that aremeant to restore equity between the parties, to recoversums from those unjustly enriched on behalf of plaintiffs.The Social Function of ContractsFor most of the history of traditional China and Japan,there was no formal contract law, although other laws,such as imperial or feudal laws, could be used to seek legalprotection and remedies in contract disputes. Moreover,customary law in China and Japan served the purposes ofcontract law 447
substantive contract law.This customary law was closelybound to the social structures of each society: the Confu-cian familial and clan hierarchy in China and the feudalsystem of traditional Japan. In China, the Confucianideal of the family, which dictated strict obligationsbetween individual family members, relationships ofwhole family units to each other, and to the society as awhole, superseded any individual contractual relation-ships. In other words, contractual relationships werebound first by the Confucian system, and only secondar-ily by the individual agreement. Traditionally in China,recourse to the courts was considered the very last resortin a contract dispute; arbitration was almost alwayspreferable, because an irresolvable dispute signified asmall breakdown in the traditional Confucian order. Sim-ilarly in Japan, contract disputes were almost always sub-ject to mediation, except that where in China the familyor clan formed the basis of arbitration, in Japan the feu-dal village more than the family was the operative unit. Inthe West, contract law formed part of a broader law ofobligations which similarly defined social relations. Theintricacies of the Roman system of patronage meant thatRoman law considered “like” contracts (obligationes exquasi contractu), such as the giving of gifts, to be a sourceof legally binding relationships. Even in modern businesspractice, as Stewart Macaulay has observed, contracts areless a means of regulating exchange than a method ofbuilding relationships, and a breach of contract is a seri-ous break which “often results in a ‘divorce’ ending the‘marriage’ between the two businesses, since a contractaction is likely to carry charges with at least an overtoneof bad faith” (Macaulay 1963, 65).The Economic Functions of ContractsThe English legal scholar Henry Maine wrote that a shiftfrom “status to contract” was fundamental to the creationof modern social and economic systems (Maine 1917,100). In other words, modern (i.e., Western) legal sys-tems, contractual relationships, and economic systemsdepended on the social equality of the parties, the abil-ity to freely enter into exchanges, and the confidence thelaw would enforce these exchanges. In ancient Greece,by comparison, although Athenian contract law allowed448 berkshire encyclopedia of world historyContract Law: A Brief OverviewContracts are promises between two parties that arelegally enforceable. The law provides remedies if apromise is breached (not honored) and recognizes theperformance of a promise as a duty. Contracts arisewhen a duty does or may come into existence,because of a promise made by one of the parties. Tobe legally binding as a contract, a promise must beexchanged for adequate consideration. Adequate con-sideration is a benefit or detriment that a partyreceives which reasonably and fairly induces them tomake the promise. For example, promises that arepurely gifts are not considered enforceable becausethe personal satisfaction the grantor of the promisemay receive from the act of giving is normally notconsidered adequate consideration. Certain prom-ises that are not considered contracts may, in limitedcircumstances, be enforced if one party has relied tohis detriment on the assurances of the other party.In the United States, contracts are governed pri-marily by state statutory and common (judge-made)law, as well as by private law. Private law principallyincludes the terms of the agreement between the par-ties who are exchanging promises. This private lawmay override many of the rules otherwise establishedby state law. Statutory law (in the form of codes) mayrequire some contracts be put in writing and executedwith particular formalities. Otherwise, the partiesmay enter into a binding agreement without signinga formal written document.The Uniform CommercialCode, whose original Articles have been adopted innearly every U.S. state, represents a body of statutorylaw that governs important categories of contracts.Contracts related to particular activities or businesssectors may still be highly regulated by state and/orfederal law.On an international level, in 1988, the UnitedStates joined the United Nations Convention onContracts for the International Sale of Goods thatnow governs contracts within its scope.Benjamin S. Kerschberg
for absolute freedom to enter into contracts, in practicethis only applied to citizens of the polis. In the seven-teenth century, English jurists began to emphasize theconcepts of “consideration” and the “bargain,” which,although similar to the Roman concept of causa, dif-fered in that English common law generally did not con-sider either the ends of a contract nor the status of theparties involved. Instead, English law concentrated onthe bargaining between parties from which a considera-tion, an act or promise by which one party acts in con-sideration of a reciprocal action, creates a binding agree-ment. English common law also developed the doctrineof “strict-liability,” which placed an absolute bindingobligation on the parties regardless of the reason fornonperformance. In Paradine v. Jane (1647), a lesseewas still bound to pay rent to his landlord, although thedefendant’s lands and crops had been destroyed duringthe English Civil War, because the court ruled that con-tracts are entered into freely by the parties involved.Thisseemingly harsh measure, however, has been undeniablyimportant in the development of commerce and trade bymaking negotiable instruments, such as letters of credit,checks, and bills of exchange (all of which are essentiallycontracts which promise future payments), a more effi-cacious way of transferring large sums of money, becauseno matter how many parties that negotiable instrumenthas passed, the recipient could expect payment because“strict liability” still bound the original issuer to the orig-inal contract.Historians and Contract LawThe intricacies and formalities of contracts and contractlaw have often been imposing to the point that many his-torians have disregarded contract law as a subject ofinquiry. However, contract law, even in its most formalexpressions, reflects the historical context in which thelaw was created, or contract disputes adjudicated. More-over, as the American legal scholar Lon L. Fuller observed,contract law is not only the positive law of contracts, butan expression of customary law, and thus “contract law. . .refers primarily, not to the law of or about contracts, butto the ‘law’ a contract itself brings into existence” (Fuller1969, 14).Thus, for the historian, contract law can yieldimportant information about culture, ideology, society,and economics and a valuable point of inquiry into thepast.Douglas B. PalmerFurther ReadingAtiyah, P.S. (1995). An introduction to the law of contract. Oxford, UK:Clarendon Press.Berman, H.J. (1986). The religious sources of general contract law: Anhistorical perspective. The Journal of Law and Religion, 4(1), 103–124.Berman, H.J. (2003). Law and revolution:Vol. 2.The impact of the Protes-tant Reformations on the Western legal tradition. Cambridge, MA: Har-vard University Press.Fuller, L.L. (1969). Human interaction and the law. The American Jour-nal of Jurisprudence, 14(1), 1–36.Gordley, J. (1991). The philosophical origins of modern contract doctrine.Oxford, UK: Clarendon Press.Hansen,V. (1995). Negotiating daily life in traditional China: How ordi-nary people used contracts, 600–1400. New Haven, CT: Yale Uni-versity Press.Macaulay, S. (1963). Non-contractual relations in business: A preliminarystudy. The American Sociological Review, 28(1), 55–67.Maine, H. (1917). Ancient law. London: J.M. Dent.Versteeg, R. (2002). Law in the ancient world. Durham, NC: CarolinaAcademic Press.Watson, A. (1995). The spirit of Roman law. Athens: University of Geor-gia Press.Zweigert, K., & Kötz, H. (1987). Introduction to comparative law:Vol. 2.The institutions of private law. Oxford, UK: Clarendon Press.Corvée LaborSee Labor Systems, CoerciveCreation MythsCreation myths are stories, or collections of stories,that tell of the origins of all things: of communitiesand landscapes, of the earth, its animals and plants, of thestars, and of everything that exists. They represent whatcreation myths 449Death is the universal salt of states; Blood is the base of allthings—law and war.•Philip James Bailey (1816–1902)
“history” has meant for most human communities. Cre-ation myths appear to have existed in all human societiesand they are deeply embedded within all the major worldreligions. By offering answers to questions about origins,creation myths provide maps of reality within whichpeople can learn about their place in the cosmos and theroles they are expected to play. As Barbara Sproul haswritten: “[C]reation myths are the most comprehensive ofmythic statements, addressing themselves to the widestrange of questions of meaning, but they are also the mostprofound. They deal with first causes, the essences ofwhat their cultures perceive reality to be. In them peopleset forth their primary understanding of man and theworld, time and space” (1991, 2–3). Marie-Louise vonFranz writes: “[Creation myths] refer to the most basicproblems of human life, for they are concerned with theultimate meaning, not only of our existence, but of theexistence of the whole cosmos” (1972, 5).This article will discuss creation myths and the manystriking parallels that exist between traditional creationmyths and the foundation stories of modern societies,which are embedded within modern science and histori-ography. Are modern accounts of origins fundamentallydifferent from those of traditional societies? Or can they,too, be regarded as “creation myths”? Such questions areworth pursuing because they raise important questionsabout the nature of the truths that can be attained withinmodern historiography, particularly when, like world his-tory, it aspires to a coherent account of the past on manyscales.A Creation Myth ExampleCreation myths have taken many different forms. TheGenesis story within the Judeo-Christian-Islamic reli-gious tradition counts as a creation myth. So do the ori-gin stories found in the oral traditions of societies withoutwritten traditions.Appreciating the full significance of cre-ation myths is difficult because, like so many culturaltraits, their meaning is obvious to those brought up withthem, but opaque to outsiders. So the creation myths ofothers are almost invariably experienced as strange,exotic, and wrong. As the definition of myth in the Ency-clopaedia Americana points out,“a myth is understood inits own society as a true story. (It is only when it is seenfrom outside its society that it has come to acquire thepopular meaning of a story that is untrue)” (Long 1996,699). The difficulties of understanding a creation mythfrom outside can be appreciated from the followingextract. It comes from the account of a French anthro-pologist, Marcel Griaule, who is summarizing his con-versations with Ogotemmeli, a wise man of the Dogonpeople of Mali. Ogotemmeli had been authorized toreveal something of his society’s cosmology, but it is clearfrom the conversation that he was aware of speaking toan outsider, who might not understand or fully appreci-ate all he said, and Griaule himself was acutely aware ofthe difficulties of this complex process of translation.The stars came from pellets of earth flung out into space bythe God Amma, the one God. He had created the sun andthe moon by a more complicated process, which was notthe first known to man but is the first attested invention ofGod: the art of pottery.The sun is, in a sense, a pot raisedonce for all to white heat and surrounded by a spiral of redcopper with eight turns. The moon is in the same shape,but its copper is white. It was heated only one quarter at atime. Ogotemmeli said he would explain later the move-ments of these bodies. For the moment he was concernedonly to indicate the main lines of the design, and from thatto pass to its actors. He was anxious…to give an idea ofthe size of the sun. “Some,” he said, “think it is as large asthis encampment, which would mean thirty cubits. But itis really bigger. Its surface area is bigger than the whole ofSanga Canton.” And after some hesitation he added: “It isperhaps even bigger than that.”. . .The moon’s function was not important, and he wouldspeak of it later. He said however that, while Africans werecreatures of light emanating from the fullness of the sun,Europeans were creatures of the moonlight: hence theirimmature appearance. . . .The god Amma,…took a lump of clay, squeezed it inhis hand and flung it from him, as he had done with thestars. The clay spread and fell on the north, which is thetop, and from there stretched out to the south, which is thebottom of the world, although the whole movement washorizontal.The earth lies flat, but the north is at the top. It450 berkshire encyclopedia of world history