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Author: Paul Finkelman Publisher: The Lawbook Exchange, Ltd. ISBN: 188636348X Category : Electronic books Languages : en Pages : 360
Book Description
Winner, Joseph A. Andrews Award from the American Association of Law Libraries, 1986. Provides a detailed discussion and analysis of the pamphlet materials on the law of slavery published in the United States and Great Britain.
Author: Paul Finkelman Publisher: The Lawbook Exchange, Ltd. ISBN: 188636348X Category : Electronic books Languages : en Pages : 360
Book Description
Winner, Joseph A. Andrews Award from the American Association of Law Libraries, 1986. Provides a detailed discussion and analysis of the pamphlet materials on the law of slavery published in the United States and Great Britain.
Author: Jeannine Marie DeLombard Publisher: Univ of North Carolina Press ISBN: 0807830860 Category : History Languages : en Pages : 346
Book Description
America's legal consciousness was high during the era that saw the imprisonment of abolitionist editor William Lloyd Garrison, the execution of slave revolutionary Nat Turner, and the hangings of John Brown and his Harpers Ferry co-conspirators.
Author: Paul Finkelman Publisher: Harvard University Press ISBN: 0674051211 Category : Law Languages : en Pages : 301
Book Description
In ruling after ruling, the three most important pre–Civil War justices—Marshall, Taney, and Story—upheld slavery. Paul Finkelman establishes an authoritative account of each justice’s proslavery position, the reasoning behind his opposition to black freedom, and the personal incentives that embedded racism ever deeper in American civic life.
Author: Earl M. Maltz Publisher: University Press of Kansas ISBN: 0700616667 Category : Law Languages : en Pages : 384
Book Description
During America's turbulent antebellum era, the Supreme Court decided important cases—most famously Dred Scott—that spoke to sectional concerns and shaped the nation's response to the slavery question. Much scholarship has been devoted to individual cases and to the Taney Court, but this is the first comprehensive examination of the major slavery cases that came before the Court between 1825 and 1861. Earl Maltz presents a detailed analysis of all eight cases and explains how each fit into the slavery politics of its time, beginning with The Antelope, heard by the John Marshall Court, and continuing with the seven other cases taken before the Roger Taney Court: The Amistad, Groves v. Slaughter, Prigg v. Pennsylvania, Strader v. Graham, Dred Scott v. Sandford, Ableman v. Booth, and Kentucky v. Denison. Case by case, Maltz identifies the political and legal forces that shaped each of the judicial outcomes while clarifying the evolution of the Court's slavery-related jurisprudence. He reveals the beliefs of each justice about the morality of slavery and the judicial role in constitutional cases to show how their actions were determined by a complex interaction of political and doctrinal considerations. Thus he offers a more nuanced understanding of the antebellum federal judiciary, showing how the decision in Prigg hinged on views about federalism as well as attitudes toward human freedom, while the question of which slaves were freed in The Antelope depended more on complex fact-finding than on a condemnation of the slave trade. Maltz also challenges the view that the Taney Court simply mirrored Southern interests and argues that, despite Dred Scott, the overall record of the Court was not particularly proslavery. Although the progression of the Court's decisions reflects a change in the tenor of the conflict over slavery, the aftermath of those decisions illustrates the limits of the Court's ability to change the dynamic that governed political struggles over such divisive issues. As the first accessible account of all of these cases, Slavery and the Supreme Court, 1825–1861 underscores the Court's limited capability to resolve the intractable political conflicts that sharply divided our nation during this period.
Author: Earl M. Maltz Publisher: Landmark Law Cases & American ISBN: Category : Law Languages : en Pages : 200
Book Description
Closely examines on of the Supreme Court's most infamous decisions: that went far beyond one slave's suit for "freeman" status by declaring that ALL blacks--freemen as well as slaves--were not, and never could become, U.S. citizens, bringing an end to the 1820 Missouri Compromise, while also resulting in the outrage that led to the Civil War.
Author: Mark V. Tushnet Publisher: ISBN: Category : Law Languages : en Pages : 444
Book Description
Tying together legal, historical, social, political and literary strands to show how the law itself was implicated in the persistence of slavery, this work sheds new light on slavery and Southern history, as it probes the conscience of a troubled jurist incapable of fully transcending his times.
Author: Ariela J. Gross Publisher: Princeton University Press ISBN: 1400823846 Category : History Languages : en Pages : 275
Book Description
In a groundbreaking study of the day-to-day law and culture of slavery, Ariela Gross investigates the local courtrooms of the Deep South where ordinary people settled their disputes over slaves. Buyers sued sellers for breach of warranty when they considered slaves to be physically or morally defective; owners sued supervisors who whipped or neglected slaves under their care. Double Character seeks to explain how communities dealt with an important dilemma raised by these trials: how could slaves who acted as moral agents be treated as commodities? Because these cases made the character of slaves a central legal question, slaves' moral agency intruded into the courtroom, often challenging the character of slaveholders who saw themselves as honorable masters. Gross looks at the stories about white and black character that witnesses and litigants put forth in court. She not only reveals the role of law in constructing "race" but also offers a portrait of the culture of slavery, one that addresses historical debates about law, honor, and commerce in the American South. Gross maintains that witnesses and litigants drew on narratives available in the culture at large to explain the nature and origins of slaves' character, such as why slaves became runaways. But the legal process also shaped their expressions of racial ideology by favoring certain explanations over others. Double Character brings to life the law as a dramatic ritual in people's daily lives, looking at trials from the perspective of litigants, lawyers, doctors, and the slaves themselves. The author's approach combines the methods of cultural anthropology, quantitative social history, and critical race theory.
Author: Don Edward Fehrenbacher Publisher: ISBN: Category : History Languages : en Pages : 802
Book Description
Winner of the Pulitzer Prize in 1979, The Dred Scott Case is a masterful examination of the most famous example of judicial failure--the case referred to as "the most frequently overturned decision in history."On March 6, 1857, Chief Justice Roger B. Taney delivered the Supreme Court's decision against Dred Scott, a slave who maintained he had been emancipated as a result of having lived with his master in the free state of Illinois and in federal territory where slavery was forbidden by the Missouri Compromise. The decision did much more than resolve the fate of an elderly black man and his family: Dred Scott v. Sanford was the first instance in which the Supreme Court invalidated a major piece of federal legislation. The decision declared that Congress had no power to prohibit slavery in the federal territories, thereby striking a severe blow at the the legitimacy of the emerging Republican party and intensifying the sectional conflict over slavery.This book represents a skillful review of the issues before America on the eve of the Civil War. The first third of the book deals directly with the with the case itself and the Court's decision, while the remainder puts the legal and judicial question of slavery into the broadest possible American context. Fehrenbacher discusses the legal bases of slavery, the debate over the Constitution, and the dispute over slavery and continental expansion. He also considers the immediate and long-range consequences of the decision.
Author: Jenny S. Martinez Publisher: OUP USA ISBN: 0195391624 Category : History Languages : en Pages : 264
Book Description
There is a broad consensus among scholars that the idea of human rights was a product of the Enlightenment but that a self-conscious and broad-based human rights movement focused on international law only began after World War II. In this book, the nineteenth century's absence is conspicuous - few have considered that era seriously, much less written books on it. But as this author shows, the foundation of the movement that we know today was a product of one of the nineteenth century's central moral causes: the movement to ban the international slave trade.
Author: Paul Finkelman
Author: Paul Finkelman
Author: Jeannine Marie DeLombard
Author: Paul Finkelman
Author: Earl M. Maltz
Author: Paul Finkelman
Author: Earl M. Maltz
Author: Mark V. Tushnet
Author: Ariela J. Gross
Author: Don Edward Fehrenbacher
Author: Jenny S. Martinez