Law Society & Politics in the Midwest

Historical and Contemporary Perspectives on Race and Law

By: David Thomas Konig (Editor), Paul Finkelman (Editor), Christopher Alan Bracey (Editor)

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Hardcover | 6 July 2010

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292 Pages

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23.5 x 15.88 x 1.91

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In 1846 two slaves, Dred and Harriet Scott, filed petitions for their freedom in the Old Courthouse in St. Louis, Missouri. As the first true civil rights case decided by the U.S. Supreme Court, Dred Scott v. Sandford raised issues that have not been fully resolved despite three amendments to the Constitution and more than a century and a half of litigation.

The Dred Scott Case: Historical and Contemporary Perspectives on Race and Law presents original research and the reflections of the nation's leading scholars who gathered in St. Louis to mark the 150th anniversary of what was arguably the most infamous decision of the U.S. Supreme Court. The decision, which held that African Americans "had no rights" under the Constitution and that Congress had no authority to alter that, galvanized Americans and thrust the issue of race and law to the center of American politics. This collection of essays revisits the history of the case and its aftermath in American life and law. In a final section, the present-day justices of the Missouri Supreme Court offer their reflections on the process of judging and provide perspective on the misdeeds of their nineteenth-century predecessors who denied the Scotts their freedom.

Contributors: Austin Allen, Adam Arenson, John Baugh, Hon. Duane Benton, Christopher Alan Bracey, Alfred L. Brophy, Paul Finkelman, Louis Gerteis, Mark Graber, Daniel W. Hamilton, Cecil J. Hunt II, David Thomas Konig, Leland Ware, Hon. Michael A. Wolff

Industry Reviews

"(T)hese essays have collectively expanded the context of the case and greatly enriched our understanding of its impact, then and now.... (an) enormously thought-provoking volume."
"(The Dred Scott Case) conveniently brings together a striking array of important perspectives, both on the nineteenth-century story of Dred Scott itself and on its continuing significance. Scholars and undergraduates alike will find this volume rewarding."

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You Can Find This Book In

Non-Fiction History Regional & National History History of the Americas Specific Events & Topics in History Slavery & Abolition of Slavery Politics & Government Political Control & Freedoms Human Rights Civil Rights & Citizenship Law Laws of Specific Jurisdictions

Constitutional & Administrative Law Human Rights & Civil Liberties Law Earliest Times to Present Day Modern History from 1700 to 1900 Jurisprudence & General Issues Legal Skills & Practice

Acknowledgments	p. ix
Introduction American Confluence: History, Race, and Law	p. 1
Historical Perspectives: The Power of the Past
Constitutional Law and the Legitimation of History
The Enduring Force of Roger Taney's ôopinion of the courtö	p. 9
Dred Scott versus the Dred Scott Case
The History and Memory of a Signal Moment in American Slavery, 1857-2007	p. 25
Historical Perspectives: The Legacy of Dred Scott
John Brown, Abraham Lincoln, Dred Scott, and the Problem of Constitutional Evil	p. 49
The Legacy of the Dred Scott Case
The Uncertain Course of Emancipation in Missouri	p. 68
An Exaggerated Legacy
Dred Scott and Substantive Due Process	p. 83
Emancipation and Contract Law
Litigating Human Property after the Civil War	p. 100
Contemporary Perspectives
Dred Scott, Human Dignity, and the Quest for a Culture of Equality	p. 119
Dred Scott, Racial Stereotypes, and the ôenduring marks of inferiorityö	p. 140
Unmasking the Lie
Dred Scott and the Antebellum Southern Honor Culture	p. 156
Whose Ancestors Were Imported into This Country and Sold as Slaves?	p. 171
Considering Reparations for Dred Scott	p. 177
Judicial Perspectives
Lessons for Judges from Scott v. Emerson	p. 193
Missouri Law, Politics, and the Dred Scott Case	p. 212
The Strange Career of Dred Scott
From Fort Armstrong to Guantánamo Bay	p. 227
Select Bibliography	p. 253
List of Contributors	p. 273
Index	p. 275
Table of Contents provided by Ingram. All Rights Reserved.

Law Society & Politics in the Midwest

Historical and Contemporary Perspectives on Race and Law

At a Glance

Hardcover

Industry Reviews

Shipping

How to return your order

Defective items

You Can Find This Book In

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