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The Plessy Case : A Legal-Historical Interpretation - Charles A. Lofgren
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The Plessy Case

A Legal-Historical Interpretation

By: Charles A. Lofgren

Paperback | 1 October 1988

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In 1896 the U.S. Supreme Court case Plessy v. Ferguson upheld "equal but separate accommodations for the white and colored races" on all passenger railways within the state of Louisiana. In this account with implications for present-day America, Lofgren traces the roots of this landmark case in the post-Civil War South and pinpoints its moorings in the era's constitutional, legal, and intellectual doctrines. After reviewing de facto racial separation and the shift by southern states to legislated transportation segregation, he shows that the Fourteenth Amendment became a ready vehicle for legitimating classification by race. At the same time, scientists and social scientists were proclaiming black racial inferiority and lower courts were embracing separate-but-equal in ordinary law suits. Within this context, a group of New Orleans blacks launched a judicial challenge to Louisiana's 1890 Separate Car Law and carried the case to the Supreme Court, where the resulting opinions
by Justices Henry Billings Brown and John Marshall Harlan pitted legal doctrines and "expert" opinion about race against the idea of a color-blind Constitution. Throughout his account, Lofgren probes the intellectual premises that shaped this important episode in the history of law and race in America--an episode that still raises troubling questions about racial classification and citizenship--revealing its dynamics and place in the continuum of legal change.
Industry Reviews
"Richly documented, well-written....Constitutional scholars will most certainly accept Lofgren's work as the definitive study of the Plessy case."--American Historical Review "An important work, one that belongs in every research and law library. It is essential reading for all scholars dealing with the history of constititional protections of American civil rights."--American Journal of Legal History "An intelligent and provocative study...[that] is likely to remain definitive."--Journal of Southern History "Well-researched and thoughtful...Deserves the attention of all those interested in civil rights law and history."--Journal of American History "A close, valuable look at a crucial bit of history."--Kirkus Reviews "Richly documented, well-written....Constitutional scholars will most certainly accept Lofgren's work as the definitive study of the Plessy case."--American Historical Review "An important work, one that belongs in every research and law library. It is essential reading for all scholars dealing with the history of constititional protections of American civil rights."--American Journal of Legal History "An intelligent and provocative study...[that] is likely to remain definitive."--Journal of Southern History "Well-researched and thoughtful...Deserves the attention of all those interested in civil rights law and history."--Journal of American History "A close, valuable look at a crucial bit of history."--Kirkus Reviews "The greatest contribution of Lofgren's book is its analysis of the case within 'the legal-racial matrix of the 1890s, with an eye toward explaining why it turned out as it did'....Lofgren's study is original, nuanced, and sharply argued. His analysis of the role of 'science' in the case raises disturbing questions about jurisprudence resting on empirical data rather than principle."--Reviews in American History "Meticulous and painstakingly detailed, this lawyerly history supersedes all previous accounts of the landmark 1896 U.S. Supreme Court decision."--Georgia Historical Quarterly "Lofgren has added greatly to our knowledge of civil rights law."--Library Journal

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