Shades Of Freedom

Author: A. Leon Higginbotham Jr.
Publisher: Oxford University Press
ISBN: 9780198028673
Size: 15.36 MB
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Few individuals have had as great an impact on the law--both its practice and its history--as A. Leon Higginbotham, Jr. A winner of the Presidential Medal of Freedom, the nation's highest civilian honor, he has distinguished himself over the decades both as a professor at Yale, the University of Pennsylvania, and Harvard, and as a judge on the United States Court of Appeals. But Judge Higginbotham is perhaps best known as an authority on racism in America: not the least important achievement of his long career has been In the Matter of Color, the first volume in a monumental history of race and the American legal process. Published in 1978, this brilliant book has been hailed as the definitive account of racism, slavery, and the law in colonial America. Now, after twenty years, comes the long-awaited sequel. In Shades of Freedom, Higginbotham provides a magisterial account of the interaction between the law and racial oppression in America from colonial times to the present, demonstrating how the one agent that should have guaranteed equal treatment before the law--the judicial system--instead played a dominant role in enforcing the inferior position of blacks. The issue of racial inferiority is central to this volume, as Higginbotham documents how early white perceptions of black inferiority slowly became codified into law. Perhaps the most powerful and insightful writing centers on a pair of famous Supreme Court cases, which Higginbotham uses to portray race relations at two vital moments in our history. The Dred Scott decision of 1857 declared that a slave who had escaped to free territory must be returned to his slave owner. Chief Justice Roger Taney, in his notorious opinion for the majority, stated that blacks were "so inferior that they had no right which the white man was bound to respect." For Higginbotham, Taney's decision reflects the extreme state that race relations had reached just before the Civil War. And after the War and Reconstruction, Higginbotham reveals, the Courts showed a pervasive reluctance (if not hostility) toward the goal of full and equal justice for African Americans, and this was particularly true of the Supreme Court. And in the Plessy v. Ferguson decision, which Higginbotham terms "one of the most catastrophic racial decisions ever rendered," the Court held that full equality--in schooling or housing, for instance--was unnecessary as long as there were "separate but equal" facilities. Higginbotham also documents the eloquent voices that opposed the openly racist workings of the judicial system, from Reconstruction Congressman John R. Lynch to Supreme Court Justice John Marshall Harlan to W. E. B. Du Bois, and he shows that, ironically, it was the conservative Supreme Court of the 1930s that began the attack on school segregation, and overturned the convictions of African Americans in the famous Scottsboro case. But today racial bias still dominates the nation, Higginbotham concludes, as he shows how in six recent court cases the public perception of black inferiority continues to persist. In Shades of Freedom, a noted scholar and celebrated jurist offers a work of magnificent scope, insight, and passion. Ranging from the earliest colonial times to the present, it is a superb work of history--and a mirror to the American soul.

Shades Of Freedom Racial Politics And Presumptions Of The American Legal Process Race And The American Legal Process Volume Ii

Author: A. Leon Higginbotham
Publisher: Oxford University Press
ISBN: 0195122887
Size: 27.72 MB
Format: PDF, Docs
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Few individuals have had as great an impact on the law--both its practice and its history--as A. Leon Higginbotham, Jr. A winner of the Presidential Medal of Freedom, the nation's highest civilian honor, he has distinguished himself over the decades both as a professor at Yale, the University of Pennsylvania, and Harvard, and as a judge on the United States Court of Appeals. But Judge Higginbotham is perhaps best known as an authority on racism in America: not the least important achievement of his long career has been In the Matter of Color, the first volume in a monumental history of race and the American legal process. Published in 1978, this brilliant book has been hailed as the definitive account of racism, slavery, and the law in colonial America.Now, after twenty years, comes the long-awaited sequel. In Shades of Freedom, Higginbotham provides a magisterial account of the interaction between the law and racial oppression in America from colonial times to the present, demonstrating how the one agent that should have guaranteed equal treatment before the law--the judicial system--instead played a dominant role in enforcing the inferior position of blacks. The issue of racial inferiority is central to this volume, as Higginbotham documents how early white perceptions of black inferiority slowly became codified into law. Perhaps the most powerful and insightful writing centers on a pair of famous Supreme Court cases, which Higginbotham uses to portray race relations at two vital moments in our history. The Dred Scott decision of 1857 declared that a slave who had escaped to free territory must be returned to his slave owner. Chief Justice Roger Taney, in his notorious opinion for the majority, stated that blacks were "so inferior that they had no right which the white man was bound to respect." For Higginbotham, Taney's decision reflects the extreme state that race relations had reached just before the Civil War. And after the War and Reconstruction, Higginbotham reveals, the Courts showed a pervasive reluctance (if not hostility) toward the goal of full and equal justice for African Americans, and this was particularly true of the Supreme Court. And in the Plessy v. Ferguson decision, which Higginbotham terms "one of the most catastrophic racial decisions ever rendered," the Court held that full equality--in schooling or housing, for instance--was unnecessary as long as there were "separate but equal" facilities. Higginbotham also documents the eloquent voices that opposed the openly racist workings of the judicial system, from Reconstruction Congressman John R. Lynch to Supreme Court Justice John Marshall Harlan to W. E. B. Du Bois, and he shows that, ironically, it was the conservative Supreme Court of the 1930s that began the attack on school segregation, and overturned the convictions of African Americans in the famous Scottsboro case. But today racial bias still dominates the nation, Higginbotham concludes, as he shows how in six recent court cases the public perception of black inferiority continues to persist.In Shades of Freedom, a noted scholar and celebrated jurist offers a work of magnificent scope, insight, and passion. Ranging from the earliest colonial times to the present, it is a superb work of history--and a mirror to the American soul.

Black Rights White Wrongs

Author: Charles W. Mills
Publisher: Oxford University Press
ISBN: 0190245425
Size: 53.29 MB
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Liberalism is the political philosophy of equal persons - yet liberalism has denied equality to those it saw as sub-persons. Liberalism is the creed of fairness - yet liberalism has been complicit with European imperialism and African slavery. Liberalism is the classic ideology of Enlightenment and political transparency - yet liberalism has cast a dark veil over its actual racist past and present. In sum, liberalism's promise of equal rights has historically been denied to blacks and other people of color. In Black Rights/White Wrongs: The Critique of Racial Liberalism, political philosopher Charles Mills challenges mainstream accounts that ignore this history and its current legacy in self-conceivedly liberal polities today. Mills argues that rather than bracket as an anomaly the role of racism in the development of liberal theory, we should see it as shaping that theory in fundamental ways. As feminists have urged us to see the dominant form of liberalism as a patriarchal liberalism, so too Mills suggests we should see it as a racialized liberalism. It is unsurprising, then, if contemporary liberalism has yet to deliver on the recognition of black rights and the correction of white wrongs. These essays look at racial liberalism, past and present: "white ignorance" as a guilty ignoring of social reality that facilitates white racial domination; Immanuel Kant's role as the most important liberal theorist of both personhood and sub-personhood; the centrality of racial exploitation in the United States; and the evasion of white supremacy in John Rawls's "ideal theory" framing of social justice and in the work of most other contemporary white political philosophers. Nonetheless, Mills still believes that a deracialized liberalism is both possible and desirable. He concludes by calling on progressives to "Occupy liberalism!" and develop accordingly a radical liberalism aimed at achieving racial justice.

In The Matter Of Color

Author: A. Leon Higginbotham
Publisher: Oxford University Press
ISBN: 9780195027457
Size: 41.52 MB
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Focusing on the actions and attitudes of the courts, legislatures, and public servants in six colonies, Judge Higginbotham shows ways in which the law has contributed to injustices suffered by Black Americans

Race In The Shadow Of Law

Author: Eddie Bruce-Jones
Publisher: Routledge
ISBN: 1317233271
Size: 58.76 MB
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Race in the Shadow of Law offers a critical legal analysis of European responses to institutional racism. It draws connections between contemporary legal knowledge practices and colonial systems of thought, arguing that many people of colour experience the law as a part of a racial problem, rather than a solution, to racial injustice. Based on a critical legal ethnography of anti-racism work in Europe, and with an emphasis on the German context, the book positions Black and anti-racist perspectives at the centre, rather than the margins, of critically thinking through the intersection of race and law. Combining this ethnography with comparative legal analysis, discourse analysis and critical race theory, the book develops a critical discussion of the European legal frameworks aimed at regulating racism, and particularly institutional racism, in policy and policing. In linking this critique to the transformative potential of social movements, however, it goes on to examine the strategic and creative possibility of disrupting conventional modes of engaging, and resisting, law.

Encyclopedia Of Race Ethnicity And Society

Author: Richard T. Schaefer
Publisher: SAGE
ISBN: 1412926947
Size: 29.42 MB
Format: PDF, Kindle
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This three volume reference set offers a comprehensive look at the roles race and ethnicity play in society and in our daily lives. General readers, students, and scholars alike will appreciate the informative coverage of intergroup relations in the United States and the comparative examination of race and ethnicity worldwide. These volumes offer a foundation to understanding as well as researching racial and ethnic diversity from a multidisciplinary perspective. Over a hundred racial and ethnic groups are described, with additional thematic essays offering insight into broad topics that cut across group boundaries and which impact on society. The encyclopedia has alphabetically arranged author-signed essays with references to guide further reading. Numerous cross-references aid the reader to explore beyond specific entries, reflecting the interdependent nature of race and ethnicity operating in society. The text is supplemented by photographs, tables, figures and custom-designed maps to provide an engaging visual look at race and ethnicity. An easy-to-use statistical appendix offers the latest data with carefully selected historical comparisons to aid study and research in the area

Inner Lives

Author: Paula Johnson
Publisher: NYU Press
ISBN: 0814743854
Size: 54.26 MB
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The rate of women entering prison has increased nearly 400 percent since 1980, with African American women constituting the largest percentage of this population. However, despite their extremely disproportional representation in correctional institutions, little attention has been paid to their experiences within the criminal justice system. Inner Lives provides readers the rare opportunity to intimately connect with African American women prisoners. By presenting the women's stories in their own voices, Paula C. Johnson captures the reality of those who are in the system, and those who are working to help them. Johnson offers a nuanced and compelling portrait of this fastest-growing prison population by blending legal history, ethnography, sociology, and criminology. These striking and vivid narratives are accompanied by equally compelling arguments by Johnson on how to reform our nation's laws and social policies, in order to eradicate existing inequalities. Her thorough and insightful analysis of the historical and legal background of contemporary criminal law doctrine, sentencing theories, and correctional policies sets the stage for understanding the current system.

The Color Of Crime

Author: Katheryn Russell-Brown
Publisher: NYU Press
ISBN: 9780814776179
Size: 77.33 MB
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America is the most punitive nation in the world, incarcerating more than 2.3 million people—or one in 136 of its residents. Against the backdrop of this unprecedented mass imprisonment, punishment permeates everyday life, carrying with it complex cultural meanings. In The Culture of Punishment, Michelle Brown goes beyond prison gates and into the routine and popular engagements of everyday life, showing that those of us most distanced from the practice of punishment tend to be particularly harsh in our judgments. The Culture of Punishment takes readers on a tour of the sites where culture and punishment meet—television shows, movies, prison tourism, and post 9/11 new war prisons—demonstrating that because incarceration affects people along distinct race and class lines, it is only a privileged group of citizens who are removed from the experience of incarceration. These penal spectators, who often sanction the infliction of pain from a distance, risk overlooking the reasons for democratic oversight of the project of punishment and, more broadly, justifications for the prohibition of pain.

Ghosts Of Jim Crow

Author: F. Michael Higginbotham
Publisher: NYU Press
ISBN: 1479845019
Size: 43.29 MB
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When America inaugurated its first African American president, in 2009, many wondered if the country had finally become a "post-racial" society. Was this the dawning of a new era, in which America, a nation nearly severed in half by slavery, and whose racial fault lines are arguably among its most enduring traits, would at last move beyond race with the election of Barack Hussein Obama? In Ghosts of Jim Crow, F. Michael Higginbotham convincingly argues that America remains far away from that imagined utopia. Indeed, the shadows of Jim Crow era laws and attitudes continue to perpetuate insidious, systemic prejudice and racism in the 21st century. Higginbotham’s extensive research demonstrates how laws and actions have been used to maintain a racial paradigm of hierarchy and separation—both historically, in the era of lynch mobs and segregation, and today—legally, economically, educationally and socially. Using history as a roadmap, Higginbotham arrives at a provocative solution for ridding the nation of Jim Crow’s ghost, suggesting that legal and political reform can successfully create a post-racial America, but only if it inspires whites and blacks to significantly alter behaviors and attitudes of race-based superiority and victimization. He argues that America will never achieve its full potential unless it truly enters a post-racial era, and believes that time is of the essence as competition increases globally.