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: 43.35 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

Author: A. Leon Higginbotham Jr.
Publisher: Oxford University Press
ISBN: 9780198028673
Size: 26.31 MB
Format: PDF, ePub
View: 5651
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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: 72.83 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.

Encyclopedia Of Race Ethnicity And Society

Author: Richard T. Schaefer
Publisher: SAGE
ISBN: 1412926947
Size: 67.10 MB
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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: 48.18 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: 63.39 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.

Program

Author: Organization of American Historians
Publisher: The Organization
ISBN:
Size: 59.89 MB
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America Is The Prison

Author: Lee Bernstein
Publisher: UNC Press Books
ISBN: 0807898325
Size: 47.73 MB
Format: PDF
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In the 1970s, while politicians and activists outside prisons debated the proper response to crime, incarcerated people helped shape those debates though a broad range of remarkable political and literary writings. Lee Bernstein explores the forces that sparked a dramatic "prison art renaissance," shedding light on how incarcerated people produced powerful works of writing, performance, and visual art. These included everything from George Jackson's revolutionary Soledad Brother to Miguel Pinero's acclaimed off-Broadway play and Hollywood film Short Eyes. An extraordinary range of prison programs--fine arts, theater, secondary education, and prisoner-run programs--allowed the voices of prisoners to influence the Black Arts Movement, the Nuyorican writers, "New Journalism," and political theater, among the most important aesthetic contributions of the decade. By the 1980s and '90s, prisoners' educational and artistic programs were scaled back or eliminated as the "war on crime" escalated. But by then these prisoners' words had crossed over the wall, helping many Americans to rethink the meaning of the walls themselves and, ultimately, the meaning of the society that produced them.

Faithful Bodies

Author: Heather Miyano Kopelson
Publisher: NYU Press
ISBN: 1479852341
Size: 61.90 MB
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In the seventeenth-century English Atlantic, religious beliefs and practices played a central role in creating racial identity. English Protestantism provided a vocabulary and structure to describe and maintain boundaries between insider and outsider. In this path-breaking study, Heather Miyano Kopelson peels back the layers of conflicting definitions of bodies and competing practices of faith in the puritan Atlantic, demonstrating how the categories of “white,” “black,” and “Indian” developed alongside religious boundaries between “Christian” and “heathen” and between “Catholic” and “Protestant.” Faithful Bodies focuses on three communities of Protestant dissent in the Atlantic World: Bermuda, Massachusetts, and Rhode Island. In this “puritan Atlantic,” religion determined insider and outsider status: at times Africans and Natives could belong as long as they embraced the Protestant faith, while Irish Catholics and English Quakers remained suspect. Colonists’ interactions with indigenous peoples of the Americas and with West Central Africans shaped their understandings of human difference and its acceptable boundaries. Prayer, religious instruction, sexual behavior, and other public and private acts became markers of whether or not blacks and Indians were sinning Christians or godless heathens. As slavery became law, transgressing people of color counted less and less as sinners in English puritans’ eyes, even as some of them made Christianity an integral part of their communities. As Kopelson shows, this transformation proceeded unevenly but inexorably during the long seventeenth century.