Shades of Freedom : Racial Politics and Presumptions of the American Legal Process Race and the American Legal Process, Volume II. için kapak resmi
Shades of Freedom : Racial Politics and Presumptions of the American Legal Process Race and the American Legal Process, Volume II.
Başlık:
Shades of Freedom : Racial Politics and Presumptions of the American Legal Process Race and the American Legal Process, Volume II.
Yazar:
Higginbotham, A. Leon.
ISBN:
9780198028673
Yazar Ek Girişi:
Fiziksel Tanımlama:
1 online resource (676 pages)
İçerik:
Cover Page -- Title Page -- Copyright Page -- Dedication -- Preface -- Acknowledgments -- Introduction: From Total Racial Oppression to Shades of Freedom -- The Scope of This Volume -- "A Black Man Did It": Commonalities of Perception -- "It's a Long Road" -- The Role of the Supreme Court -- The Road Ahead: Still Many "Miles to Go" -- 1:   My Forty-Year Journey in Formulating the Precepts -- 2:   The Precept of Inferiority -- The Most Enduring Precept -- The Object of Hate -- The Stages of Development of the Precept of Inferiority -- 3:   The Ancestry of Inferiority (1619-1662) -- Last Among Equals -- Blackness As Sin -- 4:   The Ideology of Inferiority (1662-1830) -- Determining Status by Sex, Marriage, and Racial "Purity" -- Redeeming the "Inferior" Through Religion and Civilization? -- Punishment, Murder, Malice, and Inferiority -- 5:   The Politics of Inferiority (1830-1865) -- Abolition and Uncle Tom: Political Posturing Without Challenging Notions of Inferiority -- Dred Scott v. Sandford: The Legal Defense of Inferiority -- 6:   The Constitutional Language of Slavery: From Non-disclosure to Abolition, 1787-1866 -- The Framers' Intentional Non-disclosure of Their Legitimization of Slavery and Their Implementation of the Precept of Black Inferiority -- Conflicting Assessments of a Constitution that Sanctioned Slavery -- The Emancipation Proclamation and the Thirteenth Amendment -- The Civil Rights Act of 1866 -- 7:   The Dream of Freedom and Its Demise -- Had "The long sickness … come to end"? -- The One Pervading Purpose -- The Beginning of the Judicial Betrayal of African Americans -- The Political Betrayal: The 1877 Hayes-Tilden Election Compromise -- 8:   The Supreme Court's Sanction of Racial Hatred: The 1883 Civil Rights Cases -- The Inferiority Precept and Public Accommodations.

The Impact of the Precept of Inferiority in the Supreme Court's Review -- "Ain't I a Woman?" -- Sallie Robinson's Treatment as an Inferior -- The Supreme Court's Implicit Acceptance of the Precept of Inferiority -- 9:   The Supreme Court's Legitimization of Racism: Plessy v. Ferguson: A Case Wrongly Decided -- A Circular Journey -- Should Someone Seven-eighths White Be Sent to Jail for Sitting in the "Whites Only" Compartment? -- The Majority's Legitimization of Racism -- The Reasonableness of Racism -- Was the "Underlying Fallacy" ofPlessy's Argument Solely in the Mind-Set of African Americans, Perceiving Themselves as Inferior? -- Justice John Marshall Harlan's Dissent: Was It an Omniscient Egalitarian Pronouncement or Was It a Muted Racist's Statement? -- The Consequences of the "Separate But Equal" Doctrine -- 10:   Too Inferior To Be Their Neighbor -- 11:   Unequal Justice in the State Criminal Justice System -- Race Matters -- Racism in the Courts as Symptoms, Signals, and Symbols of Racism in the Broader Society -- Racism in the Courtroom as a Symptom of Societal Racism -- Racism in the Courtroom as a Signal of Societal Racism -- Racism in the Courtroom as Cultural Symbolism -- Apartheid in the Courthouse -- Segregated Spectator Seating -- The Barriers of Standing -- Whites Only Courthouse Cafeterias: One Court* s View of "Separate But Equal' as a Step Forward -- Race-Segregated Restrooms -- Overt Discrimination by Judges in the Courtroom -- Failure to Accord Black Witnesses the Civilities Customarily Accorded to White Witnesses -- The Denial of Standing to a Lawyer Seeking to Assert His Client* s Right to Be Addressed with the Civilities Accorded to Whites -- Examples of Racially Discriminatory Courtroom Treatment Resting on Derogatory Myths About African Americans as a People -- Racially Biased Statements by Counsel.

Prosecutorial Appeals to Fear of Violence by African Americans -- Appeals to the Stereotype of African Americans as Prone to Rape White Women -- Claims of African-American Race Hatred Toward Whites -- Racist Characterizations of African Americans-from "Pickaninny" to "Nigger" -- Judicial Conduct -- 12:   Limiting the Seeds of Race Hatred: The Charles Evans Hughes Supreme Court Era (1930-1941) -- Civil Rights for African Americans in the 1930s -- Segregation and the Congressman: "It didn't make a damn bit of difference who I was" -- Race Discrimination at the Citadel of Justice -- "The Prejudices Which Judges Share with Their Fellow-Men" -- The Gulf Between Two Justices -- Charles Evans Hughes -- James C. McReynolds -- The Hughes Court's Diminution of the Inferiority Precept Under Law -- The Criminal Justice Process -- Education -- The Right to Vote -- The Hughes Court in Retrospect -- 13:   Voting Rights, Pluralism, and Political Power -- "A Page of History"-1832-1992 -- The Antebellum Period: Pennsylvania and the Northern Responses -- The Reconstruction Era -- Post-Reconstruction North Carolina History -- The Persistence of Significant Political Racism in North Carolina in the Last Four Decades -- The Return of Race-Baiting Campaigns -- The Aftermath of the Voting Rights Act -- North Carolina's Racial Politics Disproportionately Harm African Americans -- Epilogue -- Appendix: The Ten Precepts of American Slavery Jurisprudence -- The Problem of Categorization: Precept, Commandment, or Declaration -- Why Ten Precepts? -- The Interrelationships of the Precepts -- The First Precept: Inferiority -- The Second Precept: Property -- The Third Precept: Powerlessness -- Problems of Formulation -- The Post-Civil War Impact of the Precepts -- The Quest for Universal Human Rights -- Articles published by A. Leon Higginbotham, Jr. -- Notes -- Index.

Table of Cases.
Özet:
In 'Shades of Freedom', A. Leon Higginbotham provides a magisterial account of the interaction between the law and racial oppression in America from colonial times to the present. 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.
Notlar:
Electronic reproduction. Ann Arbor, Michigan : ProQuest Ebook Central, 2017. Available via World Wide Web. Access may be limited to ProQuest Ebook Central affiliated libraries.
Elektronik Erişim:
Click to View
Ayırtma: Copies: