Race, place, and the law, 1836-1948
Black and white Americans have occupied separate spaces since the days of "the big house" and "the quarters." But the segregation and racialization of American society was not a natural phenomenon that "just happened." The decisions, enacted into laws, that kept the races apart and restricted blacks to less desirable places sprang from legal reasoning which argued that segregated spaces were right, reasonable, and preferable to other arrangements. In this book, David Delaney explores the historical intersections of race, place, and the law. Drawing on court cases spanning more than a century, he examines the moves and countermoves of attorneys and judges who participated in the geopolitics of slavery and emancipation; in the development of Jim Crow segregation, which effectively created apartheid laws in many cities; and in debates over the "doctrine of changed conditions," which challenged the legality of restrictive covenants and private contracts designed to exclude people of color from white neighborhoods. This historical investigation yields new insights into the patterns of segregation that persist in American society today.
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Geographies of Slavery and Emancipation 29
Legal Reasoning and the Geopolitics of NineteenthCentury
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American attorneys Baltimore boundary Brief for Defendant Buchanan changed conditions chapter Chevalier and Beckley citizens Civil Rights claims comity complex conceptions concerned conflicting constitutional contract Critical Legal Studies distinction doctrine of changed Dred Scott effect enforcement fact federal Fourteenth Amendment Fugitive Slave geographies of power geographies of race geopolitics of race Grady Groner Hundley ideologies interpretation Jim Crow judges judicial jurification Justice Law Review legal argument legal discourse legal landscape legal meaning legal practice legal reasoning legal spaces legislation lives Louisville ment Moorfield Storey move NAACP Negro neighborhood North owners participants personal liberty law plaintiff plantation planters police power political Prigg problem prohibited question race and racism race relations racial segregation racism Reconstruction restrictive covenants rhetorical rule Scotts shaped significant simply slaveholders slavery social relations South southern stories territories tion U.S. Supreme Court understanding urban Warley white supremacist