Black Trials

Citizenship from the Beginnings of Slavery to the End of Caste

Author: Mark S. Weiner

Publisher: Vintage

ISBN: 0307425037

Category: History

Page: 448

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From a brilliant young legal scholar comes this sweeping history of American ideas of belonging and citizenship, told through the stories of fourteen legal cases that helped to shape our nation. Spanning three centuries, Black Trials details the legal challenges and struggles that helped define the ever-shifting identity of blacks in America. From the well-known cases of Plessy v. Ferguson and the Clarence Thomas confirmation hearings to the more obscure trial of Joseph Hanno, an eighteenth-century free black man accused of murdering his wife and bringing smallpox to Boston, Weiner recounts the essential dramas of American identity—illuminating where our conception of minority rights has come from and where it might go. Significant and enthralling, these are the cases that forced the courts and the country to reconsider what it means to be black in America, and Mark Weiner demonstrates their lasting importance for our society. From the Trade Paperback edition.
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Love of Freedom

Black Women in Colonial and Revolutionary New England

Author: Catherine Adams,Elizabeth H. Pleck

Publisher: Oxford University Press

ISBN: 9780199779833

Category: Social Science

Page: 280

View: 7651

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They baked New England's Thanksgiving pies, preached their faith to crowds of worshippers, spied for the patriots during the Revolution, wrote that human bondage was a sin, and demanded reparations for slavery. Black women in colonial and revolutionary New England sought not only legal emancipation from slavery but defined freedom more broadly to include spiritual, familial, and economic dimensions. Hidden behind the banner of achieving freedom was the assumption that freedom meant affirming black manhood The struggle for freedom in New England was different for men than for women. Black men in colonial and revolutionary New England were struggling for freedom from slavery and for the right to patriarchal control of their own families. Women had more complicated desires, seeking protection and support in a male headed household while also wanting personal liberty. Eventually women who were former slaves began to fight for dignity and respect for womanhood and access to schooling for black children.
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In the Shadow of the Gallows

Race, Crime, and American Civic Identity

Author: Jeannine Marie DeLombard

Publisher: University of Pennsylvania Press

ISBN: 0812206339

Category: Literary Criticism

Page: 456

View: 7680

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From Puritan Execution Day rituals to gangsta rap, the black criminal has been an enduring presence in American culture. To understand why, Jeannine Marie DeLombard insists, we must set aside the lenses of pathology and persecution and instead view the African American felon from the far more revealing perspectives of publicity and personhood. When the Supreme Court declared in Dred Scott that African Americans have "no rights which the white man was bound to respect," it overlooked the right to due process, which ensured that black offenders—even slaves—appeared as persons in the eyes of the law. In the familiar account of African Americans' historical shift "from plantation to prison," we have forgotten how, for a century before the Civil War, state punishment affirmed black political membership in the breach, while a thriving popular crime literature provided early America's best-known models of individual black selfhood. Before there was the slave narrative, there was the criminal confession. Placing the black condemned at the forefront of the African American canon allows us to see how a later generation of enslaved activists—most notably, Frederick Douglass—could marshal the public presence and civic authority necessary to fashion themselves as eligible citizens. At the same time, in an era when abolitionists were charging Americans with the national crime of "manstealing," a racialized sense of culpability became equally central to white civic identity. What, for African Americans, is the legacy of a citizenship grounded in culpable personhood? For white Americans, must membership in a nation built on race slavery always betoken guilt? In the Shadow of the Gallows reads classics by J. Hector St. John de Crèvecoeur, Edgar Allan Poe, Frederick Douglass, Herman Melville, George Lippard, and Edward Everett Hale alongside execution sermons, criminal confessions, trial transcripts, philosophical treatises, and political polemics to address fundamental questions about race, responsibility, and American civic belonging.
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FUGITIVE JUSTICE

Author: Steven Lubet

Publisher: Harvard University Press

ISBN: 0674059468

Category: History

Page: 384

View: 4596

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In this book, Steven Lubet examines, in detail, three trials on the great issue of fugitive slaves in the 1850’s, the fugitive slave statutes, and how the legal system coped or failed to cope with the apparent inconsistencies between the Constitution supporting slavery and its purpose of guaranteeing certain rights to every man. The first case occurred in 1851 when a white Pennsylvania miller named Caster Hanway faced treason charges based on his participation in the Christiana slave riot. The second trial was of Anthony Burns in Boston, and the third case arose out of the 1858 capture of John Price by Kentucky slavehunters in the abolitionist stronghold of Oberlin, Ohio. The fugitive slave trials also provide modern readers with uncomfortable insights into the nature of slavery itself. With sincere conviction, many northern judges – including some who claimed to oppose slavery – calmly considered the quantum of evidence necessary to turn a human being into property. This book powerfully illuminates the tremendous bravery of the fugitives, the moral courage of their rescuers and lawyers, and, alas, the failure of American legal and political institutions to come to grips with slavery short of civil war.
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Civic Myths

A Law-and-literature Approach to Citizenship

Author: Brook Thomas

Publisher: UNC Press Books

ISBN: 0807831530

Category: Literary Criticism

Page: 298

View: 8218

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As questions of citizenship generate new debates for this generation of Americans, Thomas argues for revitalizing the role of literature in civic education. He considers 4 case studies in which individuals are presented in literature as "the good citizen,
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The Oxford Handbook of the African American Slave Narrative

Author: John Ernest

Publisher: Oxford University Press, USA

ISBN: 0199731489

Category: Literary Collections

Page: 472

View: 5062

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The Oxford Handbook of the African American Slave Narrative approaches the history of slave testimony in three ways: by prioritizing the broad tradition over individual authors; by representing interdisciplinary approaches to slave narratives; and by highlighting emerging scholarship on slave narratives, concerning both established debates over concerns of authorship and agency, for example, and developing concerns like ecocritical readings of slave narratives. Ultimately, the aim of the Handbook is not to highlight the singularity of any particular account, nor to comfortably locate slave narratives in traditional literary or cultural history, but rather to faithfully represent a body of writing and testimony that was designed to speak for the many, to represent the unspeakable, and to account for the experience of enslaved and nominally free communities.
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The Rule of the Clan

What an Ancient Form of Social Organization Reveals About the Future of Individual Freedom

Author: Mark S. Weiner

Publisher: Farrar, Straus and Giroux

ISBN: 1466836385

Category: Political Science

Page: 272

View: 7752

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A revealing look at the role kin-based societies have played throughout history and around the world A lively, wide-ranging meditation on human development that offers surprising lessons for the future of modern individualism, The Rule of the Clan examines the constitutional principles and cultural institutions of kin-based societies, from medieval Iceland to modern Pakistan. Mark S. Weiner, an expert in constitutional law and legal history, shows us that true individual freedom depends on the existence of a robust state dedicated to the public interest. In the absence of a healthy state, he explains, humans naturally tend to create legal structures centered not on individuals but rather on extended family groups. The modern liberal state makes individualism possible by keeping this powerful drive in check—and we ignore the continuing threat to liberal values and institutions at our peril. At the same time, for modern individualism to survive, liberals must also acknowledge the profound social and psychological benefits the rule of the clan provides and recognize the loss humanity sustains in its transition to modernity. Masterfully argued and filled with rich historical detail, Weiner's investigation speaks both to modern liberal societies and to developing nations riven by "clannism," including Muslim societies in the wake of the Arab Spring.
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Library Journal

Author: N.A

Publisher: N.A

ISBN: N.A

Category: Libraries

Page: N.A

View: 5559

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Includes, beginning Sept. 15, 1954 (and on the 15th of each month, Sept.-May) a special section: School library journal, ISSN 0000-0035, (called Junior libraries, 1954-May 1961). Also issued separately.
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Americans Without Law

The Racial Boundaries of Citizenship

Author: Mark S. Weiner

Publisher: NYU Press

ISBN: 0814793649

Category: Law

Page: 197

View: 1694

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Americans Without Law shows how the racial boundaries of civic life are based on widespread perceptions about the relative capacity of minority groups for legal behavior, which Mark S. Weiner calls “juridical racialism.” The book follows the history of this civic discourse by examining the legal status of four minority groups in four successive historical periods: American Indians in the 1880s, Filipinos after the Spanish-American War, Japanese immigrants in the 1920s, and African Americans in the 1940s and 1950s. Weiner reveals the significance of juridical racialism for each group and, in turn, Americans as a whole by examining the work of anthropological social scientists who developed distinctive ways of understanding racial and legal identity, and through decisions of the U.S. Supreme Court that put these ethno-legal views into practice. Combining history, anthropology, and legal analysis, the book argues that the story of juridical racialism shows how race and citizenship served as a nexus for the professionalization of the social sciences, the growth of national state power, economic modernization, and modern practices of the self.
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