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A Degraded Caste of Society
A Degraded Caste of Society traces the origins of twenty-first-century cases of interracial violence to the separate and unequal protection principles of the criminal law of enslavement in the southern United States. Andrew T. Fede explains how antebellum appellate court opinions and statutes, when read in a context that includes newspaper articles and trial court and census records, extended this doctrine to the South’s free Black people, consigning them to what South Carolina justice John Belton O’Neall called “a degraded caste of society,” in which they were “in no respect, on a perfect equality with the white man.” This written law either criminalized Black insolence or privi...
The Mind of the Master Class
The Mind of the Master Class tells of America's greatest historical tragedy. It presents the slaveholders as men and women, a great many of whom were intelligent, honorable, and pious. It asks how people who were admirable in so many ways could have presided over a social system that proved itself an enormity and inflicted horrors on their slaves. The South had formidable proslavery intellectuals who participated fully in transatlantic debates and boldly challenged an ascendant capitalist ('free-labor') society. Blending classical and Christian traditions, they forged a moral and political philosophy designed to sustain conservative principles in history, political economy, social theory, and theology, while translating them into political action. Even those who judge their way of life most harshly have much to learn from their probing moral and political reflections on their times - and ours - beginning with the virtues and failings of their own society and culture.
Creating Citizenship in the Nineteenth-Century South
“This is a remarkable collection of essays. Citizenship clearly forms the backbone for these investigations but the range of the contributors’ backgrounds (in terms of disciplinary training) and the approaches they take to the question makes this collection both broad and deep. As it turns out, there is no other way to tackle a concept as central but also as slippery as citizenship. A shorter or more focused collection would miss the nuances and insights that this one offers.”—Aaron Sheehan-Dean, author of Why Confederates Fought: Family and Nation in Civil War Virginia “President Obama’s citizenship continues to be questioned by the ‘birthers,’ the Cherokee Nation has revoke...
Roadblocks to Freedom
This new book by Andrew Fede considers the law of freedom suits and manumission from the point-of-view of legal procedure, evidence rules, damage awards, and trial practicein addition to the abstract principles stated in the appellate decisions. The author shows that procedural and evidentiary roadblocks made it increasingly impossible for many slaves, or free blacks who were wrongfully held as slaves, to litigate their freedom. Even some of the most celebrated cases in which the courts freed slaves must be read as tempered by the legal realities the actors faced or the courts actually recognized in the process. Slave owners in almost all slave societies had the right to manumit or free all ...
Cultivating Race
From the eighteenth century to the eve of the Civil War, Georgia's racial order shifted from the somewhat fluid conception of race prevalent in the colonial era to the harsher understanding of racial difference prevalent in the antebellum era. In Cultivating Race: The Expansion of Slavery in Georgia, 1750--1860, Watson W. Jennison explores the centrality of race in the development of Georgia, arguing that long-term structural and demographic changes account for this transformation. Jennison traces the rise of rice cultivation and the plantation complex in low country Georgia in the mid-eighteenth century and charts the spread of slavery into the up country in the decades that followed. Cultivating Race examines the "cultivation" of race on two levels: race as a concept and reality that was created, and race as a distinct social order that emerged because of the specifics of crop cultivation. Using a variety of primary documents including newspapers, diaries, correspondence, and plantation records, Jennison offers an in-depth examination of the evolution of racism and racial ideology in the lower South.
Homicide Justified
This comparative study looks at the laws concerning the murder of slaves by their masters and at how these laws were implemented. Andrew T. Fede cites a wide range of cases--across time, place, and circumstance--to illuminate legal, judicial, and other complexities surrounding this regrettably common occurrence. These laws had evolved to limit in different ways the masters' rights to severely punish and even kill their slaves while protecting valuable enslaved people, understood as "property," from wanton destruction by hirers, overseers, and poor whites who did not own slaves. To explore the conflicts of masters' rights with state and colonial laws, Fede shows how slave homicide law evolved...
Breaking Conventions
This rich history illuminates the lives and partnerships of five married couples – two British, three American – whose unions defied the conventions of their time and anticipated social changes that were to come in the ensuing century. In all five marriages, both husband and wife enjoyed thriving professional lives: a shocking circumstance at a time when wealthy white married women were not supposed to have careers, and career women were not supposed to marry. Patricia Auspos examines what we can learn from the relationships of the Palmers, the Youngs, the Parsons, the Webbs, and the Mitchells, exploring the implications of their experiences for our understanding of the history of gender...
The Litchfield Law School
In this well-researched and engaging book, Paul DeForest Hicks makes a convincing case that the Litchfield Law School provided the most innovative and successful legal education program in the country for almost fifty years (1784-1833). A recent history of the Harvard Law School acknowledged, “In retrospect, both Harvard and Yale have envied Litchfield’s success and wished to claim it as their ancestor.” Upwards of twelve hundred bright and ambitious students came from all over the country to study law at Litchfield with Tapping Reeve and James Gould, who took a national rather than state perspective in their lectures on the evolving principles of American common law. In every year fro...
The Yale Biographical Dictionary of American Law
This book is the first to gather in a single volume concise biographies of the most eminent men and women in the history of American law. Encompassing a wide range of individuals who have devised, replenished, expounded, and explained law, The Yale Biographical Dictionary of American Law presents succinct and lively entries devoted to more than 700 subjects selected for their significant and lasting influence on American law. Casting a wide net, editor Roger K. Newman includes individuals from around the country, from colonial times to the present, encompassing the spectrum of ideologies from left-wing to right, and including a diversity of racial, ethnic, and religious groups. Entries are d...
