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Law and Society in the South reconstructs eight pivotal legal disputes heard in North Carolina courts between the 1830s and the 1970s and examines some of the most controversial issues of southern history, including white supremacy and race relations, the teaching of evolution in public schools, and Prohibition. Finally, the book explores the various ways in which law and society interacted in the South during the civil rights era. The voices of racial minorities-some urging integration, others opposing it-grew more audible within the legal system during this time. Law and Society in the South divulges the true nature of the courts: as the unpredictable venues of intense battles between southerners as they endured dramatic changes in their governing values.
Tying together legal, historical, social, political and literary strands to show how the law itself was implicated in the persistence of slavery, this work sheds new light on slavery and Southern history, as it probes the conscience of a troubled jurist incapable of fully transcending his times.
Bonds of Empire reveals how English law facilitated the expansion of slavery in British America. Moving beyond an examination of criminal law, the book suggests that plantation slavery and the laws that governed it were not beyond the pale of English imperial legal history.
This volume is the first comprehensive history of the evolving relationship between American slavery and the law from colonial times to the Civil War. As Thomas Morris clearly shows, racial slavery came to the English colonies as an institution without strict legal definitions or guidelines. Specifically, he demonstrates that there was no coherent body of law that dealt solely with slaves. Instead, more general legal rules concerning inheritance, mortgages, and transfers of property coexisted with laws pertaining only to slaves. According to Morris, southern lawmakers and judges struggled to reconcile a social order based on slavery with existing English common law (or, in Louisiana, with continental civil law.) Because much was left to local interpretation, laws varied between and even within states. In addition, legal doctrine often differed from local practice. And, as Morris reveals, in the decades leading up to the Civil War, tensions mounted between the legal culture of racial slavery and the competing demands of capitalism and evangelical Christianity.
Race, Law and Society draws together some of the very best writing on race and racism from the law and society tradition, yet it is not intended to merely reprint the greatest hits of the past. Instead, from its introduction to its selection of articles, this anthology is designed as a 'how-to manual', a guide for scholars and students seeking templates for their own work in this important but also tricky area. Race, Law and Society pulls together leading exemplars of the sorts of social science scholarship on race, society and law that will be essential to racial progress as the world begins to travel the twenty-first century.
In Southern Society and Its Transformations, a new set of scholars challenge conventional perceptions of the antebellum South as an economically static region compared to the North. Showing that the pre-Civil War South was much more complex than once thought, the essays in this volume examine the economic lives and social realities of three overlooked but important groups of southerners: the working poor, non-slaveholding whites, and middling property holders such as small planters, professionals, and entrepreneurs. The nine essays that comprise Southern Society and Its Transformations explore new territory in the study of the slave-era South, conveying how modernization took shape across the region and exploring the social processes involved in its economic developments. The book is divided into four parts, each analyzing a different facet of white southern life. The first outlines the legal dimensions of race relations, exploring the effects of lynching and the significance of Georgia’s vagrancy laws. Part II presents the advent of the market economy and its effect on agriculture in the South, including the beginning of frontier capitalism. The third section details the rise of a professional middle class in the slave era and the conflicts provoked. The book’s last section deals with the financial aspects of the transformation in the South, including the credit and debt relationships at play and the presence of corporate entrepreneurship. Between the dawn of the nation and the Civil War, constant change was afoot in the American South. Scholarship has only begun to explore these progressions in the past few decades and has given too little consideration to the economic developments with respect to the working-class experience. These essays show that a new generation of scholars is asking fresh questions about the social aspects of the South’s economic transformation. Southern Society and Its Transformations is a complex look at how whole groups of traditionally ignored white southerners in the slave era embraced modernizing economic ideas and actions while accepting a place in their race-based world. This volume will be of interest to students of Southern and U.S. economic and social history.
New York Times Bestseller • Notable Book of the Year • Editors' Choice Selection One of Bill Gates’ “Amazing Books” of the Year One of Publishers Weekly’s 10 Best Books of the Year Longlisted for the National Book Award for Nonfiction An NPR Best Book of the Year Winner of the Hillman Prize for Nonfiction Gold Winner • California Book Award (Nonfiction) Finalist • Los Angeles Times Book Prize (History) Finalist • Brooklyn Public Library Literary Prize This “powerful and disturbing history” exposes how American governments deliberately imposed racial segregation on metropolitan areas nationwide (New York Times Book Review). Widely heralded as a “masterful” (Washington Post) and “essential” (Slate) history of the modern American metropolis, Richard Rothstein’s The Color of Law offers “the most forceful argument ever published on how federal, state, and local governments gave rise to and reinforced neighborhood segregation” (William Julius Wilson). Exploding the myth of de facto segregation arising from private prejudice or the unintended consequences of economic forces, Rothstein describes how the American government systematically imposed residential segregation: with undisguised racial zoning; public housing that purposefully segregated previously mixed communities; subsidies for builders to create whites-only suburbs; tax exemptions for institutions that enforced segregation; and support for violent resistance to African Americans in white neighborhoods. A groundbreaking, “virtually indispensable” study that has already transformed our understanding of twentieth-century urban history (Chicago Daily Observer), The Color of Law forces us to face the obligation to remedy our unconstitutional past.
The anthology Law in Society explores how law shapes and is shaped by societies. The selections stem from a view of law as an integral part of the wider socio-political economy and one of its central institutions. The introduction familiarizes students with definitions and explanations of criminal law, explores the functions of law, and provides an overview of the theories of law covered in the rest of the book. The first section of the text examines sources of law, natural law theory, and the concept of positive or formal law. The second section considers the origins of law in social structures and provides an overview of sociology of law. The third section is devoted to sources of law and social control such as custom, social norms, and group processes. The final section introduces critical theories of law and considers recent developments in alternative dispute resolution and restorative justice. Through reading Law in Society students come to recognize that as a society changes, so too do its laws and legal system. The book is well suited to courses in criminal justice and sociology, as well as those in social or cultural anthropology.
In this book, Alan Watson argues that the slave laws of North and South America--the written codes defining the relationship of masters to slaves--reflect not so much the culture and society of the various colonies but the legal traditions of England, Europe, and ancient Rome. A pathbreaking study concerned as much with the nature of comparative law as the specific subject of the law of slavery, Slave Law in the Americas posits an essential distance in the Western legal tradition between the tenets of law and the values of the society they govern. Laws, Watson shows, often are made not by governments or rulers but by jurists as in ancient Rome, law professors as in medieval and continental Europe, and judges as in common law England. Bodies of law, often created without reference to particular social and political ideals, are also often transferred whole cloth from one society to another. Tracing the effects of the reception of Roman law throughout Europe (excluding England) and the Americas, Watson reveals the enormous impact of this legal tradition on subsequent lawmakers operating under utterly dissimilar social and political conditions in the New World. Slave law in the colonies, Watson demonstrates, had much to do with the mother country's relations to Roman law. Spain, Portugal, France, and the United Dutch Provinces, all within the Roman legal tradition, imposed on their colonies slave laws that were private and nonracist in character, laws that interfered little in master-slave relations and provided for the relative ease of manumission and the grant of citizenship to freed slaves. England, however, did not ascribe to Roman law and colonists created rather than received slave law. Public and racist, slave law in the English colonies uniquely reflected local concerns, involving every citizen in the protection and perpetuation of slavery, strictly regulating education, manumission, and citizenship status. "Comparative legal history," Watson writes, "is in its infancy." Presenting the laws of slavery in ancient Rome and in the slaveholding colonies of America, Watson demonstrates how comparative law can elucidate the relationship of law, legal rules, and institutions to the society in which they operate. Investigating not the dynamics of slavery but of slave law, he reveals the working of a legal culture and its peculiar history.
The first comprehensive collection of legal history documents from the Civil War and Reconstruction, this volume shows the profound legal changes that occurred during the Civil War era and highlights how law, society, and politics inextricably mixed and set American legal development on particular paths that were not predetermined. Editor Christian G. Samito has carefully selected excerpts from legislation, public and legislative debates, court cases, investigations of white supremacist violence in the South, and rare court-martial records, added his expert analysis, and illustrated the selections with telling period artwork to create an outstanding resource that demonstrates the rich and important legal history of the era.