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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.
Race and the Law in South Carolina carefully reconstructs the social history behind six legal disputes heard in the South Carolina courts between the 1840s and the 1940s. The book uses these case studies to probe the complex relationship between race and the law in the American South during a century that included slavery, Reconstruction, and Jim Crow. Throughout most of the period covered in the book, the South Carolina legal system obsessively drew racial lines, always to the detriment of nonwhite people. Occasionally, however, the legal system also provided a public forum--perhaps the region's best--within which racism could openly be challenged. The book emphasizes how dramatically the degree of legal oppressiveness experienced by Black South Carolinians varied during the century under study, based largely on the degree of Black access to political and legal power. During the era of slavery, both enslaved and nominally "free" Black South Carolinians suffered extreme legal disenfranchisement. They had no political voice and precious little access to legal redress. They could not vote, serve in public office, sit on juries, or testify in court against whites. There were no Black lawyers. Black South Carolinians had essentially no claims-making ability, resulting, unsurprisingly, in a deeply oppressive, thoroughly racialized system. Most of these antebellum legal disenfranchisements were overturned during the post-Civil War era of Reconstruction. In the wake of abolition, Reconstruction-era reformers in South Carolina erased one racial distinction after another from state law. For a time, Black men voted and Black jurors sat in rough proportion to their share of the state's population. The state's first Black lawyers and officeholders appeared. Among them was an attorney from Pennsylvania named Jonathan Jasper Wright, who ascended to the South Carolina Supreme Court in 1870, becoming the nation's first Black appellate justice. By the turn of the twentieth century, however, an explicitly white supremacist movement had rolled back many of the egalitarian gains of the Reconstruction era and reimposed a legalized racial hierarchy in South Carolina. The book explores three prominent features of the resulting Jim Crow system (segregated schools, racially skewed juries, and lynching) and documents the commitment of both elite and non-elite whites to using legal and quasi-legal tools to establish hierarchical racial distinctions. It also shows how Black lawyers and others used the law to combat some of Jim Crow's worst excesses. In this sense the book demonstrates the persistence of many Reconstruction-era reforms, including emancipation, Black education, the legal language of equal protection, Black lawyers, and Black access to the courts.
In a largely previously untold story, from 1865 to 1950, black litigants throughout the South took on white southerners in civil suits. Drawing on almost a thousand cases, Milewski shows how African Americans negotiated the southern legal system and won suits against whites after the Civil War and before the Civil Rights struggle.
Revered in South Africa as "An African American Mother of the Nation," Madie Beatrice Hall Xuma spent her extraordinary life immersed in global women's activism. Wanda A. Hendricks's biography follows Hall Xuma from her upbringing in the Jim Crow South to her leadership role in the African National Congress (ANC) and beyond. Hall Xuma was already known for her social welfare work when she married South African physician and ANC activist Alfred Bitini Xuma. Becoming president of the ANC Women’s League put Hall Xuma at the forefront of fighting racial discrimination as South Africa moved toward apartheid. Hendricks provides the long-overlooked context for the events that undergirded Hall Xuma’s life and work. As she shows, a confluence of history, ideas, and organizations both shaped Hall Xuma and centered her in the histories of Black women and women’s activism, and of South Africa and the United States.
One of the academy’s leading legal historians, William E. Nelson is the Edward Weinfeld Professor of Law at New York University School of Law. For more than four decades, Nelson has produced some of the most original and creative work on American constitutional and legal history. His prize-winning books have blazed new trails for historians with their substantive arguments and the scope and depth of Nelson’s exploration of primary sources. Nelson was the first legal scholar to use early American county court records as sources of legal and social history, and his work (on legal history in England, colonial America, and New York) has been a model for generations of legal historians. This book collects ten essays exemplifying and explaining the process of identifying and interpreting archival sources—the foundation of an array of methods of writing American legal history. The essays presented here span the full range of American history from the colonial era to the 1980s.Each historian has either identified a body of sources not previously explored or devised a new method of interrogating sources already known.The result is a kaleidoscopic examination of the historian’s task and of the research methods and interpretative strategies that characterize the rich, complex field of American constitutional and legal history.
This collection brings together a group of international legal historians to further scholarship in different areas of comparative and regional legal history. Authors are drawn from Europe, Asia, and the Americas to produce new insights into the relationship between law and society across time and space. The book is divided into three parts: legal history and legal culture across borders, constitutional experiences in global perspective, and the history of judicial experiences. The three themes, and the chapters corresponding to each, provide a balance between public law and private law topics, and reflect a variety of methodologies, both empirical and theoretical. The volume highlights the gains that may be made by comparing the development of law in different countries and different time periods. The book will be of interest to an international readership in Legal History, Comparative Law, Law and Society, and History.
In the antebellum Natchez district, in the heart of slave country, black people sued white people in all-white courtrooms. They sued to enforce the terms of their contracts, recover unpaid debts, recuperate back wages, and claim damages for assault. They sued in conflicts over property and personal status. And they often won. Based on new research conducted in courthouse basements and storage sheds in rural Mississippi and Louisiana, Kimberly Welch draws on over 1,000 examples of free and enslaved black litigants who used the courts to protect their interests and reconfigure their place in a tense society. To understand their success, Welch argues that we must understand the language that they used--the language of property, in particular--to make their claims recognizable and persuasive to others and to link their status as owner to the ideal of a free, autonomous citizen. In telling their stories, Welch reveals a previously unknown world of black legal activity, one that is consequential for understanding the long history of race, rights, and civic inclusion in America.
White supremacists determined what African Americans could do and where they could go in the Jim Crow South, but they were less successful in deciding where black people could live because different groups of white supremacists did not agree on the question of residential segregation. In Threatening Property, Elizabeth A. Herbin-Triant investigates early-twentieth-century campaigns for residential segregation laws in North Carolina to show how the version of white supremacy supported by middle-class white people differed from that supported by the elites. Class divides prevented Jim Crow from expanding to the extent that it would require separate neighborhoods for black and white southerners as in apartheid South Africa. Herbin-Triant details the backlash against the economic successes of African Americans among middle-class whites, who claimed that they wished to protect property values and so campaigned for residential segregation laws both in the city and the countryside, where their actions were modeled on South Africa’s Natives Land Act. White elites blocked these efforts, primarily because it was against their financial interest to remove the black workers that they employed in their homes, farms, and factories. Herbin-Triant explores what the split over residential segregation laws reveals about competing versions of white supremacy and about the position of middling whites in a region dominated by elite planters and businessmen. An illuminating work of social and political history, Threatening Property puts class front and center in explaining conflict over the expansion of segregation laws into private property.
This book presents most of the religious traditions North Carolinians and their ancestors have embraced since 1650. Baptists, Presbyterians, Catholics, Methodists, Episcopalians, Jews, Brethren, Quakers, Lutherans, Mennonites, Moravians, and Pentecostals, along with African American worshippers and non-Christians, are covered in fourteen essays by men and women who have experienced the religions they describe in detail. The North Caroliniana Society is a nonprofit, nonsectarian, membership organization dedicated to the promotion of increased knowledge and appreciation of North Carolina's heritage through the encouragement of scholarly research and writing and the teaching of state and local history, literature and culture.