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Author: Andrew T. Fede
Publisher: University of Georgia Press
ISBN: 0820374563
Category : Law
Languages : en
Pages : 307
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Book Description
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 privileged private white interracial violence, which became a badge of slavery that continued to influence the law in action, contrary to the Constitution’s mandate of equal protection of the criminal law. The U.S. Supreme Court enabled this denial of equal justice, as did Congress, which did not make all private white racially motivated violence a crime until 2009, when it adopted the Matthew Shepard and James Byrd Jr. Hate Crimes Prevention Act. Fede’s analysis supports that law’s constitutionality under the Thirteenth Amendment, while suggesting why—during the Jim Crow era and beyond—equal protection of the criminal law was not always realized, and why the curse of interracial violence has been a lingering badge of slavery.
Author: Andrew T. Fede
Publisher: University of Georgia Press
ISBN: 0820374563
Category : Law
Languages : en
Pages : 307
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Book Description
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 privileged private white interracial violence, which became a badge of slavery that continued to influence the law in action, contrary to the Constitution’s mandate of equal protection of the criminal law. The U.S. Supreme Court enabled this denial of equal justice, as did Congress, which did not make all private white racially motivated violence a crime until 2009, when it adopted the Matthew Shepard and James Byrd Jr. Hate Crimes Prevention Act. Fede’s analysis supports that law’s constitutionality under the Thirteenth Amendment, while suggesting why—during the Jim Crow era and beyond—equal protection of the criminal law was not always realized, and why the curse of interracial violence has been a lingering badge of slavery.
Author: Michael Lawrence Dickinson
Publisher: University of Georgia Press
ISBN: 0820362247
Category : Social Science
Languages : en
Pages : 216
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Book Description
Beginning in the late seventeenth century and concluding with the abolition of the Atlantic slave trade, Almost Dead reveals how the thousands of captives who lived, bled, and resisted in the Black Urban Atlantic survived to form dynamic communities. Michael Lawrence Dickinson uses cities with close commercial ties to shed light on similarities, variations, and linkages between urban Atlantic slave communities in mainland America and the Caribbean. The study adopts the perspectives of those enslaved to reveal that, in the eyes of the enslaved, the distinctions were often of degree rather than kind as cities throughout the Black Urban Atlantic remained spaces for Black oppression and resilience. The tenets of subjugation remained all too similar, as did captives’ need to stave off social death and hold on to their humanity. Almost Dead argues that urban environments provided unique barriers to and avenues for social rebirth: the process by which African-descended peoples reconstructed their lives individually and collectively after forced exportation from West Africa. This was an active process of cultural remembrance, continued resistance, and communal survival. It was in these urban slave communities—within the connections between neighbors and kinfolk—that the enslaved found the physical and psychological resources necessary to endure the seemingly unendurable. Whether sites of first arrival, commodification, sale, short-term captivity, or lifetime enslavement, the urban Atlantic shaped and was shaped by Black lives.
Author: Andrew Fede
Publisher: University of Georgia Press
ISBN: 0820351121
Category : Biography & Autobiography
Languages : en
Pages : 362
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Book Description
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 and was enforced not only in the United States but also in ancient Roman, Visigoth, Spanish, Portuguese, French, and British jurisdictions. His comparative approach reveals how legal reforms regarding slave homicide in antebellum times, like past reforms dictated by emperors and kings, were the products of changing perceptions of the interests of the public; of the individual slave owners; and of the slave owners' families, heirs, and creditors. Although some slave murders came to be regarded as capital offenses, the laws con-sistently reinforced the second-class status of slaves. This influence, Fede concludes, flowed over into the application of law to free African Americans and would even make itself felt in the legal attitudes that underlay the Jim Crow era.
Author: B.R. Ambedkar
Publisher: Verso Books
ISBN: 178168832X
Category : History
Languages : en
Pages : 391
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Book Description
“What the Communist Manifesto is to the capitalist world, Annihilation of Caste is to India.” —Anand Teltumbde, author of The Persistence of Caste The classic work of Indian Dalit politics, reframed with an extensive introduction by Arundathi Roy B.R. Ambedkar’s Annihilation of Caste is one of the most important, yet neglected, works of political writing from India. Written in 1936, it is an audacious denunciation of Hinduism and its caste system. Ambedkar – a figure like W.E.B. Du Bois – offers a scholarly critique of Hindu scriptures, scriptures that sanction a rigidly hierarchical and iniquitous social system. The world’s best-known Hindu, Mahatma Gandhi, responded publicly to the provocation. The hatchet was never buried. Arundhati Roy introduces this extensively annotated edition of Annihilation of Caste in “The Doctor and the Saint,” examining the persistence of caste in modern India, and how the conflict between Ambedkar and Gandhi continues to resonate. Roy takes us to the beginning of Gandhi’s political career in South Africa, where his views on race, caste and imperialism were shaped. She tracks Ambedkar’s emergence as a major political figure in the national movement, and shows how his scholarship and intelligence illuminated a political struggle beset by sectarianism and obscurantism. Roy breathes new life into Ambedkar’s anti-caste utopia, and says that without a Dalit revolution, India will continue to be hobbled by systemic inequality.
Author: Andrew Fede
Publisher: Quid Pro Books
ISBN: 1610271092
Category : History
Languages : en
Pages : 616
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Book Description
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 or some of their slaves. Slavery law also permitted people to win their freedom if they were held as slaves contrary to law. In this book, Fede provides a comprehensive view of how some enslaved litigants won their freedom in the courtand how many others, like Dred and Harriet Scott, did not because of the substantive and procedural barriers that both judges and legislators placed in the way of people held in slavery who sought their freedom in court. From the 17th century to the Civil War, Southern governments built roadblock after roadblock to the freedom sought by deserving enslaved people, even if this restricted the masters' rights to free their slaves or defied settled law. They increasingly prohibited all manumissions and added layers of procedure to those seeking freedomwhile eventually providing a streamlined process by which free blacks "voluntarily" enslaved themselves and their children. Drawing on his three decades of legal experience to take seriously the trial process and rules under which slave freedom cases were decided, Fede considers how slave owners, slaves, and lawyers caused legal change from the bottom up.
Author: BOOK.
Publisher:
ISBN:
Category :
Languages : en
Pages : 146
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Author:
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ISBN:
Category :
Languages : en
Pages : 878
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![Appendix to The black book, by the original editor [J. Wade]. PDF](https://books.google.com/books/content/images/frontcover/KSHR5dN97zcC?fife=w80-h100)
Author: John Wade
Publisher:
ISBN:
Category :
Languages : en
Pages : 164
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Author: William Oland Bourne
Publisher:
ISBN:
Category : African Americans
Languages : en
Pages : 822
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Author: Bartlett Joshua Palmer
Publisher:
ISBN:
Category : Advertising
Languages : en
Pages : 846
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