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Degraded Caste Of Society - Unequal Protection Of The Law As A Badge Of Slavery

by Andrew T. Fede

~~158,93€~~ 143,04€ 10% OFF

 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.
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Degraded Caste Of Society - Unequal Protection Of The Law As A Badge Of Slavery

by Andrew T. Fede

~~75,46€~~ 67,91€ 10% OFF

 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.
ENGLISH

Bridging Revolutions - The Lives Of Chief Justices Richmond Pearson And John Belton O''Neall

by Joseph A. Ranney

87,38€ + 10% CARD

 Bridging Revolutions examines the lives of North Carolina chief justice Richmond Pearson (1805-1878) and South Carolina chief justice John Belton O’Neall (1793-1863) and their impact on the South’s transition from a slave to a free society. Joseph A. Ranney documents how the two judges fought to preserve the Union and protect basic civil rights for both white and Black southerners before and after the Civil War. Pearson’s and O’Neall’s lives were marked by contrarianism and controversy. Prior to the Civil War, they took important steps to soften slave law during times marked by calls for more discipline and control of slaves. O’Neall, a committed Unionist, resisted his state’s nullification movement during the 1830s and put an end to that movement with a crucial 1834 decision. Pearson was the only southern supreme court justice whose service spanned the antebellum, Civil War, and Reconstruction eras. During the Civil War, he stoutly defended North Carolinians’ civil rights against incursions by the central Confederate government. After the war, he urged the South to accept "the world as it is" rather than oppose civil rights for freed slaves, and he did more than any other southern judge to protect those rights and to reshape southern state law. Examined in conjunction, the two judges’ colorful public and private lives illuminate the complex relationship between southern law and culture during times of deep crisis and change.
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Constitutional History Of Virginia

by Brent Tarter

55,58€ + 10% CARD

 This is the only modern comprehensive constitutional history of any state, and as a history of Virgina, it is one of the oldest and most complex. Virginia’s state legislature is the Virginia General Assembly, which was established in July 1619, making it the oldest current lawmaking body in North America. Brent Tarter’s Constitutional History of Virginia covers over three hundred years of Virginia’s legislative policy, from colony to statehood, revealing its political and legal backstory. From the very beginning in 1606, when James I chartered the Virginia Company to establish a commercial outpost on the Atlantic coast of North America, through the first two decades of the twenty-first century, the fundamental constitutions of the colony and state of Virginia have evolved and changed as the demographic, economic, political, and cultural characteristics of Virginia changed. Elements of the colonial constitution influenced the character of the state’s first constitution in 1776, and changing relationships between the people and their government, as well as relationships between the state and federal governments, have influenced how the state’s constitution has evolved. Tarter explores that evolution and taps into its relevance to the people who have lived and still live in Virginia.

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