In this Book

  • The Dred Scott Case: Historical and Contemporary Perspectives on Race and Law
  • Book
  • David Thomas Konig
  • 2010
  • Published by: Ohio University Press
summary
In 1846 two slaves, Dred and Harriet Scott, filed petitions for their freedom in the Old Courthouse in St. Louis, Missouri. As the first true civil rights case decided by the U.S. Supreme Court, Dred Scott v. Sandford raised issues that have not been fully resolved despite three amendments to the Constitution and more than a century and a half of litigation. The Dred Scott Case: Historical and Contemporary Perspectives on Race and Law presents original research and the reflections of the nation’s leading scholars who gathered in St. Louis to mark the 150th anniversary of what was arguably the most infamous decision of the U.S. Supreme Court. The decision that held that African Americans “had no rights” under the Constitution and that Congress had no authority to alter that galvanized Americans and thrust the issue of race and law to the center of American politics. This collection of essays revisits the history of the case and its aftermath in American life and law. In a final section, the present-day justices of the Missouri Supreme Court offer their reflections on the process of judging and provide perspective on the misdeeds of their nineteenth-century predecessors who denied the Scotts their freedom.

Table of Contents

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  1. Cover
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  1. Title Page, Copyright Page
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  1. contents
  2. pp. vii-viii
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  1. acknowledgments
  2. p. ix
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  1. introduction
  2. pp. 1-6
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  1. part one
  1. one Constitutional Law and the Legitimation of History
  2. pp. 9-24
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  1. two Dred Scott versus the Dred Scott Case
  2. pp. 25-46
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  1. part two
  1. three John Brown, Abraham Lincoln, Dred Scott, and the Problem of Constitutional Evil
  2. pp. 49-67
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  1. four The Legacy of the Dred Scott Case
  2. pp. 68-82
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  1. five An Exaggerated Legacy
  2. pp. 83-99
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  1. six Emancipation and Contract Law
  2. pp. 100-116
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  1. part three
  1. seven Dred Scott, Human Dignity, and the Quest for a Culture of Equality
  2. pp. 119-139
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  1. eight Dred Scott, Racial Stereotypes, and the “enduring marks of inferiority”
  2. pp. 140-155
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  1. nine Unmasking the Lie
  2. pp. 156-170
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  1. ten Whose Ancestors Were Imported into This Country and Sold as Slaves?
  2. pp. 171-176
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  1. eleven Considering Reparations for Dred Scott
  2. pp. 177-190
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  1. part four
  1. twelve Lessons for Judges from Scott v. Emerson
  2. pp. 193-211
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  1. thirteen Missouri Law, Politics, and the Dred Scott Case
  2. pp. 212-226
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  1. fourteen The Strange Career of Dred Scott
  2. pp. 227-252
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  1. select bibliography
  2. pp. 253-272
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  1. contributors
  2. pp. 273-274
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  1. index
  2. pp. 275-281
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