In this Book

Race and the Law in South Carolina: From Slavery to Jim Crow

Book
John W. Wertheimer
2023
Published by: Amherst College Press
summary
This first title in the “Law, Literature & Culture” series uses six legal disputes from the South Carolina courts to illuminate the complex legal history of race in the U.S. South from slavery through Jim Crow. The first two cases—one criminal, one civil—both illuminate the extreme oppressiveness of slavery. The third explores labor relations between newly emancipated Black agricultural workers and white landowners during Reconstruction. The remaining cases investigate three prominent features of the Jim Crow system: segregated schools, racially biased juries, and lynching, respectively. Throughout the century under consideration, South Carolina’s legal system obsessively drew racial lines, always to the detriment of non-white people, but it occasionally provided a public forum within which racial oppression could 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.

“Recent arguments in African American History have emphasized the theme of continuity. . . . Race and Law in South Carolina recovers the theme of change over time by showing just how things have changed, and it does so through patient, thick description.” —H. Robert Baker, Georgia State University

“This book and its concomitant student project is an exciting endeavor. . . . The cases are captivating and accessibly written, making this a possible college classroom read.” —Vanessa Blanck, Rowan University

Table of Contents

Cover

Title page

pp. i

Copyright Page

pp. iii

Contents

pp. iii-iv

Acknowledgments

pp. v-x

Preface

pp. xi-xiv

Introduction: Continuity and Change in the Palmetto State

pp. 1-14

1. State v. Posey: Slavery's Criminal Bargains

pp. 15-64

2. Willis v. Jolliffe: Slavery's Inheritance

pp. 65-92

3. Burgess v. Carpenter: The Reconstruction of South Carolina Labor Law

pp. 93-144

4. Tucker v. Blease: Jim Crow Schools

pp. 145-172

5. State v. Sanders: Jim Crow Juries

pp. 173-240

6. Tessie Earle v. Greenville County: Lynching and Antilynching

pp. 241-310

Conclusion

pp. 311-316

Index

pp. 317-331

Footnotes 1-779

Footnotes 780-1560

Footnotes 1561-1850

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