Author: Andrew E. Taslitz
Publisher: NYU Press
Release Date: 2006-10-01
The modern law of search and seizure permits warrantless searches that ruin the citizenry's trust in law enforcement, harms minorities, and embraces an individualistic notion of the rights that it protects, ignoring essential roles that properly-conceived protections of privacy, mobility, and property play in uniting Americans. Many believe the Fourth Amendment is a poor bulwark against state tyrannies, particularly during the War on Terror. Historical amnesia has obscured the Fourth Amendment's positive aspects, and Andrew E. Taslitz rescues its forgotten history in Reconstructing the Fourth Amendment, which includes two novel arguments. First, that the original Fourth Amendment of 1791—born in political struggle between the English and the colonists—served important political functions, particularly in regulating expressive political violence. Second, that the Amendment’s meaning changed when the Fourteenth Amendment was created to give teeth to outlawing slavery, and its focus shifted from primary emphasis on individualistic privacy notions as central to a white democratic polis to enhanced protections for group privacy, individual mobility, and property in a multi-racial republic. With an understanding of the historical roots of the Fourth Amendment, suggests Taslitz, we can upend negative assumptions of modern search and seizure law, and create new institutional approaches that give political voice to citizens and safeguard against unnecessary humiliation and dehumanization at the hands of the police.
Author: Gloria J. Browne-Marshall
Publisher: Taylor & Francis
Release Date: 2007-01-01
Despite the obstacles to equality under law, black Americans have set a determined path to make the words of the Preamble of the Declaration of Independence a reality for themselves and others. This book is an introduction to race and law in America. It is designed as a tool to the understanding of the role of race in American society through the prism of legal cases brought by and against blacks. The analysis will include American colonial laws, landmark Supreme Court cases of the 19th and 20th centuries as well as relevant recent decisions. In examining these cases the reader will discern the great impact civil rights cases have had on American society as well as the effect our society has had on the legal system. It will provide the reader with a foundation for present day discourse involving pressing issues of race in American society.
Author: Katherine Paugh
Publisher: Oxford University Press
Release Date: 2017-04-27
Many British politicians, planters, and doctors attempted to exploit the fertility of Afro-Caribbean women's bodies in order to ensure the economic success of the British Empire during the age of abolition. Abolitionist reformers hoped that a homegrown labor force would end the need for the Atlantic slave trade. By establishing the ubiquity of visions of fertility and subsequent economic growth during this time, The Politics of Reproduction sheds fresh light on the oft-debated question of whether abolitionism was understood by contemporaries as economically beneficial to the plantation colonies. At the same time, Katherine Paugh makes novel assertions about the importance of Britain's Caribbean colonies in the emergence of population as a political problem. The need to manipulate the labor market on Caribbean plantations led to the creation of new governmental strategies for managing sex and childbearing, such as centralized nurseries, discouragement of extended breastfeeding, and financial incentives for childbearing, that have become commonplace in our modern world. While assessing the politics of reproduction in the British Empire and its Caribbean colonies in relationship to major political events such as the Haitian Revolution, the study also focuses in on the island of Barbados. The remarkable story of an enslaved midwife and her family illustrates how plantation management policies designed to promote fertility affected Afro-Caribbean women during the late eighteenth and early nineteenth centuries. The Politics of Reproduction draws on a wide variety of sources, including debates in the British Parliament and the Barbados House of Assembly, the records of Barbadian plantations, tracts about plantation management published by doctors and plantation owners, and missionary records related to the island of Barbados.
Author: George Boulukos
Publisher: Cambridge University Press
Release Date: 2008-04-10
The literary trope of the grateful slave was used to justify colonial practices of white supremacy in the eighteenth century. Taking in literary sources as well as texts on colonialism and slavery, Boulukos offers a fresh account of the development of racial difference in the eighteenth-century English-speaking world.
Author: David Brion Davis
Publisher: Oxford University Press
Release Date: 2006-04-01
Genre: Social Science
David Brion Davis has long been recognized as the leading authority on slavery in the Western World. His books have won every major history award--including the Pulitzer Prize and the National Book Award--and he has been universally praised for his prodigious research, his brilliant analytical skill, and his rich and powerful prose. Now, in Inhuman Bondage, Davis sums up a lifetime of insight in what Stanley L. Engerman calls "a monumental and magisterial book, the essential work on New World slavery for several decades to come." Davis begins with the dramatic Amistad case, which vividly highlights the international character of the Atlantic slave trade and the roles of the American judiciary, the presidency, the media, and of both black and white abolitionists. The heart of the book looks at slavery in the American South, describing black slaveholding planters, the rise of the Cotton Kingdom, the daily life of ordinary slaves, the highly destructive internal, long-distance slave trade, the sexual exploitation of slaves, the emergence of an African-American culture, and much more. But though centered on the United States, the book offers a global perspective spanning four continents. It is the only study of American slavery that reaches back to ancient foundations (discussing the classical and biblical justifications for chattel bondage) and also traces the long evolution of anti-black racism (as in the writings of David Hume and Immanuel Kant, among many others). Equally important, it combines the subjects of slavery and abolitionism as very few books do, and it illuminates the meaning of nineteenth-century slave conspiracies and revolts, with a detailed comparison with 3 major revolts in the British Caribbean. It connects the actual life of slaves with the crucial place of slavery in American politics and stresses that slavery was integral to America's success as a nation--not a marginal enterprise. A definitive history by a writer deeply immersed in the subject, Inhuman Bondage offers a compelling narrative that links together the profits of slavery, the pain of the enslaved, and the legacy of racism. It is the ultimate portrait of the dark side of the American dream. Yet it offers an inspiring example as well--the story of how abolitionists, barely a fringe group in the 1770s, successfully fought, in the space of a hundred years, to defeat one of human history's greatest evils.
Author: Gerald Horne
Publisher: NYU Press
Release Date: 2014-04-18
The successful 1776 revolt against British rule in North America has been hailed almost universally as a great step forward for humanity. But the Africans then living in the colonies overwhelmingly sided with the British. In this trailblazing book, Gerald Horne shows that in the prelude to 1776, the abolition of slavery seemed all but inevitable in London, delighting Africans as much as it outraged slaveholders, and sparking the colonial revolt. Prior to 1776, anti-slavery sentiments were deepening throughout Britain and in the Caribbean, rebellious Africans were in revolt. For European colonists in America, the major threat to their security was a foreign invasion combined with an insurrection of the enslaved. It was a real and threatening possibility that London would impose abolition throughout the colonies—a possibility the founding fathers feared would bring slave rebellions to their shores. To forestall it, they went to war. The so-called Revolutionary War, Horne writes, was in part a counter-revolution, a conservative movement that the founding fathers fought in order to preserve their right to enslave others. The Counter-Revolution of 1776 brings us to a radical new understanding of the traditional heroic creation myth of the United States.
Author: Dr. Robinson A. Milwood, Phd
Publisher: Xlibris Corporation
Release Date: 2013-06
Man makes history, in a fashion, and history also makes man. As with other men, the historical experience of the African over the centuries has had a profound effect on his self-image as well as on his perception of the external world. Perhaps more than other men, the African in pre-colonial times developed a strong historical tradition, and his perception of himself and his world came to depend very much on his view of the past. European colonialism, brief as it was, produced a traumatic effect largely because it tried to impose on the African a gross distortion of his historical tradition.
Author: Thomas H. Holloway
Publisher: John Wiley & Sons
Release Date: 2011-03-21
The Companion to Latin American History collects the work of leading experts in the field to create a single-source overview of the diverse history and current trends in the study of Latin America. Presents a state-of-the-art overview of the history of Latin America Written by the top international experts in the field 28 chapters come together as a superlative single source of information for scholars and students Recognizes the breadth and diversity of Latin American history by providing systematic chronological and geographical coverage Covers both historical trends and new areas of interest
Author: Jeannine Marie DeLombard
Publisher: The University of North Carolina Press
Release Date: 2007-05
DeLombard examines how debates over slavery in the three decades before the Civil War employed legal language to "try" the case for slavery in the court of public opinion via popular print media. The country's legal consciousness was high during the era that saw the imprisonment of abolitionist editor William Lloyd Garrison, the execution of slave revolutionary Nat Turner, and the hangings of John Brown and his Harpers Ferry coconspirators. DeLombard discusses how this consciousness was evident in the "trials" over slavery found in the autobiographies of Frederick Douglass, a scandal narrative about Sojourner Truth, a speech by Henry David Thoreau, fiction by Harriet Beecher Stowe, and a proslavery novel by William McCreary Burwell.