Origins of the Dred Scott case : Jacksonian jurisprudence and the Supreme Court, 1837-1857

Type
Book
Authors
ISBN 10
0820328421 
ISBN 13
9780820328423 
DDC
342.7308 
Category
American Law  [ Browse Items ]
Publication Year
2006 
Pages
274 
Subject
Slavery and Civil Rights 
Abstract
"The Supreme Court's 1857 Dred Scott decision denied citizenship to African Americans and enabled slavery's westward expansion. It has long stood as a grievous instance of justice perverted by sectional politics. Austin Allen finds that the outcome of Dred Scott hinged not on a single issue-slavery-but on a web of assumptions, agendas, and commitments held collectively and individually by Chief Justice Roger B. Taney and his colleagues. By showing us the political, professional, ideological, and institutional contexts in which the Taney Court worked, Allen reveals that Dred Scott was not simply a victory for the court's prosouthern faction. It was instead an outgrowth of Jacksonian jurisprudence, an intellectual system that charged the court with protecting slavery, preserving both federal power and state sovereignty, promoting economic development, and securing the legal foundations of an emerging corporate order-all at the same time." - Voila 
Description
Content:
Realizing popular sovereignty : partisan sentiment and constitutional constraint in Jacksonian jurisprudence -- Imposing self-rule : professionalism, commerce, social order, and the sources of Taney court jurisprudence -- Evidence of law : popular sovereignty and judicial authority in Swift v. Tyson -- Toward Dred Scott : slavery, corporations, and popular sovereignty in the web of law -- Moderating Taney : concurrent sovereignty and answering the slavery question, 1842-1852 -- The limits of judicial partisanship : corporate law and the emergence of southern factionalism -- The sources of southern factionalism : corporations, free blacks, and the imperatives of federal citizenship -- Inescapable opportunity : the Supreme Court and the Dred Scott case -- The failure of evasion : Dred Scott v. Emerson, Strader v. Graham, Swift v. Tyson, and Dred Scott v. Sandford -- The political economy of blackness : citizenship, corporations, and the judicial uses of racism in Dred Scott -- Looking westward : concurrent sovereignty and the answer to the territorial question. 
Biblio Notes
Includes bibliographical references (pages 253-266) and index.  
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