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Race, place, and the law, 1836-1948 / David Delaney.

By: Delaney, David.
Material type: TextTextPublisher: Austin : University of Texas Press, 1998Description: x, 229 p. ; 23 cm.ISBN: 0292715978 (pbk. : alk. paper); 9780292715974 (pbk. : alk. paper); 029271596X (cloth : alk. paper); 9780292715967 (cloth : alk. paper).Other title: Race, place & the law [Cover title].Subject(s): Race discrimination -- Law and legislation -- United States -- History | United States -- Race relations -- Philosophy | Race discrimination Law and legislation History United States | United States Race relations PhilosophyAdditional physical formats: Online version:: Race, place, and the law, 1836-1948.; Online version:: Race, place, and the law, 1836-1948.DDC classification: 305.8/00973 LOC classification: KF4755 | .D45 1998Other classification: 15.85 | 86.10 | 7,26 | NP 6020
Contents:
Orientations -- Geographies of Slavery and Emancipation -- Legal Reasoning and the Geopolitics of Nineteenth-Century Race Relations -- The Geopolitics of Jim Crow -- The Reasonableness of Jim Crow Geographies -- Restrictive Space and the Doctrine of Changed Conditions -- Epilogue.
Summary: Black and white Americans have occupied separate spaces since the days of "the big house" and "the quarters." But the segregation and racialization of American society was not a natural phenomenon that "just happened." The decisions, enacted into laws, that kept the races apart and restricted blacks to less desirable places sprang from legal reasoning which argued that segregated spaces were right, reasonable, and preferable to other arrangements.Summary: In this book, David Delaney explores the historical intersections of race, place, and the law. Drawing on court cases spanning more than a century, he examines the moves and countermoves of attorneys and judges who participated in the geopolitics of slavery and emancipation; in the development of Jim Crow segregation, which effectively created spartheid laws in many cities; and in debates over the "doctrine of changed conditions," which challenged the legality of restrictive covenants and private contracts designed to exclude people of color from white neighborhoods. This historical data yields new insights into the patterns of segregation that persist in American society today.
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Item type Current location Call number Status Date due Barcode
Book University of Texas At Tyler
Stacks - 3rd Floor
KF4755 .D45 1998 (Browse shelf) Available 0000001387299
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KF4755.5 .K45 2006 Understanding affirmative action : KF4755.A75 E85 1983 Ethnicity, law, and the social good / KF4755 .B76 2007 Race, law, and American society : KF4755 .D45 1998 Race, place, and the law, 1836-1948 / KF4755 .G76 2008 What blood won't tell : KF4755 .P37 2009 What comes naturally : KF4757.A5 F7 1975 Southern justice /

Includes bibliographical references (p. [209]-224) and index.

1. Orientations -- 2. Geographies of Slavery and Emancipation -- 3. Legal Reasoning and the Geopolitics of Nineteenth-Century Race Relations -- 4. The Geopolitics of Jim Crow -- 5. The Reasonableness of Jim Crow Geographies -- 6. Restrictive Space and the Doctrine of Changed Conditions -- 7. Epilogue.

Black and white Americans have occupied separate spaces since the days of "the big house" and "the quarters." But the segregation and racialization of American society was not a natural phenomenon that "just happened." The decisions, enacted into laws, that kept the races apart and restricted blacks to less desirable places sprang from legal reasoning which argued that segregated spaces were right, reasonable, and preferable to other arrangements.

In this book, David Delaney explores the historical intersections of race, place, and the law. Drawing on court cases spanning more than a century, he examines the moves and countermoves of attorneys and judges who participated in the geopolitics of slavery and emancipation; in the development of Jim Crow segregation, which effectively created spartheid laws in many cities; and in debates over the "doctrine of changed conditions," which challenged the legality of restrictive covenants and private contracts designed to exclude people of color from white neighborhoods. This historical data yields new insights into the patterns of segregation that persist in American society today.

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CHOICE Review

Segregation has taken many forms in American life. Plantations provided an early expression, with slave quarters and barriers to mobility. Post-Civil War migrations brought new forms of segregation, particularly in cities. The latter 19th and early-20th centuries were marked by urban residential segregation, which was the product of neighborhood covenants. Delaney argues that these realities are the geography of race. He discusses the legal context in which segregation developed. Delaney notes that jurists did not just accept segregation and fail to overturn it; to the contrary, the judiciary rationalized segregation as legitimate under the law. The argument underscores the importance of the judiciary as a necessary agent in overturning practices of segregation. Having helped create the patterns that existed from the 18th century, it was imperative that the judiciary be involved in dismantling those patterns. The author has made a reasonably straightforward argument into a highly theoretical discussion. Relying heavily on judicial briefs and a multidisciplinary secondary literature drawn from history, geography, and political science, the book tantalizes the reader but suffers from a confusing style and what is often a redundant approach. Graduate, faculty. T. F. Armstrong; Texas Wesleyan University

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