Back into the Days of Slavery”

Freedom, Citizenship, and the Black Family in the Reconstruction-Era Courtroom

Dados Bibliográficos

ID12072031
AutoresGiuliana Perrone (0000-0001-5556-4338, autor correspondente)
Ano2019
Volume37
Fascículo1
Páginas125-161
Data de publicação2019-01-28
Peer ReviewedSim
Open AccessSim
TipoARTICLE
PeriódicoLaw and History Review (JOURNAL)
Identificadores do periódicoISSN: 0738-2480 • E-ISSN: 1939-9022
EditoraCambridge University Press (CUP) (PUBLISHER)
DOI10.1017/s0738248018000433
OpenAlexW2911378423
IdiomaEN
Citações recebidas1
Referências citadas44

This article analyses domestic law cases brought by former slaves during the decade following the Civil War. It argues that ending slavery was a long and complex process that included not only granting rights to freedpeople, but also subtracting the incapacities previously imposed by bondage and applying certain rights retroactively. Reconstruction-era judges, throughout the era and across the South, overlooked the realities of slavery as a lived institution. Instead, they reimagined slavery as a collection of legal disabilities that could simply be subtracted and summarily resolved. This is how they would carry out abolition. The notion that slavery had to be undone stands in contrast to prevailing scholarship that emphasizes the acquisition and exercise of rights as demonstrative of consummate freedom. Instead, this article shows that even when positive law and judicial rulings were used to deconstruct the peculiar institution, slavery, as a legal construct, could not be fully demolished. Judges and freedpeople alike were left to face troubling legacies for which there was no remedy. No performance of legal acrobatics could alter, undo, or fully resolve the myriad ways slavery continued to affect many former slaves and influence the direction of their free lives. Abolition would remain incomplete

Citizenship · Closing (real estate · Construct (python library · Face (sociological concept · Institution · Legal process · Political science · Politics · Scholarship · Social science · Sociology · Undo · American Constitutional Law and Politics · Colonialism, slavery, and trade · Law · Race, History, and American Society