Race, Place, and the Law, 1836-1948Black 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 apartheid 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 investigation yields new insights into the patterns of segregation that persist in American society today. |
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... Chevalier and Beckley also countered the plaintiff's position with their own pragmatic arguments . “ The field . . . within which the police power may be exercised , " they asserted , " is not to be ascertained by mere abstract ...
... Chevalier and Beckley was to create the legal categories of " reasonable locational re- strictions " and " reasonable racial separations ” and to locate the segregation ordinances within these preexisting legal categories . These ...
... Chevalier and Beckley also cited recent Court rulings up- holding the reasonableness of municipal restrictions on the location of brickyards 56 and livery stables , 57 as well as numerous state court decisions concerning laundries ...
Contents
Geographies of Slavery and Emancipation | 29 |
Legal Reasoning and the Geopolitics of NineteenthCentury | 55 |
The Geopolitics of Jim Crow | 93 |
Copyright | |
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