Legal Outlet

Origins of the Dred Scott Case: Jacksonian Jurisprudence and the Supreme Court, 1837-1857 (Studies in the Legal History of the South Ser.)

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

Buy Now! $26.94Amazon.com Price
(as of January 23, 2018 2:10 am GMT - Details)

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.

Allen carefully tracks arguments made by Taney Court justices in more than 1,600 reported cases in the two decades prior to Dred Scott and in its immediate aftermath. 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. Here is a wealth of new insight into the internal dynamics of the Taney Court and the origins of its most infamous decision.

Product Features

  • Used Book in Good Condition

Comments

Visitor says:

I thought I knew everything about this decision, but … I thought I knew everything about this decision, but I learned things from this book…A must for the devoted scholar of antebellum America.

John G. Collinge says:

Commerce, the Taney Court and “Dred Scott” Austin Allen’s monograph “Origins of the Dred Scott Case: Jacksonian Jurisprudence and the Supreme Court, 1837-1857” is another fine entry in the ongoing Studies in the Legal History of the South. It is not an easy read but rewards the effort. 

John Agar says:

An Analysis that Would Have Resonated in 1890 A few good insights, but much filler. For example, Allen spends many pages describing how the antebellum Supreme Court made law without noting that the overarching theoretical structure is pretty much the same courts purport to use today. And some of the filler is really awful stuff. Regarding the following, one could, I suppose, spend 20 or 30 pages describing why this is just completely wrong-headed. Or one could simply point out that Allen’s rhetoric seems to have been cribbed from the…

Write a comment

*

Copyright © 2018 legaloutlet.com. All Rights Reserved. 

%d bloggers like this: