Racism and the Law: The Legacy and Lessons of PlessyGerald Postema Plessy v Ferguson (1897) established racial segregation in American constitutional law for over fifty years and its moral and political legacy lives on, despite attempts in the United States to counter its devastating effects during the last half century. Ironically, in the current debate over affirmative action, Justice Harlan's eloquent dissent has been used to justify attacks on government affirmative action programs. In this book, five distinguished philosophers and constitutional theorists, working from very different theoretical positions, take a fresh critical look at the moral and political principles underlying this historic decision and Harlan's dissent. They also explore the nature and extent of law's complicity in perpetuating Plessy's racialist aims. Emerging from their varied but complementary analyses is a deeper and more nuanced understanding of the social injustice of racial segregation in its historic and contemporary forms and of resources of the law to reverse it. |
Contents
1 | |
MARK TUSHNET Plessy v Ferguson in Libertarian Perspective 2538 | 25 |
JAMES W NICKEL The Liberty Dimension of Historic | 39 |
FREDERICK SCHAUER Generality and Equality 5977 | 59 |
BERNARD R BOXILL Washington Du Bois and Plessy V | 78 |
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accommodations African-Americans American analysis areas argued argument badge of inferiority basis believe black self-respect blacks and whites Blue Bus Company Bois's Boxill challenge civil disobedience claim conception of liberty consequently constitutional constitutionally contenders contract costs Court decision-making Discourse on Inequality Douglass economic effects equal basic liberties evil of segregation exercise of moral fight freedom of association human individual inequality injustice issue Jim Crow John Rawls Law Review legislation Lessons of Plessy libertarian Lochner Louisiana maximum hours law meal moral power Nickel opportunities persuade pit bulls Plato Plessy's pride problem protest race racial segregation racism railroads reason regulate social meaning resistance restrictions Rousseau Sambo Schauer segregated cars segregated services segregation laws sense of justice separate Sevier slavery social equality statistically strong suggests tion Tushnet unequal liberties University Press unsegregated W. E. B. Du Bois Washington weak weak's weaker whip Harris white riders wrong