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The Dred Scott Case: Its Significance in American Law and Politics
written by Don E. Fehrenbacher
Studio : Oxford University Press, USA
by Oxford University Press, USA
Publisher : Oxford University Press, USA
Released : 2001-05-24
Availability : Usually ships in 1-2 business days
Number of Items : 1
EAN : 9780195145885
Avg. Customer Rating: (based on 6 reviews)
List Price : $27.95
Our Price : $18.78
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Product Description |
Winner of the Pulitzer Prize in 1979, The Dred Scott Case is a masterful examination of the most famous example of judicial failure--the case referred to as "the most frequently overturned decision in history."
On March 6, 1857, Chief Justice Roger B. Taney delivered the Supreme Court's decision against Dred Scott, a slave who maintained he had been emancipated as a result of having lived with his master in the free state of Illinois and in federal territory where slavery was forbidden by the Missouri
Compromise. The decision did much more than resolve the fate of an elderly black man and his family: Dred Scott v. Sanford was the first instance in which the Supreme Court invalidated a major piece of federal legislation. The decision declared that Congress had no power to prohibit slavery in the
federal territories, thereby striking a severe blow at the legitimacy of the emerging Republican party and intensifying the sectional conflict over slavery.
This book represents a skillful review of the issues before America on the eve of the Civil War. The first third of the book deals directly with the with the case itself and the Court's decision, while the remainder puts the legal and judicial question of slavery into the broadest possible
American context. Fehrenbacher discusses the legal bases of slavery, the debate over the Constitution, and the dispute over slavery and continental expansion. He also considers the immediate and long-range consequences of the decision. |
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Superb book!! |
Dred Scott Case by Don Fehrenbacher proves to be a definitive account of this controversial Supreme Court case that had far reaching consequences then the fate of one black slave wishing to be free. The book is superbly researched, written and the author presented total clarity in his presentation. He clearly points out the total significance of this case in face of American history.
This case is often overlooked as part of 1850s pre-Civil War history but the author make it clear that long term effects of this case clearly helped initiate the American Civil War. It also helped Abraham Lincoln become President and ironically speaking, discredited Robert Taney, the chief author of the Dred Scott decision so badly that Taney was totally ineffective as the Supreme Court Chief Justice during the Civil War. His rulings against Lincoln and many of his civil rights violations during the war went totally ignored and although he was always treated well, he was a total non-entity as a factor. His death was viewed with relief.
The book gives a very insightful background on slavery and its impact on American history prior to the case. It doesn't get into Dred Scott himself until page 210 or so. It pretty obvious that the author has excellent command of his subject matter. His insight on what influence and repercussions of this decision after the Civil War proves to be quite interesting. I was bit surprised how Taney's reputation have survived so well despite of his decision that the author clearly shown to be crude, shallow and highly biased. The author have clearly shown that Taney did not behaved as a Supreme Court Chief Justice in this case but as a pro-southerner who wishes to nationalized slavery throughout the land as a mean to end this debate once and for all.
I would regard this to be one of the mandatory reading material that any reader must tackled if he or she wants to advance their knowledge of the Civil War and its issues. |
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A masterpiece of historical exposition |
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There is little that I can add to what has already been written. Fehrenbacher is clear, thoughtful, and comprehensive. |
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A Really Wonderful Read |
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I read the abridged edition of 1981, titled Slavery, Law and Politics. I can only echo what the other reviwers have said. It's about a court opinion but it is anything but dry. You learn much about the law and politics of slavery, from the founding of the nation forward. You learn about the Dred Scott case itself, including the legal maneuverings in the lower courts. The author's analysis of Chief Justice Taney's opinion for the Court is one of the best single chapters I have read in a history book in a long time. The author is learned but the prose is engaging--elegant, even. You feel you are in the company of a wise teacher, who is not trying to impress you but simply to impart his considerable knowledge without ego on a topic that turns out to be an excellent prism through which to view an important swath of our history. Read it! |
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An outstanding book |
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This is one of the best books I've read in a long time. It might seem that a 700 page book (600 pages of text; 100 pages of notes) on a 19th century court case might be the epitome of exceedingly dry material suited only for particularly motivated graduate students. But I found this book captivating. What came through in every paragraph was the work of a skilled and judicious historian sleuthing his way to an understanding of the background and ramifications of the enormously important Dred Scott decision. Not one page in this book read like the work of an uninspired academic sawing his way through a pile of research notes. Fehrenbacher focuses on the political, legal and constitutional aspects of the Dred Scott case. He explores the background and developments, from the arrival of the first slaves in the colonies in 1619 through the bitter political battles of the 1850s. His discussion of legal developments is particularly interesting because this is one area where the reader encounters the concrete complications and conflicts between various state and federal laws affecting slaves and slave owners. He also shows how legal developments and constitutional theories were affected by the increasingly acrimonious political battles over the rights of slaveholders. His analysis of Chief Justice Taney's opinion was particularly impressive. Finally, his discussion of the immediate and longer term impact of the Dred Scott decision was fascinating. When I finished the book, I was disappointed that he hadn't carried the thoughts in the last chapter further (even though it was clear he had chosen a good stopping point for his analysis). I was also tempted to go back to the beginning and re-read the book immediately! It is so rich, and there's so much of importance to understand. (Instead, I started in on Fehrenbacher's more recent book, The Slaveholding Republic.) One of the strengths of the book is Fehrenbacher's attention to the relevants facts and texts. His text never reads like a cut-and-paste compilation of other authors' conclusions. Throughout, Fehrenbacher was doing his own thinking - and he came through as quite skilled in asking good questions, identifying all the relevant facts, weighing the possible meanings and interpretations, and arriving at fair conclusions. (Whatever the topic, it's always a pleasure to read the work of someone who works as Fehrenbacher did in this book.) I highly recommend this book to anyone with even a passing interest in American legal or constitutional history, in the events that lead to the Civil War, or in race relations in America. |
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Superb |
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This outstanding work of critical scholarship takes the Dred Scott case as a point of departure to examine several important issues in American history. These include both the nature and dynamics of the great sectional conflict over slavery, and the nature of juidicial power in our system of government. Fehrenbacher provides careful history and analysis of the Dred Scott case itself, it significance in its own time, and the possible role of this case in the history of Supreme Court power. Fehrenbacher's reconstruction of the case and the associated political events is remarkably erudite; informed by the highest level of critical intelligence. He dispells a number of myths related to the case and his analyses of contemporary politics and legal history are equally astute. This book is exceptionally well written. Even when exploring apparently obscure details of 19th century juidicial and political history, Fehrenbacher's writing is always lucid, and at times, elegant. |
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