Dred Scott and the Dangers of a Political Court

New
Hardcover
2009
$127.36

Dred Scott exemplies neither originalism nor aspirationalism gone wrong, as many modern critics now argue. Rather, the Dred Scott Court erred chiefly because the majority gave in to the still-relevant temptation to subordinate honest legal reasoning to the pursuit of what the majority regarded as a noble and crucial political agenda-in this case, to protect slavery and the political power of the slave-holding South, and thereby preserve the Union.

Synopsis

Dred Scott exemplies neither originalism nor aspirationalism gone wrong, as many modern critics now argue. Rather, the Dred Scott Court erred chiefly because the majority gave in to the still-relevant temptation to subordinate honest legal reasoning to the pursuit of what the majority regarded as a noble and crucial political agenda-in this case, to protect slavery and the political power of the slave-holding South, and thereby preserve the Union.

$127.36

Quantity

20+ in stock

More Information

Format: Hardcover
Pages: 340
Publisher: Lexington Books
Published: 16 Dec 2009
ISBN 10: 0739137581
ISBN 13: 9780739137581

Media Reviews

The volume synthesizes much of the historical scholarship on Dred Scott and imbibes deeply in the literature on the era, presenting this material in a clear and organized fashion. . . .The book's subdivisions into clearly labeled parts, chapters, and subsections makes it useful too for teachers of U.S. survey classes. . . .Clearly written and argued, and thoroughly accessible to the reader with less background in legal theory and history, Greenberg's Dred Scott and the Dangers of a Political Court makes an interesting and comprehensive introduction to the Dred Scott case. . . .Greenberg's argument is convincing and significant for the current day--particularly in light of what he points out as the almost flippant way the Dred Scott case gets used in politics and journalism. * Louisiana History *
Ethan Greenberg has written what will probably prove to be the definitive account and analysis of the Dred Scott decision-one of the most consequential, and reviled, decisions in the history of the U.S. Supreme Court. This is a beautifully written book, providing both a gripping narrative of the Dred Scott litigation and a penetrating analysis of the opinions of the Justices, and of the use made of the decision by modern scholars in debates over Roe v. Wade. -- Richard A. Posner, U.S. Circuit Judge
Judge Greenberg has written a superb analysis of the infamous Dred Scott decision, vividly depicting the historical background, the human story of the litigants, and most perceptively, how the decision relates to the judicial philosophies of the justices on today's Supreme Court. -- Philip Weinberg, editor in chief of The Supreme Court
An original and insightful study, which shows the significant connection between the Supreme Court's 'worst decision' and the legal theories behind modern Court decisions. -- Richard Slotkin, Wesleyan University

Author Bio

Ethan Greenberg is an Acting New York State Supreme Court Justice and an Adjunct Professor at Fordham Law School.