The Long, Lingering Shadow: Slavery, Race, and Law in the American Hemisphere (Paperback)

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Students of American history know of the law's critical role in systematizing a racial hierarchy in the United States. Showing that this history is best appreciated in a comparative perspective, "The Long, Lingering Shadow" looks at the parallel legal histories of race relations in the United States, Brazil, and Spanish America. Robert J. Cottrol takes the reader on a journey from the origins of New World slavery in colonial Latin America to current debates and litigation over affirmative action in Brazil and the United States, as well as contemporary struggles against racial discrimination and Afro-Latin invisibility in the Spanish-speaking nations of the hemisphere.

Ranging across such topics as slavery, emancipation, scientific racism, immigration policies, racial classifications, and legal processes, Cottrol unravels a complex odyssey. By the eve of the Civil War, the U.S. slave system was rooted in a legal and cultural foundation of racial exclusion unmatched in the Western Hemisphere. That system's legacy was later echoed in Jim Crow, the practice of legally mandated segregation. Jim Crow in turn caused leading Latin Americans to regard their nations as models of racial equality because their laws did not mandate racial discrimination-- a belief that masked very real patterns of racism throughout the Americas. And yet, Cottrol says, if the United States has had a history of more-rigid racial exclusion, since the Second World War it has also had a more thorough civil rights revolution, with significant legal victories over racial discrimination. Cottrol explores this remarkable transformation and shows how it is now inspiring civil rights activists throughout the Americas.

About the Author

Paul Finkelman (PhD, University of Chicago) is the President William McKinley Distinguished Professor of Law and Public Policy and Senior Fellow in the Government Law Center at Albany Law School. His many books include "Landmark Decisions of the United States Supreme Court" (2008) and "A March of Liberty: A Constitutional History of the United States" (2002), which he coauthored; "The Encyclopedia of American Civil Liberties" (2006) and "The Encyclopedia of the New American Nation" (2006), which he edited; and" Slavery and the Founders: Race and Liberty in the Age of Jefferson" (2001). For the Bedford Series in History and Culture he edited "Dred Scott v. Sandford: A Brief History with Documents" (1997) and "Defending Slavery: Proslavery Thought in the Old South: A Brief History with Documents" (2003). Finkelman has also published numerous scholarly articles on American legal history and civil rights, and he lectures frequently on these subjects.

Timothy S. Huebner, L. Palmer Brown Professor of Interdisciplinary Humanities and Chair of the Department of History at Rhodes College, is author of "The Taney Court: Justices, Rulings, and Legacy" and coeditor, with Kermit L. Hall, of "Major Problems in American Constitutional History", second edition. He and Paul Finkelman edit the series Studies in the Legal History of the South.
Product Details
ISBN: 9780820344317
ISBN-10: 0820344311
Publisher: University of Georgia Press
Publication Date: February 2013
Pages: 360
Language: English
Series: Studies in the Legal History of the South