How Slaves Used the Law

奴隶如何运用法律

Good on Paper

新闻

2024-08-27

50 分钟
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单集简介 ...

There’s a traditional line of thinking about the history of Black people and the law. It describes how slaves were entirely shut out of the legal system, disenfranchised and bereft of even a modicum of legal know-how or protection. But research from the UC Berkeley professor Dylan C. Penningroth (in his book Before the Movement: The Hidden History of Black Civil Rights) upends that narrative by tracing the overlooked history of how Black people used the law in everyday life: through rights of contract, property, marriage, and more—even under slavery and Jim Crow. Get more from your favorite Atlantic voices when you subscribe. You’ll enjoy unlimited access to Pulitzer-winning journalism, from clear-eyed analysis and insight on breaking news to fascinating explorations of our world. Subscribe today at TheAtlantic.com/podsub. Learn more about your ad choices. Visit megaphone.fm/adchoices
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单集文稿 ...

  • In a just society, the law both constrains action,

  • prevents us, or punishes us for certain behaviors.

  • But it also outlines our liberties,

  • domains where we are free from the interference of others and the government.

  • It outlines the rules of the road so that anyone can play and demand fair treatment.

  • The laws that govern contracts, govern marriage, govern what we owe to each other.

  • All of these bind and free us in turn.

  • But what was the law to a slave?

  • My name is Jerusalem Dempsis.

  • I'm a staff writer here at the Atlantic.

  • And in today's episode of Good on Paper, I've asked Berkeley historian Dylan C.

  • Penningroth to join me to investigate this very question.

  • Dylan wrote a highly acclaimed book titled before the The Hidden History of Black Civil Rights,

  • where he complicates the traditional narrative about how slaves interacted with the law

  • and the unexpected ways they interact with the legal system.

  • But I'll let Dylan explain that narrative.

  • It's the one we're familiar with.

  • The master narrative of African Americans in the Law, I think, is at some level, pretty simple.

  • It's that they were oppressed by law, they were outsiders to law,

  • that if they had any contact with law, it was as an oppressive force.