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8 - Final Failure
Giuliana Perrone, University of California, Santa Barbara
Book:

Nothing More than Freedom

Published online:

04 May 2023

Print publication:

11 May 2023, pp 237-275
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Summary

This chapter examines a collection of suits decided by the U.S. Supreme Court that together privileged antebellum interpretations of doctrine over the promise of the Reconstruction Amendments, standardized the responses to post-emancipation litigation across state lines, and, ultimately, prevented abolition. The Court adopted the majority views developed at the state level as a blueprint for the edifice of Jim Crow.

1 - The Contract Controversy
Giuliana Perrone, University of California, Santa Barbara
Book:

Nothing More than Freedom

Published online:

04 May 2023

Print publication:

11 May 2023, pp 11-37
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Summary

A deeply contentious judicial debate over the enforcement of contracts for the sale or hire of enslaved people erupted as one of legal Reconstruction’s central battles. This chapter explains the doctrinal approaches favored by judges, analyzes their underlying legal rationales, and explores the consequences of choosing one rationale over the others. It argues that a fundamental disagreement about the meaning of the Thirteenth Amendment caused the judicial discord. The outcome of that disgreement – the enforcement of contracts – permanently weakened the power and potential of the Thirteenth Amendment.

Peter M. Gerhart
Published online:

04 February 2021

Print publication:

18 February 2021
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When people in a relationship disagree about their obligations to each other, they need to rely on a method of reasoning that allows the relationship to flourish while advancing each person's private projects. This book presents a method of reasoning that reflects how people reason through disagreements and how courts create doctrine by reasoning about the obligations arising from the relationship. Built on the ideal of the other-regarding person, Contract Law and Social Morality displays a method of reasoning that allows one person to integrate their personal interests with the interests of another, determining how divergent interests can be balanced against each other. Called values-balancing reasoning, this methodology makes transparent the values at stake in a disagreement, and provides a neutral and objective way to identify and evaluate the trade-offs that are required if the relationship is to be sustained or terminated justly.