Title From slave abuse to hate crime : the criminalization of racial violence in American history / Ely Aaronson

Published New York, NY : Cambridge University Press, 2014

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Description 1 online resource Series Cambridge historical studies in American law and society Cambridge historical studies in American law and society. Contents Cover; Half-title; Series information; Title page; Copyright information; Dedication; Epigraph; Table of contents; Acknowledgments; 1 Toward a Historical and Sociological Analysis of the Criminalization of Racial Violence; Introduction; The Underpinnings of Pro-Black Criminalization Reform: A Sociological Perspective; The Effects of Pro-Black Criminalization Reform: A Sociological Perspective; The Preventive Impact of Criminalization: Reducing the Incidence of Racial Victimization?; The Expressive Uses of Criminalization: Stimulating Egalitarian Social Change through Legal Communication? Outline of the Book2 Progressive Criminalization at the Heart of Darkness?; Introduction; The Legal Treatment of Violence against Slaves in the Colonial Period: The Era of De Jure Unequal Justice; The Legal Treatment of Violence against Slaves in the Antebellum Period: The Era of Progressive Reform; Criminalization Reform and the Mediation of Class Conflicts in a Herrenvolk Democracy; Criminalization Reform and the Radicalization of Sectional Conflicts over the Legitimacy of Slavery; Rethinking the Consequences of the Criminalization Reforms of the Antebellum Era; Conclusion 3 "Social Equality Is Not a Subject to Be Legislated Upon"Introduction; The Rise of the Klan and the Making of Federal Pro-Black Criminalization Policy, 1865-1873; The Reconfiguration of National Politics and the Unmaking of Federal Pro-Black Criminalization; Conservative Fourteenth Amendment Jurisprudence and the Unmaking of Federal Pro-Black Criminalization; De-Facto Decriminalization and the Racialized Restructuring of Southern States; Conclusion; 4 "We Bring It Out in the Open, Where It Can Be Seen and Dealt With"; Introduction The Social Roots of a New Criminalization Campaign: The Great Migration as a Catalyst ... The Struggle to Federalize the Regulation of Racial Violence (I): From the Founding ... ; The Struggle to Federalize the Regulation of Racial Violence (II): The Entanglement of Violence ... ; The Criminalization of Racial Violence and the Growth of Federal Criminal Justice Policymaking; Pro-Black Criminalization Reform as a Cold War Imperative; Rethinking the Consequences of the Federally Protected Activities Legislation; Conclusion; 5 Criminalizing Racial Hatred, Legitimizing Racial Inequality; Introduction The Transformation of the Politics of Crime: Enabling and Constraining ... The Transformation of American Politics of Racial Egalitarianism: Enabling and Constraining ... ; The Political Effects of Hate Crime Laws: The Dialectics of Symbolic ... ; Hate Crime Laws and the Prevention of Racial Violence; Conclusion; 6 Conclusion; The Emergence of Pro-Black Criminalization Reform in American History; Criminalization Reform and the Reduction of Racial Violence; Criminalization Reform and the Construction of Egalitarian Norms; Index Summary "This book explores the complex ways in which political debates and legal reforms regarding the criminalization of racial violence have shaped the development of American racial history. Spanning previous campaigns for criminalizing slave abuse, lynching, and Klan violence and contemporary debates about the legal response to hate crimes, this book reveals both continuity and change in terms of the political forces underpinning the enactment of new laws regarding racial violence in different periods and of the social and institutional problems that hinder the effective enforcement of these laws. A thought-provoking analysis of how criminal law reflects and constructs social norms, this book offers a new historical and theoretical perspective for analyzing the limits of current attempts to use criminal legislation as a weapon against racism"-- Provided by publisher Bibliography Includes bibliographical references and index Notes Includes index Print version record Subject African Americans -- Crimes against -- History Hate crimes -- United States -- History Violence -- United States -- History Violent crimes -- United States -- History HISTORY -- United States -- General. SOCIAL SCIENCE -- Criminology. African Americans -- Crimes against Hate crimes Race relations Violence Violent crimes Rassendiskriminierung Kriminalisierung SUBJECT United States -- Race relations -- History Subject United States USA Genre/Form History Form Electronic book ISBN 9781316149928 1316149927 9781139208703 1139208705 9781316146873 1316146871 9781316147146 1316147142 9781316149409 1316149404

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