A Legal History of Mississippi

Author(s):  
Joseph A. Ranney

Sixty years ago, one historian described state legal history as a “wasteland,” a neglected but vitally important part of American history. Legal histories of individual states are now beginning to appear. With this book, Mississippi joins their ranks. The book describes the evolution of Mississippi’s legal system and analyses the changes in that system during the state’s first 200 years. The book examines the interaction of law and society during six key periods of change: (1) Mississippi’s colonial and territorial eras and early years of statehood, when the foundations for its legal system were laid; (2) the evolution of Mississippi slavery and slave law during the early nineteenth century; (3) the state’s role as a leader of legal reform during the age of Andrew Jackson; (4) the unfolding of the Mississippi’s legal response to emancipation and wartime economic devastation during the Reconstruction and early Jim Crow eras; (5) Mississippi’s legal evolution during the Progressive Era and its response to the crisis of the Great Depression; and (6) the state’s legal response to the civil rights and cultural revolutions that have unfolded since 1950.

2018 ◽  
Vol 25 (1) ◽  
pp. 98
Author(s):  
Farihan Aulia ◽  
Sholahuddin Al-Fatih

The legal system or commonly referred to as the legal tradition, has a wealth of scientific treasures that can be examined in more depth through a holistic and comprehensive comparative process. Exactly, the comparison of the legal system must accommodate at least three legal systems that are widely used by countries in the world today. The three legal systems are the Continental European legal system, Anglo American and Islamic Law. The comparative study of the three types of legal systems found that the history of the Continental European legal system is divided into 6 phases, while Anglo American legal history began in the feudalistic era of England until it developed into America and continues to be studied until now. Meanwhile, the history of Islamic law is divided into 5 phases, starting from the Phase of the Prophet Muhammad to the Resurrection Phase (19th century until nowadays). In addition to history, the authors find that the Continental European legal system has the characteristic of anti-formalism thinking, while the Anglo American legal thinking characteristic tends to be formalism and is based on a relatively primitive mindset. While the thinking character of Islamic Law is much influenced by the thought of the fuqoha (fiqh experts) in determining the law to solve a problem, so relatively dynamic and moderate.


1999 ◽  
Vol 29 (2) ◽  
pp. 283
Author(s):  
Michèle Powles

This article traces the development of the New Zealand jury system. Most noteworthy in thisdevelopment has been the lack of controversy the system has created. At the end of the nineteenth century, however, the pursuit of equality in the legal system generally led to debate and reform of juries in relation to representation, race and gender.


2021 ◽  
Vol 72 (1) ◽  
pp. 97-117
Author(s):  
Holly Collins

Mitch Landrieu, former mayor of New Orleans garnered significant attention for his book In the Shadow of Statues (2018), observing that many Confederate monuments were erected to buttress Jim Crow laws and serve as a warning to those who supported the civil rights movement. Likewise, there are a number of monuments in Québec that serve a particular political or religious purpose, seeking to reinforce a pure laine ideology. In this article, I explore the parallels between the literal and figurative construction and deconstruction of monuments that have fortified invented ideas on identity in francophone North America. Further, Gabrielle Roy’s short story “L’arbre,” which describes a “living monument,” tells the story of a racialized past in North America and unveils the falsities that have been preserved through the construction of statues that perpetuate racial myth. “L’arbre” examines the natural, unconstructed monument of the Live Oak: a tree that witnessed and holds the visible scars of the many terrible realities that took place in its shadows. I use Roy’s short story to show how she sought to deconstruct a whitewashed history of the post-Civil War American South and suggest that her broader corpus rejects determinism wholesale.


Author(s):  
Jelani M. Favors

This chapter examines the strained history of Jackson State University during the aftermath of World War II and leading up to the modern civil rights movement. Located in the heart of Mississippi, Jackson State students carved out space to express their militancy as the war came to a close. However, they quickly felt that space collapse around them as segregationists tightened their grip on the Magnolia State as the burgeoning movement for black liberation challenged the oppressive traditions of the most socially and politically closed state in the country. Administrators such as Jackson State University president Jacob Reddix quickly fell in line with the expectations of his immediate supervisors and squared off against outspoken scholar-activists such as famed poet and novelist Margaret Walker. The standoff resulted in a campus environment fraught with tension yet still producing students and faculty determined to undermine Jim Crow.


Author(s):  
Jelani M. Favors

This chapter examines the fascinating history of Bennett College – one of only two single sex colleges dedicated to educating African American women. Although Bennett would not make that transition until 1926, the institution played a vital role in educating African American women in Greensboro, North Carolina from the betrayal of the Nadir to the promises of a New Negro Era. The latter period witnessed Bennett, under the leadership of David Dallas Jones, mold scores of young girls into politically conscious race women who were encouraged to resist Jim Crow policies and reject the false principals of white supremacy. Their politicization led to a massive boycott of a theatre in downtown Greensboro and helped to set the tone for Greensboro’s evolution into a critical launching point for the modern civil rights movement.


Author(s):  
Jelani M. Favors

This chapter examines the peculiar history of Tougaloo College from its founding during the Reconstruction Era to the turn of the century. Tougaloo, is best known for being a haven for black militancy during the modern civil rights movement and one of the few safe spaces for Freedom Riders, marchers, and sit-in activists in the most notoriously violent state in the south – Mississippi. Yet its early years illustrate an institution in constant flux, trying to survive economic hardships, and under the thumb of conservative administrators and teachers who exposed Tougaloo students to the expectations of respectability politics. Nevertheless, black students carved out vital spaces for expression and utilized the pages of their student newspaper to display their expanding social and political consciousness and their desire to resist the oppressive and often violent hardships of America’s lowest point in race relations.


1999 ◽  
Vol 17 (2) ◽  
pp. 209-246 ◽  
Author(s):  
H. Robert Baker

The legal history of the western Canadian frontier has received renewed attention in recent years. Much of the work readdresses the question of “law and order,” challenging older assumptions about Canada's orderly frontier culture—orderly particularly in contrast to the United States’ violent settlement of the west. At issue is not just a revision of whether violence occurred on the Canadian frontier but a fundamental reinterpretation of what the concepts of “law” and “order” had really meant. Indeed, conflict between legal cultures has become a major theme as historians attempt to rewrite the history of the Canadian west. They understand that this conflict—whether violent or not—shaped the formation of Canada's legal culture before 1870. Methodological prescriptions for writing this type of history have emphasized the need for historians to widen their base of sources, particularly to exploit “nonlegal” sources (such as diaries, journals, and letters), and to consider the workings of what Lawrence Friedman has called the “cultural” component of a legal system: what suits were brought to court, what notions came into play there, what expectations people brought with them. Important studies on the colonial settlement of British Columbia in the nineteenth century have focused on the relationships between the Hudson's Bay Company, colonists, and Natives to demonstrate that conflict over resources and competing definitions of liberalism and law often shaped legal discourse. These rich accounts have, among other things, called into question the idea of an orderly, peaceful Canadian frontier. They have also provided a much more complex picture of the interactions between Native and European, and the uses of law and the legal system by settlers, Company men, and Aboriginals.


2009 ◽  
Vol 79 (2) ◽  
pp. 370-381 ◽  
Author(s):  
Robert Moses

In the following pages, Robert Moses tells the history of the early civil rights movement in Mississippi, focusing on the individuals, alliances, and strategies that brought about fundamental change in the United States and ultimately made possible the election of Barack Obama to the presidency. Moses describes how the efforts of Justice Department officials working from the "top" of society combined with the day-to-day work of sharecroppers and organizers at the "bottom" to challenge Jim Crow. His story takes us from the front lines of the movement in Mississippi to his contemporary efforts to ensure that all children in this country receive a quality education. While working from the bottom of today's movement for educational equality, he calls on Obama to provide the leadership needed at the top to ensure lasting change. In this"illuminated story" he infuses his narration (in sans serif) with his own reflections and insights about the lessons this story offers.


2003 ◽  
Vol 21 (1) ◽  
pp. 195-205 ◽  
Author(s):  
Ariela J. Gross

These two fascinating articles seek to fill an important lacuna in the burgeoning literature on the legal construction of whiteness. While LatCrit theorists in the legal academy have urged civil rights scholars and race critics to transcend the “black-white paradigm” of U.S. race studies, the majority of legal histories of whiteness have focused on two sets of cases: trials in the southeastern United States in which local courts tried to draw the line between “white” and “negro”; and cases about immigration and naturalization in which Federal courts determined whether particular foreign immigrants were suitably “white” for citizenship. Likewise, although there have been several important social and cultural histories of Texas Mexicans and whiteness in the last fifteen years, they have not considered the legal realm. The time is ripe for attention to the legal history of Mexican Americans' civil rights struggles in Texas, especially as they illuminate the shifting racial identity of Mexican Americans in the Southwest.


Author(s):  
Karen L. Cox

This chapter introduces the African American principals in the book, Emily Burns and George Pearls a.k.a. Lawrence Williams. The history of the African American experience in Natchez, from slavery through Reconstruction and Jim Crow, is discussed. George lived in Chicago and when he came to Natchez in 1932 he introduced himself to Emily as Pinkney. He was called “Pink” and she was known in the community as “Sister.” Emily’s mother Nellie Black is introduced, as is their boarder, Edgar Allen Poe Newell or “Poe.” Both Emily and her mother were widows and domestics. All suffered from poverty, particularly in the depths of the Great Depression.


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