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Full-Text Articles in Philosophy
Black Codes Re-Envisioned: The Dred Scott Majority Opinion As An Antiblack Performative Speech Act., Tiffany Dillard-Knox
Black Codes Re-Envisioned: The Dred Scott Majority Opinion As An Antiblack Performative Speech Act., Tiffany Dillard-Knox
Electronic Theses and Dissertations
This dissertation is a discursive analysis of the decision in the Dred Scott v Sandford, 1857 case written by Chief Justice Roger Taney. It begins with an overview of the literature on performative speech acts, focusing on the aspects of performatives that relate to Louis Miron and Jonathan Xavier Inda’s thesis that race is a performative speech act. Breaking from their use of race as the analytic, this analysis is situated within a black/nonblack paradigm. This provides a framework that focuses on the unique ways in which the discourse of the text enacts, accumulates and renders blackness fungible. The …
Rethinking "Original Intent", David B. Lyons
Rethinking "Original Intent", David B. Lyons
Faculty Scholarship
Although Dred Scott v. Sandford is one of the Supreme Court's most controversial decisions, it is not often taught or read. But its approach to constitutional interpretation is by no means outdated, and its historical importance has not diminished. So it seems a good example to consider.