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Legal History Commons

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2007

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Full-Text Articles in Legal History

When Is The Time Of Slavery? The History And Politics Of Slavery In Contemporary Legal Argument, Ariela J. Gross Apr 2007

When Is The Time Of Slavery? The History And Politics Of Slavery In Contemporary Legal Argument, Ariela J. Gross

University of Southern California Legal Studies Working Paper Series

When is the time of slavery? Is slavery a part of our nation’s experience best buried in the deep past, or are its echoes still being felt today? Has our nation’s trajectory been one of continuous progress from slavery to freedom, or did change happen fitfully and incompletely? And was slavery an institution defined by race, or was race only incidental to its origins and operation? Contemporary debates about racial justice, and in particular about redress for racial injustice, turn not only on moral and practical concerns, but on the answers to these questions. The jurisprudence of affirmative ...