Open Access. Powered by Scholars. Published by Universities.®

Legal History Commons

Open Access. Powered by Scholars. Published by Universities.®

2009

Jurisprudence

Arts and Humanities

Articles 1 - 1 of 1

Full-Text Articles in Legal History

Haunted By History's Ghostly Gaps: A Literary Critique Of The Dred Scott Decision And Its Historical Treatments, Allen P. Mendenhall Dec 2008

Haunted By History's Ghostly Gaps: A Literary Critique Of The Dred Scott Decision And Its Historical Treatments, Allen P. Mendenhall

Allen Mendenhall

In his opinion for the majority, Chief Justice Roger B. Taney eliminates Dred Scott the man from the text and divests Scott of a body, thereby transforming him into a sort of incorporeal ghost that signals the traces and tropes of slavery. Subsequent historians, journalists, and politicians have made Scott even more inaccessible by either relying on Taney’s text, which erases Scott, or by failing to recover Scott’s narrative. Taney’s opinion codified “the facts” of the case as official or authoritative despite a lack of reference to their human subject. Later writers relied on this received version despite its obvious …