Litigating Whiteness: Trials of Racial Determination in the Nineteenth Century South

@article{Gross1998LitigatingWT,
  title={Litigating Whiteness: Trials of Racial Determination in the Nineteenth Century South},
  author={Ariela Julie Gross},
  journal={Yale Law Journal},
  year={1998},
  volume={108},
  pages={109-188}
}
  • A. Gross
  • Published 1 May 1998
  • Law, History
  • Yale Law Journal
Judges in the nineteenth-century South repeatedly held that race was a matter of "fact," not "law," something best left to juries to decide, because juries represented the sense of the community. Race was something common-sensical something a Southerner just knew. Witnesses in the courtroom reinforced the notion of race as common sense by invoking an ineffable something that made someone white which any Southerner could discern and, likewise, the belief that a drop of African blood would make… 

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