Customer Reviews

The Dred Scott Case: Its Significance in American Law and Politics

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When this book came out, in 1978, it was immediately -- and justly -- hailed as a triumph of historical scholarship and literature. Thoroughly researched, rigorous in its analysis, and written in calm, understated, lucid prose, THE DRED SCOTT CASE is an essential examination of perhaps the Supreme Court's most notorious "self-inflicted wound." Don E. Fehrenbacher had already shared a Pulitzer Prize with his late colleague David M. Potter for THE IMPENDING CRISIS, 1848-1861, a book that Potter did not live to finish and that Fehrenbacher completed and saw through the publication process. Fehrenbacher then returned to this study and won a Pulitzer Prize in his own right.

THE DRED SCOTT CASE is meticulous in its sifting of the historical currents and processes that led to the litigation that produced the case; in its reconstruction of the actions of all parties to the case and the arguments of the lawyers; in its unearthing of the political maneuverings by the Justices and by President-elect James M. Buchanan; and in its analysis of the catastrophic effects of a Supreme Court decision that its author, Chief Justice Roger B. Taney, intended to lay the slavery issue to rest once and for all.

This is not only the definitive study of its subject; it is the finest examination ever undertaken of the history of a Supreme Court case and the history that that case made. It is a tribute to what historians can do when they are at their best.

This book will soon be reprinted (April 2001) by Oxford University Press. It should be read in tandem with Fehrenbacher's last book, the posthumous THE SLAVEHOLDING REPUBLIC. Its return to print is welcome news.

-- R. B. Bernstein, adjunct professor of law, New York Law School

This is one of the best books I've read in a long time. It might seem that a 700 page book (600 pages of text; 100 pages of notes) on a 19th century court case might be the epitome of exceedingly dry material suited only for particularly motivated graduate students. But I found this book captivating. What came through in every paragraph was the work of a skilled and judicious historian sleuthing his way to an understanding of the background and ramifications of the enormously important Dred Scott decision. Not one page in this book read like the work of an uninspired academic sawing his way through a pile of research notes.

Fehrenbacher focuses on the political, legal and constitutional aspects of the Dred Scott case. He explores the background and developments, from the arrival of the first slaves in the colonies in 1619 through the bitter political battles of the 1850s. His discussion of legal developments is particularly interesting because this is one area where the reader encounters the concrete complications and conflicts between various state and federal laws affecting slaves and slave owners. He also shows how legal developments and constitutional theories were affected by the increasingly acrimonious political battles over the rights of slaveholders. His analysis of Chief Justice Taney's opinion was particularly impressive. Finally, his discussion of the immediate and longer term impact of the Dred Scott decision was fascinating. When I finished the book, I was disappointed that he hadn't carried the thoughts in the last chapter further (even though it was clear he had chosen a good stopping point for his analysis). I was also tempted to go back to the beginning and re-read the book immediately! It is so rich, and there's so much of importance to understand. (Instead, I started in on Fehrenbacher's more recent book, The Slaveholding Republic.)

One of the strengths of the book is Fehrenbacher's attention to the relevants facts and texts. His text never reads like a cut-and-paste compilation of other authors' conclusions. Throughout, Fehrenbacher was doing his own thinking - and he came through as quite skilled in asking good questions, identifying all the relevant facts, weighing the possible meanings and interpretations, and arriving at fair conclusions. (Whatever the topic, it's always a pleasure to read the work of someone who works as Fehrenbacher did in this book.)

I highly recommend this book to anyone with even a passing interest in American legal or constitutional history, in the events that lead to the Civil War, or in race relations in America.

I read the abridged edition of 1981, titled Slavery, Law and Politics. I can only echo what the other reviwers have said. It's about a court opinion but it is anything but dry. You learn much about the law and politics of slavery, from the founding of the nation forward. You learn about the Dred Scott case itself, including the legal maneuverings in the lower courts. The author's analysis of Chief Justice Taney's opinion for the Court is one of the best single chapters I have read in a history book in a long time. The author is learned but the prose is engaging--elegant, even. You feel you are in the company of a wise teacher, who is not trying to impress you but simply to impart his considerable knowledge without ego on a topic that turns out to be an excellent prism through which to view an important swath of our history. Read it!

Dred Scott Case by Don Fehrenbacher proves to be a definitive account of this controversial Supreme Court case that had far reaching consequences then the fate of one black slave wishing to be free. The book is superbly researched, written and the author presented total clarity in his presentation. He clearly points out the total significance of this case in face of American history.

This case is often overlooked as part of 1850s pre-Civil War history but the author make it clear that long term effects of this case clearly helped initiate the American Civil War. It also helped Abraham Lincoln become President and ironically speaking, discredited Robert Taney, the chief author of the Dred Scott decision so badly that Taney was totally ineffective as the Supreme Court Chief Justice during the Civil War. His rulings against Lincoln and many of his civil rights violations during the war went totally ignored and although he was always treated well, he was a total non-entity as a factor. His death was viewed with relief.

The book gives a very insightful background on slavery and its impact on American history prior to the case. It doesn't get into Dred Scott himself until page 210 or so. It pretty obvious that the author has excellent command of his subject matter. His insight on what influence and repercussions of this decision after the Civil War proves to be quite interesting. I was bit surprised how Taney's reputation have survived so well despite of his decision that the author clearly shown to be crude, shallow and highly biased. The author have clearly shown that Taney did not behaved as a Supreme Court Chief Justice in this case but as a pro-southerner who wishes to nationalized slavery throughout the land as a mean to end this debate once and for all.

I would regard this to be one of the mandatory reading material that any reader must tackled if he or she wants to advance their knowledge of the Civil War and its issues.

This outstanding work of critical scholarship takes the Dred Scott case as a point of departure to examine several important issues in American history. These include both the nature and dynamics of the great sectional conflict over slavery, and the nature of juidicial power in our system of government. Fehrenbacher provides careful history and analysis of the Dred Scott case itself, it significance in its own time, and the possible role of this case in the history of Supreme Court power. Fehrenbacher's reconstruction of the case and the associated political events is remarkably erudite; informed by the highest level of critical intelligence. He dispells a number of myths related to the case and his analyses of contemporary politics and legal history are equally astute. This book is exceptionally well written. Even when exploring apparently obscure details of 19th century juidicial and political history, Fehrenbacher's writing is always lucid, and at times, elegant.

There is little that I can add to what has already been written. Fehrenbacher is clear, thoughtful, and comprehensive.

Very good analysis on salvery in USA.Recomend to anyone interested to understand the pre and post Civil War mind setting of politicians in that era,as well as our actual political game.

The book arrived on schedule. I have to disagree
with the description of it's condition. The seller said it
was in "Like New" condition which to me means barely distinguishable
from a never been purchased book sitting on a shelf at a bookstore that sells new books.
This book did not have that appearance. The pages have mild yellowing
and the dust jacket shows signs of worn edges. It's not a big deal since I
have decided to keep it but the term "Like New" seems inaccurate.