To send content items to your account,
please confirm that you agree to abide by our usage policies.
If this is the first time you use this feature, you will be asked to authorise Cambridge Core to connect with your account.
Find out more about sending content to .
To send content items to your Kindle, first ensure email@example.com
is added to your Approved Personal Document E-mail List under your Personal Document Settings
on the Manage Your Content and Devices page of your Amazon account. Then enter the ‘name’ part
of your Kindle email address below.
Find out more about sending to your Kindle.
Note you can select to send to either the @free.kindle.com or @kindle.com variations.
‘@free.kindle.com’ emails are free but can only be sent to your device when it is connected to wi-fi.
‘@kindle.com’ emails can be delivered even when you are not connected to wi-fi, but note that service fees apply.
John Marshall Harlan the Elder is best known for his lonely judicial dissents in favor of civil rights for African-Americans, such as Plessy v. Ferguson in 1896. A life-long Calvinist Presbyterian, Harlan had come to understand the Civil War as part of God’s plan to free the nation from the sin of slavery. Borrowing the method of typology from Bible reading, Harlan saw the Civil War as following the type set by the American founders who had overthrown the tyranny of kings. A former slaveholder, Harlan retained the idea that Anglo-Saxons were particularly good at creating constitutional governments. Anglo-Saxonism prompted him to try to extend equal rights to his church’s Presbyteries and to the inhabitants of American colonies after the Spanish-American war, but to avoid talking about so-called social rights that involved inter-racial schooling and marriage. His philosophy of legal formalism could not solve the problems of logic that resulted.
David J. Brewer is famous for announcing in 1892 “this is a Christian nation” from the bench of the United States Supreme Court. He believed that Christianity justified an official separation of church and state while remaining the foundation of all human law. A liberal Congregationalist who was comfortable straying from literal readings of the Bible, Brewer spoke often in public on Christianity although his religious faith rarely surfaced in his judicial decisions. His many public speeches allow us to see how religion underlay his opposition to economics regulations as part of an influential conservative voting bloc on the Fuller Court at the turn of the century. Brewer’s stance against appeals in criminal trials relied upon his belief that flawed human justice and perfect divine justice played different roles. Brewer’s work in the peace movement was supported by a hope that it helped to hasten the Second Coming of Christ.
While legal papers and case decisions have been the traditional focus of judicial biography, the family papers of Justice John Marshall Harlan the Elder demonstrate the importance for understanding a judge's conception of the polity of shifting our sights to the household. Historians of the 19th century have overestimated the distance between the private and the public spheres. The memoirs of Harlan's wife Malvina offer us unparalleled, and hitherto neglected, testimony. Her depiction of the antebellum Harlan household shows its two hierarchies based on assumptions of fundamental differences—those of gender and of race—and both positing a benevolent white male paternalist at their apex. Malvina Harlan's memoirs indicate the lifelong persistence of this paternalism in her own relationship with Justice Harlan and in his relationship with a black servant. These patterns of hierachy, separation, and mutual devotion were essential to Harlan's understanding of his family identity and personal duty. His famous dissents in favor of black civil rights protections and his lapses from his color-blind rule have their roots in this paternalism even as Harlan came to embrace the racial egalitarianism of the Civil War amendments.
Email your librarian or administrator to recommend adding this to your organisation's collection.