Civil Rights, The Constitution, and Congress, 1863-1869

Mackey, Thomas C.; Maltz, Earl M.

doi:10.2307/845773

The American Journal of Legal History

1993

DOI: 10.2307/845773

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Civil Rights, The Constitution, and Congress, 1863-1869

Thomas C. Mackey¹,

Earl M. Maltz²

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Social and social scientific perspectives in judicial interpretations of the constitution: A historical view and an overview.

Tomkins¹,

Oursland²

1991

Law and Human Behavior

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It has been traditional to demarcate Muller v. Oregon as the first Supreme Court case to benefit from a social science perspective and Brown v. Board of Education of Topeka as the first case to rely on social science evidence. This article explores the hypothesis that social perspectives have long been a part of the Court’s decision-making when it has confronted difficult social issues. Two 19th-century race opinions, Dred Scott v. Sandford and Plessy v. Ferguson, are used to support this position. The authors suggest that the social perspectives contained in the other articles in this special issue reflect a long-standing association between social science information and law.

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Social and social scientific perspectives in judicial interpretations of the constitution: A historical view and an overview.

Tomkins¹,

Oursland²

1991

Law and Human Behavior

View full text Add to dashboard Cite

show abstract

scite is a Brooklyn-based organization that helps researchers better discover and understand research articles through Smart Citations–citations that display the context of the citation and describe whether the article provides supporting or contrasting evidence. scite is used by students and researchers from around the world and is funded in part by the National Science Foundation and the National Institute on Drug Abuse of the National Institutes of Health.

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Civil Rights, The Constitution, and Congress, 1863-1869

Cited by 1 publication

References 0 publications

Social and social scientific perspectives in judicial interpretations of the constitution: A historical view and an overview.

Social and social scientific perspectives in judicial interpretations of the constitution: A historical view and an overview.

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