Product Description
Autobiography ... Read more

Book Description
From the head of the U.S. Civil Rights Commission and noted professor of law and history at the University of Pennsylvania, a groundbreaking book that examines both civil and criminal court cases from the Civil War to the present, to reveal the impact of stereotyping--race, class, gender--on the American legal system.

The question Mary Frances Berry asks: Whose story most strongly influences the making of legal decisions in the American justice system? Using previously unexamined material from state appellate civil and criminal court cases--cases of rape, seduction, and paternity disputes, and cases dealing with murder, inheritance, and property disputes in which sexual relations are at the heart of the story--Berry takes us through two centuries of American case law to show how attitudes toward gender, race, class, and sexuality have materially affected, and continue to affect, judicial decision-making.

Among the many cases Berry discusses:

Alabama, 1867--A white woman sues her husband for divorce in both the lower and state supreme courts because of his sexual relationship with a former slave, and is denied her petition on the basis that a sexual relationship between a white man and a black woman is "of no consequence."

New York, 1932--In a surprising victory, the longtime mistress of a theater owner successfully contests her lover's will and proves her right to inherit a wife's portion of the estate.

Texas, 1984--A suit by a woman against her female lover ends in a decision that allows the court to avoid acknowledging the existence of a lesbian relationship.

And, in the 1990s, we see the cases of William Kennedy Smith, Mike Tyson, and O. J. Simpson in a new context.

Moving stories, shocking stories, ironic stories, tragic stories--a book that fascinates in terms of its human drama, by its demonstration of the ways in which prejudice affects justice, and by its account of how the law has evolved (or hasn't) as our racial, social, and sexual attitudes have changed. ... Read more

Customer Reviews (2)

Thorough yet disturbing discussion of 'justice'...
While there are probably very few people who think justice is truly blind to race, gender, class and sexual orientation, this look at the courts from Restoration until today is still shocking. The systemic protection of 'white male privilege' has made it impossible for just about anyone and everyone to get a fair trial. And throughout this book Berry argues convincingly, logically, simply and clearly why this has been the case.

Berry's thesis is that the court - through judges' decisions and verdicts - uphold the prevailing 'stories' of the day, explaining why some black men - under the protection of white male privilege - were punished less harshly than others. Or why black men were so quickly and easily convicted of raping white women, or why it was considered pretty much impossible to rape a black woman or a poor white one. And on and on and on... According to Berry, judges would twist the understanding of statutes and laws to conform to and support the stories. When, after WWII, stories began to change, the different attitudes and ideas were reflected in court decisions, and Brown vs. the Board of Education, Roe vs. Wade, and other cases were possible.

Berry certainly creates a very compelling case, showing the effects of these 'stories,' the efforts to change them and the ensuing results. Although I do believe that other elements - even, as the Supreme Court illustrated so clearly during the election fiasco, personal ideology - play a role, I still think that Berry is describing a very powerful phenonmenon. And Berry's evidence of a strong bias in the courts is something every American should know about. In fact, I think this should be mandatory reading for pretty much everybody.

An eloquent exposition.
The "Pig Farmer's Daughter" is a stalwart exposition describing the fault line of bigotry, and bias that runs through the historical bedrock of the American judicial system. Berry offers a seamless narrative,written eloquently and without malice. Her book is an irrefutable unveilingof the ignorance that so often poses as the truth of popular culture. Whatis so ironic is that the players she exposes were and are supposed to bethe very people who are without bias. Everyone and anyone who has a desireto understand racism and sexism in this country needs to read this book. Nolawyer or judge serious about racial justice should enter a courtroomwithout having read it. ... Read more