QUESTION ONE
[55 POINTS]
Many different factors are involved in determining the race of an individual. Ultimately, race is a social construct, and people may self-identify as a different race than what they would seem to others (this is supported by the Modern Sociological Concept of Race). However, for a period in American history, litigating the race of someone was very important-it could be the difference between life and death if they were charged with a crime, or civilly they could sue for their freedom, as in the case of Abby Guy and her children. Being white gave, and continues to give, many benefits under the law and in society in general, so its not surprising that many people went to court in order to be recognized as part of …show more content…
Since Polly’s racial identity is unknown, it is difficult to know the racial identity of Abby or her children. Under the legal rules of the court in this case, the rule is that the child takes the condition of the mother, and if the mother has any negro blood and is a slave, then the child will be a slave. This is known as a “one drop” rule, in contrast to a fractionalization rule, which limits slavery to a certain fraction of negro blood. In this case, one drop of negro blood in Polly would pass on and make her daughter (Abby) and her grandchildren of the black race and, thus, slaves. This also falls with in the Classical Legal Concept of Race, in which a person’s status as a slave or free was determined by the status of their mother. However, there is the possibility that Abby, Polly, and their ancestors were unrightfully held in slavery because they were not actually black. Since Abby is described as a shade lighter than her mother, we can assume that her father was white, possibly he is the father of the defendant Mr. Daniels, who owned Abby and her mother …show more content…
The Classical Genetic Concept of Race stemmed from the perceived mental and moral differences between the races, which was commented on my Thomas Jefferson in his “Notes on the State of Virginia.” These perceived differences created not only different performances depending on race, but also different temperaments. The Classical Physical Anthropological Concept of Race included the “studies” of Dr. Samuel Morton, who looked at skulls of different races, ultimately concluding that the white race was the highest in intelligence and performance, while the black race had low intelligence and aptitude. Looking at Abby using this concept, she seems like an intelligent woman who has the capability to perform highly, and in fact did perform successfully as a white woman in Louisiana. Therefore, she fits more into the superior, white racial category. This classification is also similar to the one under the Psychological Concept of Race, which also viewed whites as superior and more intelligent than
[55 POINTS]
Many different factors are involved in determining the race of an individual. Ultimately, race is a social construct, and people may self-identify as a different race than what they would seem to others (this is supported by the Modern Sociological Concept of Race). However, for a period in American history, litigating the race of someone was very important-it could be the difference between life and death if they were charged with a crime, or civilly they could sue for their freedom, as in the case of Abby Guy and her children. Being white gave, and continues to give, many benefits under the law and in society in general, so its not surprising that many people went to court in order to be recognized as part of …show more content…
Since Polly’s racial identity is unknown, it is difficult to know the racial identity of Abby or her children. Under the legal rules of the court in this case, the rule is that the child takes the condition of the mother, and if the mother has any negro blood and is a slave, then the child will be a slave. This is known as a “one drop” rule, in contrast to a fractionalization rule, which limits slavery to a certain fraction of negro blood. In this case, one drop of negro blood in Polly would pass on and make her daughter (Abby) and her grandchildren of the black race and, thus, slaves. This also falls with in the Classical Legal Concept of Race, in which a person’s status as a slave or free was determined by the status of their mother. However, there is the possibility that Abby, Polly, and their ancestors were unrightfully held in slavery because they were not actually black. Since Abby is described as a shade lighter than her mother, we can assume that her father was white, possibly he is the father of the defendant Mr. Daniels, who owned Abby and her mother …show more content…
The Classical Genetic Concept of Race stemmed from the perceived mental and moral differences between the races, which was commented on my Thomas Jefferson in his “Notes on the State of Virginia.” These perceived differences created not only different performances depending on race, but also different temperaments. The Classical Physical Anthropological Concept of Race included the “studies” of Dr. Samuel Morton, who looked at skulls of different races, ultimately concluding that the white race was the highest in intelligence and performance, while the black race had low intelligence and aptitude. Looking at Abby using this concept, she seems like an intelligent woman who has the capability to perform highly, and in fact did perform successfully as a white woman in Louisiana. Therefore, she fits more into the superior, white racial category. This classification is also similar to the one under the Psychological Concept of Race, which also viewed whites as superior and more intelligent than