One of the bleakest moral episodes in American history after slavery was segregation. But as Americans are wont to do…


One of the bleakest moral episodes in American history after slavery was segregation. But as Americans are wont to do they put a legal spin on what separate but equal might mean: which of course was neither separate nor equal. The following is a quote from the Chief Justice of the Supreme Court in the Decision Plessey v. Ferguson 163 U.S. 537 (1896) which legalized segregation. If he be a white man and assigned to a colored coach he may have his action for damages against the company for being deprived of his so-called property. Upon the other hand if he be a colored man and be so assigned he has been deprived of no property since he is not lawfully entitled to the reputation of being a white man. Provide answers to these three questions:Considering private property rights and the market from chapter 3 in your text what property rights was the Supreme Court trying to give ‘whiteness?’How would the courts need to justify each of the three arguments for property: utility autonomy and fairness for ‘whiteness’ to be a kind of property?What arguments before the court would you make against attributing property rights to ‘whiteness’?

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