Why I chose this case
I wanted to study and understand law because I believe that the law should reflect the ethics and moral principles of the society in which they exist. The Dred Scott v. Sandford case is an example of not only how the ethical and moral principles of one society change over time but also how a landmark court decision can expedited historical seismic shifts, in the form of the outbreak of the American civil war.[1] In addition, understanding this case is essential to understanding the current racial-tensions in the US, as this case exemplifies the legal hardships that African-American people faced in the US since its inception and continue to ripple to this day.
History of the case
Slavery in the United States began before the formation of the union.[2] In the years prior to the Dred Scott v. Sandford case the balance between abolitionist states (11) and pro-slavery states (11) was threatened by the addition of a new pro-slavery territory (Missouri) to the union. The sides decided to reach a compromise that, in addition to adding a new abolitionist state (Maine) to counterbalance the introduction of a pro-slavery state, made all new states and territories above latitude line 36’30 will be free states. Following their “master’s” death, the Scott family sued their freedom from their “master’s” widow, Ms. Irene Emerson, in a Missouri court. The Scott family lost the initial case due to their failure to prove that they were actually slaves belonging to Ms. Emerson.[1] A new trial was convened following new petitions made by the Scott family.
