About the Book
The familiar story of civil rights goes like this: once, America’s legal system shut Black people out and refused to recognize their rights, their basic human dignity, or even their very lives. When lynch mobs gathered, police and judges often closed their eyes, if they didn’t join in. For Black people, law was a hostile, fearsome power to be avoided whenever possible. Then, starting in the 1940s, a few brave lawyers ventured south, bent on changing the law. Soon, ordinary African Americans, awakened by Supreme Court victories and galvanized by racial justice activists, launched the civil rights movement.
In Before the Movement, acclaimed historian Dylan C. Penningroth brilliantly revises the conventional story. Drawing on long-forgotten sources found in the basements of county courthouses across the nation, Penningroth reveals that African Americans, far from being ignorant about law until the middle of the twentieth century, have thought about, talked about, and used it going as far back as even the era of slavery. They dealt constantly with the laws of property, contract, inheritance, marriage and divorce, of associations (like churches and businesses and activist groups), and more. By exercising these “rights of everyday use,” Penningroth demonstrates, they made Black rights seem unremarkable. And in innumerable subtle ways, they helped shape the law itself—the laws all of us live under today.
Penningroth’s narrative, which stretches from the last decades of slavery to the 1970s, partly traces the history of his own family. Challenging accepted understandings of Black history framed by relations with white people, he puts Black people at the center of the story—their loves and anger and loneliness, their efforts to stay afloat, their mistakes and embarrassments, their fights, their ideas, their hopes and disappointments, in all their messy humanness. Before the Movement is an account of Black legal lives that looks beyond the Constitution and the criminal justice system to recover a rich, broader vision of Black life—a vision allied with, yet distinct from, “the freedom struggle.”
About the Author :
Dylan C. Penningroth is a professor of law and history at the University of California, Berkeley. A MacArthur Prize fellow and author of The Claims of Kinfolk: African American Property and Community in the Nineteenth-Century South, he lives in Kensington, California.
Winner of the PEN Oakland Josephine Miles Award, Winner of the Beveridge Award, American Historical Association, Winner of the Littleton-Griswold Prize, American Historical Association, Winner of the John Philip Reid Award, American Society for Legal History, Winner of the Order of the Coif Book Award, Winner of the Charles Sydnor Award, Southern Historical Association, Winner of the Scribes Book Award, Winner of the Merle Curti Social History Award from the Organization of American Historian, Winner of the Ellis W. Hawley Prize from the Organization of American Historians, Winner of the David J. Langum, Sr. Prize in American Legal History, Winner of the James Willard Hurst Prize, Finalist for the Cundill History Prize, Shortlisted for the Stone Book Award, Museum of African American History, Shortlisted for the Mark Lynton History Prize, Columbia Journalism School, and Shortlisted for the Ralph Waldo Emerson Award, Phi Beta Kappa.
Review :
"[A] cogently subversive book. . . . Mr. Penningroth’s powerful thesis may seem strikingly counterintuitive, but his detailed exposition is convincing, drawing on the prior work of dozens of scholars who have explored smaller aspects of the vast canvas Mr. Penningroth seeks to paint."
"A brilliant reframing of African American history that centers the everyday lives of Black people. This book is on my short list for a Pulitzer."
"[This b]road-ranging study showing the many ways in which Black people, enslaved and free, used custom and law to assert their rights in the years before the Civil Rights Movement coalesced . . . In a fluent narrative, Penningroth shows how these rights were negotiated and developed in sometimes unlikely contexts, all foregrounding the advances of the 1950s and beyond. A closely argued addition to our understanding of the origins of the Civil Rights Movement."
"Penningroth adroitly explains complex legal concepts in accessible prose, turning case histories into vibrant narratives. This revelatory account of Black self-determination opens up a neglected aspect of African American history."
"Overall, the lasting impact of Before the Movement will be its centralization of often sidelined contours of Black life, such as how Black people loved and experienced pleasure, faith, and grief through the robust records of Black legal lives. Black lives matter not because of their relation to white oppression, but on their own terms. As Penningroth writes: 'In this history, Black people—not race relations—are the center of gravity.'"
"Sweeping, extensively documented and elegantly written . . . [Before the Movement] gives us a new way to look at Black lives throughout American history... extraordinary."
"Whether buying a house, marching to the courthouse, or tithing at the Lord’s House, Black people grace these pages in what I’d consider the most masterful treatment yet written on the business of African American freedom. Dylan Penningroth challenges our tendency to limit Black struggles for justice to their pursuits of national belonging. The result is an incredible and transformative book that has given the history of civil rights its proper and fullest accounting."
"Dylan Penningroth’s new landmark book will forever alter the way we think about and write the legal history of the U.S. — an astonishing, decades’-long research effort. Not to be missed."
