In Before the Movement, acclaimed historian Dylan C. Penningroth revises the conventional story. Drawing on long-forgotten sources found in the basements of county courthouses across the nation, Penningroth shows 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,” they made Black rights usual. And in innumerable subtle ways, they helped shape the law itself.
Free Black people participated extensively in credit, debt and contracts in the decades before the Civil War. According to Penningroth, by 1860, there were over 16,000 free Black property owners in the South who held property worth nearly $8.8 billion in today’s dollars. Freedom meant that they could ask local judges to protect their rights, and they went to court in cases involving farms, cows and myriad other types of property. Black homeownership rose from 43,000 families in 1870 to over 500,000 families in 1910 (about 1 in 4 Black families nationwide). Black farmers owned more than 15 million acres and $208 billion in farm property (in today’s dollars). Lynchings also rose sharply in these years, and not coincidentally.
"Penningroth's conclusions emerge from an epic research agenda.... Before the Movement presents an original and provocative account of how civil law was experienced by Black citizens and how their 'legal lives' changed over time . . . [an] ambitious, stimulating, and provocative book." - Eric Foner, New York Review of Books.
The author is a professor of law and history at the University of California, Berkeley. The book, which stretches from the last decades of slavery to the 1970s, partly traces the history of the author's own family. 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.
