#  English 90rj. Race and Jurisprudence 

 



Instructor: [Louis Menand](https://english.fas.harvard.edu/people/louis-menand)  
Thursday, 12:45-2:45pm | Location: TBD  
*Enrollment: Limited to 15 students*

How has the American judicial system dealt with racial discrimination, racial segregation, racial exclusion, and systemic or institutional racism? Has the design of the American legal system made it easier or harder to remedy cases of racial inequality and injustice? What should we expect from the courts in the future? We study cases principally involving Americans of African and of Asian ancestry, beginning with Dred Scott and ending with the Harvard College admissions case.

The primary readings are legal documents: the Constitution, judicial opinions, and the statutes judges interpret. We’ll analyze the opinions in order to understand the legal logic that led to their outcomes. We will see, by doing this, how courts are constrained by the system that was designed by the Constitution’s framers and by the traditions of the common law. We will also consider the social and political context in which the cases were decided, but the emphasis is on the law. Two papers and a class presentation are required. Enrollment by application and limited to 15.



 



 

 See also:- [ 2024-25 ](/academic-year/2024-25)
- [ Undergraduate Seminars ](/course-type/3-undergraduate-seminars)
- [ Course ](/page-type/course)
- [ Spring 2025 ](/term/spring)