Review of Davis, Peggy Cooper, Neglected Stories: The Constitution and Family Values

Document Type

Book Review

Publication Date

2000

Abstract

In his review of Neglected Stories: The Constitution and Family Values by Peggy Cooper Davis, William D. Rich discusses Davis’s central argument that modern constitutional law has neglected the historical and emotional dimensions of family values rooted in the African American experience of slavery and its aftermath. Davis contends that the substantive due process doctrine—especially in areas involving privacy and family rights—has overlooked the significance of freedom in familial relationships for formerly enslaved people. Rich evaluates Davis’s use of historical narratives and personal stories as a form of legal critique, commending her integration of law, history, and social values. He acknowledges the book’s contribution to rethinking constitutional interpretation and expanding the moral and cultural understanding of family within the legal domain. The review situates Davis's work within broader debates about originalism, judicial activism, and the interpretive role of history in constitutional law.

Comments

Published on H-Pol, H-Net Reviews

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