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This study explores the relationship between the American liberal regime and the illiberal act of lynching. It explores the federal government's pattern of non-intervention regarding the lynchings of African Americans from the late 19th century to the 1960s. Although popular belief holds that the federal government was unable to address racial violence in the South, Kato argues that its actions and decisions show that federal inaction was not primarily a consequence of institutional or legal incapacities, but rather a decision supported and maintained by all three branches of the federal government

Abstract
This article uses Ernst Fraenkel's concept of the "dual state" as the vehicle for examining the role of "lynch law" as a mode of governance of African Americans in the United States from 1865 to 1940 (roughly). It begins with a largely jurisprudential inquiry placing my interpretation of Ernst Fraenkel's distinction between the normative state and the prerogative state in dialogue with a version of American Legal Realism, in which law consists entirely of "moves" such as permissible distinctions and analogies that are treated (sociologically) as acceptable by relevant professional communities. Seen through that lens the distinction between the normative state and the prerogative state thins out. The arbitrariness Fraenkel associates with the prerogative state infects the normative state and the prerogative state is pervaded by norms that aren't mere simulacra of legal norms. The two kinds of state are different in degree rather than in kind—but differences in degree can matter. Part II uses the revised distinction in a preliminary examination of lynch law in the U.S. South. Lynch law was not an example of Fraenkel's prerogative state; the norms enforced through lynch law might have been popular versions of norms drawn from the prerogative state. And yet "lynch law" was different not only in content from the rules of law formally applicable to all people in the United States but also in the lived experience of those subject to lynch law. Lynch law might not have been arbitrary in the sense that it had no knowable normative content, but, perhaps because the norms were popular rather than legislated or formal, it was substantially vaguer than the formal law and significantly less able to guide the choices made by those subject to it.

Manfred Berg traces the history of lynching in America from the colonial era to the present. Berg focuses on lynching as extralegal communal punishment performed by "ordinary" people. He confronts racially fragmented historical memory and legacies of popular justice to help the reader make better sense of lynching as part of American history.

Lynching occurred more in Mississippi than in any other state. During the 100 years after the Civil War, almost one in every ten lynchings in the United States took place in Mississippi. As in other Southern states, these brutal murders were carried out primarily by white mobs against black victims. The complicity of communities and courts ensured that few of the more than 500 lynchings in Mississippi resulted in criminal convictions. This book studies lynching in Mississippi from the Civil War through the civil rights movement. It examines how the crime unfolded in the state and assesses the

"Printed for the use of the Committee on Oversight and Government Reform." ; "December 1,2012". ; At head of title: Committee print. ; Mode of access: Internet.

Also referred to as: The Plum Book. ; "S. Prt. 102-509." ; "November 10, 1992." ; At head of title: Committee print. ; Spine title: U.S. government policy and supporting positions. ; Mode of access: Internet.

After observing the varying reactions to the 1998 death of James Byrd Jr. in Texas, called a lynching by some, denied by others, Ashraf Rushdy determined that to comprehend this event he needed to understand the long history of lynching in the United States. In this meticulously researched and accessibly written interpretive history, Rushdy shows how lynching in America has endured, evolved, and changed in meaning over the course of three centuries, from its origins in early Virginia to the present day.Rushdy argues that we can understand what lynching means in American history by examining its evolution—that is, by seeing how the practice changes in both form and meaning over the course of three centuries, by analyzing the rationales its advocates have made in its defense, and, finally, by explicating its origins. The best way of understanding what lynching has meant in different times, and for different populations, during the course of American history is by seeing both the continuities in the practice over time and the specific features in different forms of lynching in different eras

Between 1850 and 1950, at least 115 women were lynched by mobs in the United States. The majority of these women were black. This book examines the phenomenon of the lynching of women, which was a much more rare experience than the lynching of men. Over the same hundred-year period covered in this text, more than 1,000 white men were lynched, while thousands of black men were murdered by mobs. Of particular importance in this examination is the role of race in lynching, particularly the increase in the number of black lynchings as the century progressed. Details are provided--when available--f

Continues: U.S. Bureau of the Budget. Office of Statistical Standards. Statistical services of the United States Government. ; Mode of access: Internet.

"November 12, 2008." ; "Printed for the use of the Committee on Homeland Security and Governmental Affairs." ; Mode of access: Internet.

Commonly known as: The Plum book. ; "November 9, 1988." ; "Printed for the use of the Committee on Post Office and Civil Service." ; At head of title: Committee print. ; Mode of access: Internet.