The Radical Advocacy of Wendell Phillips: Abolitionism, Democracy, and Public Interest Law

Wendell Phillips was an early advocate for the legal rights of Black Americans and a radical reformer who fought against slavery and championed First Amendment rights and equality for all Americans. He viewed the US Constitution as deeply racist and believed that law could be changed by the will of the people to abolish slavery. Phillips used his impressive skills as an orator to raise awareness to the horrors of enslavement and appeal to Americans' consciences, and his democratic positivist approach has continued to be used by lawyers to influence social reforms.

Format: Paperback / softback
Length: 152 pages
Publication date: 30 April 2024
Publisher: Kent State University Press

In this comprehensive examination of the life and legacy of Wendell Phillips, a prominent 19th-century radical reformer and abolitionist, Peter Charles Hoffer argues that Phillips deserves recognition as the nation's first public interest lawyer. He played a pivotal role in the antebellum crusade against slavery, advocating for First Amendment rights and equality for all Americans, including Black people and women.

Phillips, a young lawyer initially dissatisfied with his stagnant practice, held a belief that the law could be a powerful tool for social change, particularly in the abolition of slavery. While many saw the US Constitution as a flawless and foundational document, Phillips viewed it as deeply racist, pro-slavery, and in contradiction to the Declaration of Independence. His ideas were often controversial and unpopular, even among other abolitionists. He frequently found himself at odds with more conservative politicians, including Abraham Lincoln.

However, Phillips went beyond mere criticism of the Constitution. He embraced a democratic positivist philosophy, which holds that law is central to a strong democracy and that the people's will should shape its evolution. He believed that changing public opinion on issues like slavery was crucial in bringing about legal reforms that would abolish the institution. Throughout his life, Phillips employed his exceptional oratory skills to raise awareness about the horrors of enslavement, appeal to the American conscience, and encourage citizens to act through voting and lawmaking.

Democratic positivist approaches like Phillips's continue to be employed by lawyers today to influence social change and promote justice. His legacy serves as a reminder of the power of legal advocacy and the importance of fighting for the rights and equality of all individuals, regardless of their race or social status.

Weight: 238g
Dimension: 152 x 228 x 14 (mm)
ISBN-13: 9781606354780