Liberty, Slavery and the Law in Early Modern Western Europe

Liberty, Slavery and the Law in Early Modern Western Europe

Author: Filip Batselé

Publisher: Springer Nature

Published: 2020-01-03

Total Pages: 232

ISBN-13: 3030368556

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This book investigates the legal evolution of the “free soil principle” in England, France and the Low Countries during the Early Modern period (ca. 1500–1800), which essentially stated that, as soon as slaves entered a certain country, they would immediately gain their freedom. This book synthesizes the existing literature on the origins and evolution of the principle, adds new insights by drawing on previously undiscussed primary sources on the development of free soil in the Low Countries and employs a pan-Western, European and comparative approach to identify and explain the differences and similarities in the application of this principle in France, England and the Low Countries. Divided into four sections, the book begins with a brief introduction to the subject matter, putting it in its historical context. Slavery is legally defined, using the established international law definition, and both the status of slavery in Europe before the Early Modern Period and the Atlantic slave trade are discussed. Secondly, the book assesses the legal origins of the free soil principle in England, France and the Low Countries during the period 1500–1650 and discusses the legal repercussions of slaves coming to England, France and the Low Countries from other countries, where the institution was legally recognized. Thirdly, it addresses the further development of the free soil principle during the period 1650–1800. In the fourth and last section, the book uses the insights gained to provide a pan-Western, European and comparative perspective on the origins and application of the free soil principle in Western Europe. In this regard, it compares the origins of free soil for the respective countries discussed, as well as its application during the heyday of the Atlantic slave trade. This perspective makes it possible to explain some of the divergences in approaches between the countries examined and represents the first-ever full-scale country comparison on this subject in a book.


Arbitrary Rule

Arbitrary Rule

Author: Mary Nyquist

Publisher: University of Chicago Press

Published: 2013-05-10

Total Pages: 436

ISBN-13: 022601553X

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Slavery appears as a figurative construct during the English revolution of the mid-seventeenth century, and again in the American and French revolutions, when radicals represent their treatment as a form of political slavery. What, if anything, does figurative, political slavery have to do with transatlantic slavery? In Arbitrary Rule, Mary Nyquist explores connections between political and chattel slavery by excavating the tradition of Western political thought that justifies actively opposing tyranny. She argues that as powerful rhetorical and conceptual constructs, Greco-Roman political liberty and slavery reemerge at the time of early modern Eurocolonial expansion; they help to create racialized “free” national identities and their “unfree” counterparts in non-European nations represented as inhabiting an earlier, privative age. Arbitrary Rule is the first book to tackle political slavery’s discursive complexity, engaging Eurocolonialism, political philosophy, and literary studies, areas of study too often kept apart. Nyquist proceeds through analyses not only of texts that are canonical in political thought—by Aristotle, Cicero, Hobbes, and Locke—but also of literary works by Euripides, Buchanan, Vondel, Montaigne, and Milton, together with a variety of colonialist and political writings, with special emphasis on tracts written during the English revolution. She illustrates how “antityranny discourse,” which originated in democratic Athens, was adopted by republican Rome, and revived in early modern Western Europe, provided members of a “free” community with a means of protesting a threatened reduction of privileges or of consolidating a collective, political identity. Its semantic complexity, however, also enabled it to legitimize racialized enslavement and imperial expansion. Throughout, Nyquist demonstrates how principles relating to political slavery and tyranny are bound up with a Roman jurisprudential doctrine that sanctions the power of life and death held by the slaveholder over slaves and, by extension, the state, its representatives, or its laws over its citizenry.


A History of Law in Europe

A History of Law in Europe

Author: Antonio Padoa-Schioppa

Publisher: Cambridge University Press

Published: 2017-08-03

Total Pages: 823

ISBN-13: 1107180694

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The first English translation of a comprehensive legal history of Europe from the early middle ages to the twentieth century, encompassing both the common aspects and the original developments of different countries. As well as legal scholars and professionals, it will appeal to those interested in the general history of European civilisation.


Slaves and Englishmen

Slaves and Englishmen

Author: Michael Guasco

Publisher: University of Pennsylvania Press

Published: 2014-01-11

Total Pages: 324

ISBN-13: 0812209885

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Technically speaking, slavery was not legal in the English-speaking world before the mid-seventeenth century. But long before race-based slavery was entrenched in law and practice, English men and women were well aware of the various forms of human bondage practiced in other nations and, in less systematic ways, their own country. They understood the legal and philosophic rationale of slavery in different cultural contexts and, for good reason, worried about the possibility of their own enslavement by foreign Catholic or Muslim powers. While opinions about the benefits and ethics of the institution varied widely, the language, imagery, and knowledge of slavery were a great deal more widespread in early modern England than we tend to assume. In wide-ranging detail, Slaves and Englishmen demonstrates how slavery shaped the ways the English interacted with people and places throughout the Atlantic world. By examining the myriad forms and meanings of human bondage in an international context, Michael Guasco illustrates the significance of slavery in the early modern world before the rise of the plantation system or the emergence of modern racism. As this revealing history shows, the implications of slavery were closely connected to the question of what it meant to be English in the Atlantic world.


Sovereignty & the Responsibility to Protect

Sovereignty & the Responsibility to Protect

Author: Luke Glanville

Publisher: University of Chicago Press

Published: 2013-12-20

Total Pages: 305

ISBN-13: 022607708X

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In 2011, the United Nations Security Council adopted Resolution 1973, authorizing its member states to take measures to protect Libyan civilians from Muammar Gadhafi’s forces. In invoking the “responsibility to protect,” the resolution draws on the principle that sovereign states are responsible and accountable to the international community for the protection of their populations and that the international community can act to protect populations when national authorities fail to do so. The idea that sovereignty includes the responsibility to protect is often seen as a departure from the classic definition, but it actually has deep historical roots. In Sovereignty and the Responsibility to Protect, Luke Glanville argues that this responsibility extends back to the sixteenth and seventeenth centuries, and that states have since been accountable for this responsibility to God, the people, and the international community. Over time, the right to national self-governance came to take priority over the protection of individual liberties, but the noninterventionist understanding of sovereignty was only firmly established in the twentieth century, and it remained for only a few decades before it was challenged by renewed claims that sovereigns are responsible for protection. Glanville traces the relationship between sovereignty and responsibility from the early modern period to the present day, and offers a new history with profound implications for the present.


Freedom, Imprisonment, and Slavery in the Pre-Modern World

Freedom, Imprisonment, and Slavery in the Pre-Modern World

Author: Albrecht Classen

Publisher: Walter de Gruyter GmbH & Co KG

Published: 2021-04-19

Total Pages: 320

ISBN-13: 3110731797

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Contrary to common assumptions, medieval and early modern writers and poets often addressed the high value of freedom, whether we think of such fable authors as Marie de France or Ulrich Bonerius. Similarly, medieval history knows of numerous struggles by various peoples to maintain their own freedom or political independence. Nevertheless, as this study illustrates, throughout the pre-modern period, the loss of freedom could happen quite easily, affecting high and low (including kings and princes) and there are many literary texts and historical documents that address the problems of imprisonment and even enslavement (Georgius of Hungary, Johann Schiltberger, Hans Ulrich Krafft, etc.). Simultaneously, philosophers and theologians discussed intensively the fundamental question regarding free will (e.g., Augustine) and political freedom (e.g., John of Salisbury). Moreover, quite a large number of major pre-modern poets spent a long time in prison where they composed some of their major works (Boethius, Marco Polo, Charles d'Orléans, Thomas Malory, etc.). This book brings to light a vast range of relevant sources that confirm the existence of this fundamental and impactful discourse on freedom, imprisonment, and enslavement.


Law, Liberty and the Constitution

Law, Liberty and the Constitution

Author: Harry Potter

Publisher: Boydell & Brewer Ltd

Published: 2015

Total Pages: 364

ISBN-13: 178327011X

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A new approach to the telling of legal history, devoid of jargon and replete with good stories, which will be of interest to anyone wishing to know more about the common law - the spinal cord of the English body politic.


Criticism of the Court and the Evil King in the Middle Ages

Criticism of the Court and the Evil King in the Middle Ages

Author: Albrecht Classen

Publisher: Lexington Books

Published: 2024-08-15

Total Pages: 301

ISBN-13: 1666941220

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Examining literary narratives from the tenth through the fifteenth centuries, this book explores how writers used their craft to voice harsh criticism of the ruling class and unearths a deep distrust of kings and other authority figures during the Middle Ages.


African Kings and Black Slaves

African Kings and Black Slaves

Author: Herman L. Bennett

Publisher: University of Pennsylvania Press

Published: 2018-09-10

Total Pages: 329

ISBN-13: 0812295498

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A thought-provoking reappraisal of the first European encounters with Africa As early as 1441, and well before other European countries encountered Africa, small Portuguese and Spanish trading vessels were plying the coast of West Africa, where they conducted business with African kingdoms that possessed significant territory and power. In the process, Iberians developed an understanding of Africa's political landscape in which they recognized specific sovereigns, plotted the extent and nature of their polities, and grouped subjects according to their ruler. In African Kings and Black Slaves, Herman L. Bennett mines the historical archives of Europe and Africa to reinterpret the first century of sustained African-European interaction. These encounters were not simple economic transactions. Rather, according to Bennett, they involved clashing understandings of diplomacy, sovereignty, and politics. Bennett unearths the ways in which Africa's kings required Iberian traders to participate in elaborate diplomatic rituals, establish treaties, and negotiate trade practices with autonomous territories. And he shows how Iberians based their interpretations of African sovereignty on medieval European political precepts grounded in Roman civil and canon law. In the eyes of Iberians, the extent to which Africa's polities conformed to these norms played a significant role in determining who was, and who was not, a sovereign people—a judgment that shaped who could legitimately be enslaved. Through an examination of early modern African-European encounters, African Kings and Black Slaves offers a reappraisal of the dominant depiction of these exchanges as being solely mediated through the slave trade and racial difference. By asking in what manner did Europeans and Africans configure sovereignty, polities, and subject status, Bennett offers a new depiction of the diasporic identities that had implications for slaves' experiences in the Americas.