Southern Slavery and the Law, 1619-1860
Southern Slavery and the Law, 1619-1860

Author: Thomas D. Morris

Publisher: Univ of North Carolina Press

Published: 2004-01-21

Total Pages: 588

ISBN-13: 0807864307

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This volume is the first comprehensive history of the evolving relationship between American slavery and the law from colonial times to the Civil War. As Thomas Morris clearly shows, racial slavery came to the English colonies as an institution without strict legal definitions or guidelines. Specifically, he demonstrates that there was no coherent body of law that dealt solely with slaves. Instead, more general legal rules concerning inheritance, mortgages, and transfers of property coexisted with laws pertaining only to slaves. According to Morris, southern lawmakers and judges struggled to reconcile a social order based on slavery with existing English common law (or, in Louisiana, with continental civil law.) Because much was left to local interpretation, laws varied between and even within states. In addition, legal doctrine often differed from local practice. And, as Morris reveals, in the decades leading up to the Civil War, tensions mounted between the legal culture of racial slavery and the competing demands of capitalism and evangelical Christianity.

The Law and Slavery
The Law and Slavery

Author: Jean Allain

Publisher:

Published: 2015-06-22

Total Pages: 640

ISBN-13: 9789004279889

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The Law and Slavery delivers Professor Jean Allain's foundations which have led to the renaissance of the legal understanding of slavery which has transformed the landscape related to human exploitation during the early 21st Century.

The American Law of Slavery, 1810-1860
The American Law of Slavery, 1810-1860

Author: Mark Tushnet

Publisher: Princeton University Press

Published: 2019-02-19

Total Pages: 273

ISBN-13: 0691198152

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In an examination of Southern slave law between 1810 and 1860, Mark Tushnet reveals a structured dichotomy between slave labor systems and bourgeois systems of production. Whereas the former rest on the total dominion of the master over the slave and necessitate a concern for the slave's humanity, the latter rest of the purchase by the capitalist of a worker's labor power only and are concerned primarily with economic interest. Focusing on a wide range of issues that include contract and accident law as well as criminal law and the law of manumission, he shows how Southern slave law had to respond to the competing pressures of humanity and interest. Beginning with a critical evaluation of slave law, the author develops the conceptual framework for his own perspective on the legal system, drawing on the works of Marx and Weber. He then examines four appellate court cases decided in three different states, from civil-law Louisiana to commonlaw North Carolina, at widely separated times, from 1818 to 1858. Professor Tushnet finds that the cases display a continuing but never wholly successful attempt at distinguish between law and sentiment as modes of regulating social interactions involving slaves. Also, the cases show that the primary method of accommodating law and sentiment was an attempt to use rigid categories to confine the law of slavery to what was thought its proper sphere. Mark Tushnet is Professor of Law at the University of Wisconsin. Originally published in 1981. The Princeton Legacy Library uses the latest print-on-demand technology to again make available previously out-of-print books from the distinguished backlist of Princeton University Press. These editions preserve the original texts of these important books while presenting them in durable paperback and hardcover editions. The goal of the Princeton Legacy Library is to vastly increase access to the rich scholarly heritage found in the thousands of books published by Princeton University Press since its founding in 1905.

The Legal Understanding of Slavery
The Legal Understanding of Slavery

Author: Jean Allain

Publisher: OUP Oxford

Published: 2012-09-27

Total Pages: 416

ISBN-13: 0191645354

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"Slavery is the status or condition of a person over whom any or all of the powers attaching to the right of ownership are exercised." So reads the legal definition of slavery agreed by the League of Nations in 1926. Further enshrined in law during international negotiations in 1956 and 1998, this definition has been interpreted in different ways by the international courts in the intervening years. What can be considered slavery? Should forced labour be considered slavery? Debt-bondage? Child soldiering? Or forced marriage? This book explores the limits of how slavery is understood in law. It shows how the definition of slavery in law and the contemporary understanding of slavery has continually evolved and continues to be contentious. It traces the evolution of concepts of slavery, from Roman law through the Middle Ages, the 18th and 19th centuries, up to the modern day manifestations, including manifestations of forced labour and trafficking in persons, and considers how the 1926 definition can distinguish slavery from lesser servitudes. Together the contributors have put together a set of guidelines intended to clarify the law where slavery is concerned. The Bellagio-Harvard Guidelines on the Legal Parameters of Slavery, reproduced here for the first time, takes their shared understanding of both the past and present to project a consistent interpretation of the legal definition of slavery for the future.

Slavery & the Law
Slavery & the Law

Author: Paul Finkelman

Publisher: Rowman & Littlefield

Published: 2002

Total Pages: 488

ISBN-13: 9780742521193

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In this book, prominent historians of slavery and legal scholars analyze the intricate relationship between slavery, race, and the law from the earliest Black Codes in colonial America to the passage of the Fugitive Slave Law and the Dred Scott decision prior to the Civil War. Slavery & the Law's wide-ranging essays focus on comparative slave law, auctioneering practices, rules of evidence, and property rights, as well as issues of criminality, punishment, and constitutional law.

The Slave Trade and the Origins of International Human Rights Law
The Slave Trade and the Origins of International Human Rights Law

Author: Jenny S. Martinez

Publisher: OUP USA

Published: 2012-01-04

Total Pages: 264

ISBN-13: 0195391624

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There is a broad consensus among scholars that the idea of human rights was a product of the Enlightenment but that a self-conscious and broad-based human rights movement focused on international law only began after World War II. In this book, the nineteenth century's absence is conspicuous - few have considered that era seriously, much less written books on it. But as this author shows, the foundation of the movement that we know today was a product of one of the nineteenth century's central moral causes: the movement to ban the international slave trade.

Slave Law and the Politics of Resistance in the Early Atlantic World
Slave Law and the Politics of Resistance in the Early Atlantic World

Author: Edward B. Rugemer

Publisher: Harvard University Press

Published: 2018-11-12

Total Pages: 401

ISBN-13: 0674982991

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Winner of the Jerry H. Bentley Book Prize, World History Association The success of the English colony of Barbados in the seventeenth century, with its lucrative sugar plantations and enslaved African labor, spawned the slave societies of Jamaica in the western Caribbean and South Carolina on the American mainland. These became the most prosperous slave economies in the Anglo-American Atlantic, despite the rise of enlightened ideas of liberty and human dignity. Slave Law and the Politics of Resistance in the Early Atlantic World reveals the political dynamic between slave resistance and slaveholders’ power that marked the evolution of these societies. Edward Rugemer shows how this struggle led to the abolition of slavery through a law of British Parliament in one case and through violent civil war in the other. In both Jamaica and South Carolina, a draconian system of laws and enforcement allowed slave masters to maintain control over the people they enslaved, despite resistance and recurrent slave revolts. Brutal punishments, patrols, imprisonment, and state-sponsored slave catchers formed an almost impenetrable net of power. Yet slave resistance persisted, aided and abetted by rising abolitionist sentiment and activity in the Anglo-American world. In South Carolina, slaveholders exploited newly formed levers of federal power to deflect calls for abolition and to expand slavery in the young republic. In Jamaica, by contrast, whites fought a losing political battle against Caribbean rebels and British abolitionists who acted through Parliament. Rugemer’s comparative history spanning two hundred years of slave law and political resistance illuminates the evolution and ultimate collapse of slave societies in the Atlantic World.

Slave Laws in Virginia
Slave Laws in Virginia

Author: Philip J. Schwarz

Publisher: University of Georgia Press

Published: 2010-05-01

Total Pages: 274

ISBN-13: 0820335169

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The five essays in Slave Laws in Virginia explore two centuries of the ever-changing relationship between a major slave society and the laws that guided it. The topics covered are diverse, including the African judicial background of African American slaves, Thomas Jefferson's relationship with the laws of slavery, the capital punishment of slaves, nineteenth-century penal transportation of slaves from Virginia as related to the interstate slave trade and the changing market for slaves, and Virginia's experience with its own fugitive slave laws. Through the history of one large extended family of ex-slaves, Philip J. Schwarz's conclusion examines how the law shaped the interaction between former slaves and masters after emancipation. Instead of relying on a static view of these two centuries, the author focuses on the diverse and changing ways that lawmakers and law enforcers responded to slaves' behavior and to whites' perceptions of and assumptions about that behavior.