Download or read book Liberty Slavery and the Law in Early Modern Western Europe written by Filip Batselé and published by Springer Nature. This book was released on 2020-01-03 with total page 232 pages. Available in PDF, EPUB and Kindle. Book excerpt: 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.
Download or read book Liberty Slavery and the Law in Early Modern Western Europe written by Filip Batselé and published by Springer Nature. This book was released on 2020-01-03 with total page 232 pages. Available in PDF, EPUB and Kindle. Book excerpt: 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.
Download or read book Arbitrary Rule written by Mary Nyquist and published by University of Chicago Press. This book was released on 2013-05-10 with total page 436 pages. Available in PDF, EPUB and Kindle. Book excerpt: 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.
Download or read book A History of Law in Europe written by Antonio Padoa-Schioppa and published by Cambridge University Press. This book was released on 2017-08-03 with total page 823 pages. Available in PDF, EPUB and Kindle. Book excerpt: 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.
Download or read book Slaves and Englishmen written by Michael Guasco and published by University of Pennsylvania Press. This book was released on 2014-01-11 with total page 324 pages. Available in PDF, EPUB and Kindle. Book excerpt: 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.
Download or read book Sovereignty the Responsibility to Protect written by Luke Glanville and published by University of Chicago Press. This book was released on 2013-12-20 with total page 305 pages. Available in PDF, EPUB and Kindle. Book excerpt: 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.
Download or read book Freedom Imprisonment and Slavery in the Pre Modern World written by Albrecht Classen and published by Walter de Gruyter GmbH & Co KG. This book was released on 2021-04-19 with total page 320 pages. Available in PDF, EPUB and Kindle. Book excerpt: 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.
Download or read book Law Liberty and the Constitution written by Harry Potter and published by Boydell & Brewer Ltd. This book was released on 2015 with total page 364 pages. Available in PDF, EPUB and Kindle. Book excerpt: 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.
Download or read book The Roman Law of Slavery written by William Warwick Buckland and published by . This book was released on 1908 with total page 758 pages. Available in PDF, EPUB and Kindle. Book excerpt:
Download or read book Criticism of the Court and the Evil King in the Middle Ages written by Albrecht Classen and published by Lexington Books. This book was released on 2024-08-15 with total page 301 pages. Available in PDF, EPUB and Kindle. Book excerpt: 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.
Download or read book African Kings and Black Slaves written by Herman L. Bennett and published by University of Pennsylvania Press. This book was released on 2018-09-10 with total page 329 pages. Available in PDF, EPUB and Kindle. Book excerpt: 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.
Download or read book The Sun King at Sea written by Meredith Martin and published by Getty Publications. This book was released on 2022-01-04 with total page 258 pages. Available in PDF, EPUB and Kindle. Book excerpt: This richly illustrated volume, the first devoted to maritime art and galley slavery in early modern France, shows how royal propagandists used the image and labor of enslaved Muslims to glorify Louis XIV. Mediterranean maritime art and the forced labor on which it depended were fundamental to the politics and propaganda of France’s King Louis XIV (r. 1643–1715). Yet most studies of French art in this period focus on Paris and Versailles, overlooking the presence or portrayal of galley slaves on the kingdom’s coasts. By examining a wide range of artistic productions—ship design, artillery sculpture, medals, paintings, and prints—Meredith Martin and Gillian Weiss uncover a vital aspect of royal representation and unsettle a standard picture of art and power in early modern France. With an abundant selection of startling images, many never before published, The Sun King at Sea emphasizes the role of esclaves turcs (enslaved Turks)—rowers who were captured or purchased from Islamic lands—in building and decorating ships and other art objects that circulated on land and by sea to glorify the Crown. Challenging the notion that human bondage vanished from continental France, this cross-disciplinary volume invites a reassessment of servitude as a visible condition, mode of representation, and symbol of sovereignty during Louis XIV’s reign.
Download or read book Taxation No Tyranny written by Samuel Johnson and published by . This book was released on 1775 with total page 92 pages. Available in PDF, EPUB and Kindle. Book excerpt:
Download or read book The Invention of Custom written by Francesca Iurlaro and published by Oxford University Press. This book was released on 2021-12-23 with total page 486 pages. Available in PDF, EPUB and Kindle. Book excerpt: The concept of customary international law, although differently formulated, is already present in early modern European debates on natural law and the law of nations. However, no scholarly monograph has, until now, addressed the relationship between custom and the European natural law and ius gentium tradition. This book tells that neglected story, and offers a solid conceptual framework to contextualize and understand the 'problematic of custom', namely how to identify its normative content. Natural law doctrines, and the different ways in which they help construct human reason, provided custom with such normative content. This normative content consists of a set of fundamental moral values that help identify the status of custom as either a fundamental feature or an original source of ius gentium. This book explores what cultural values and practices facilitated the emergence of custom and rendered it into as a source of the law of nations, and how they did so. Two crucial issues form the core of the book's analysis. Firstly, it qualifies the nature of the interrelation between natural law and ius gentium, explaining why it matters in relation to our understanding of the idea of custom. Second, the book claims that the process of custom formation as a source of law calls into question the role of the authority of history. The interpretation of the past through this approach can thus be described as one of 'invention'.
Download or read book The Oxford Handbook of English Law and Literature 1500 1700 written by Lorna Hutson and published by Oxford University Press. This book was released on 2017 with total page 833 pages. Available in PDF, EPUB and Kindle. Book excerpt: This Handbook triangulates the disciplines of history, legal history, and literature to produce a new, interdisciplinary framework for the study of early modern England. For historians of early modern England, turning to legal archives and learning more about legal procedure has seemed increasingly relevant to the project of understanding familial and social relations as well as political institutions, state formation, and economic change. Literary scholars and intellectual historians have also shown how classical forensic rhetoric formed the basis both of the humanist teaching of literary composition (poetry and drama) and of new legal epistemologies of fact-finding and evidence evaluation. In addition, the post-Reformation jurisdictional dominance of the common law produced new ways of drawing the boundaries between private conscience and public accountability. This Handbook brings historians, literary scholars, and legal historians together to build on and challenge these and similar lines of inquiry. Chapters in the Handbook consider the following topics in a variety of combinations: forensic rhetoric, poetics and evidence; humanist and legal learning; political and professional identities at the Inns of Court; poetry, drama, and visual culture; local governance and legal reform; equity, conscience, and religious law; legal transformations of social and affective relations (property, marriage, witchcraft, contract, corporate personhood); authorial liability (libel, censorship, press regulation); rhetorics of liberty, slavery, torture, and due process; nation, sovereignty, and international law (the British archipelago, colonialism, empire).
Download or read book The Making of New World Slavery written by Robin Blackburn and published by Verso. This book was released on 1997 with total page 612 pages. Available in PDF, EPUB and Kindle. Book excerpt: At the time when European powers colonized the Americas, the institution of slavery had almost disappeared from Europe itself. Having overcome an institution widely regarded as oppressive, why did they sponsor the construction of racial slavery in their new colonies? Robin Blackburn traces European doctrines of race and slavery from medieval times to the early modern epoch, and finds that the stigmatization of the ethno-religious Other was given a callous twist by a new culture of consumption, freed from an earlier moral economy. The Making of New World Slavery argues that independent commerce, geared to burgeoning consumer markets, was the driving force behind the rise of plantation slavery. The baroque state sought—successfully—to batten on this commerce, and—unsuccessfully—to regulate slavery and race. Successive chapters of the book consider the deployment of slaves in the colonial possessions of the Portuguese, the Spanish, the Dutch, the English and the French. Each are shown to have contributed something to the eventual consolidation of racial slavery and to the plantation revolution of the seventeenth and eighteenth centuries. It is shown that plantation slavery emerged from the impulses of civil society rather than from the strategies of the individual states. Robin Blackburn argues that the organization of slave plantations placed the West on a destructive path to modernity and that greatly preferable alternatives were both proposed and rejected. Finally he shows that the surge of Atlantic trade, premised on the killing toil of the plantations, made a decisive contribution to both the Industrial Revolution and the rise of the West.
Download or read book The Law of Nations written by Emer de Vattel and published by . This book was released on 1856 with total page 668 pages. Available in PDF, EPUB and Kindle. Book excerpt:
