Download or read book Slavery the Civil Law and the Supreme Court of Louisiana written by Judith Kelleher Schafer and published by LSU Press. This book was released on 1997-03-01 with total page 420 pages. Available in PDF, EPUB and Kindle. Book excerpt: Winner of the Francis Butler Simkins Award for 1995 and the 1994 General L. Kemper Williams Prize In what may be the most impressive research to date of state supreme court records, this study analyzes the evolution of Loui siana’s slave laws from the territorial period to the Civil War. Schafer presents numerous concise case his tories, stories that are fascinating and at times heartbreaking in the particulars they reveal about slaves’ existence. Anyone interested in slavery will find Schafer’s work riveting reading, for it depicts in detail, probably better than most fictional or narrative accounts, what living in bondage could mean.
Download or read book Through the Codes Darkly written by Vernon V. Palmer and published by Lawbook Exchange, Limited. This book was released on 2012 with total page 0 pages. Available in PDF, EPUB and Kindle. Book excerpt: A path-breaking and masterly study of Louisiana slave law, this fascinating study offers an examination of the complex French, Spanish, Roman and American heritage of Louisiana's law of slavery and its codification, a profile of the first effort in modern history to integrate slavery into a European-style civil code, the 1808 Digest of Orleans, a trailblazing study of the unwritten laws of slavery and the legal impact of customs and practices developing outside of the Codes, an analysis that overturns the previous scholarly view that Roman law was the model for the Code Noir of 1685, a new unabridged translation (by Palmer) of the Code Noir of 1724 with the original French text on facing pages. "A very useful addition to the growing literature on the law of slavery, this book is particularly important in helping understand the complexity of the Louisiana Code Noir and its impact on American slave law. Palmer's discussion of how the Code came to be written will surprise and educate those who read this book. " --Paul Finkelman, John Hope Franklin Visiting Professor of American Legal History Duke University School of Law and President William McKinley Distinguished Professor of Law, Albany Law School "When it comes to demystifying slave law in Louisiana, Vernon Palmer is practically peerless. It's probably because he is equally comfortable in the weeds of lived experience as he is poring over the pages of classical learning. These masterful essays on the Code Noir's origins, plus Louisiana's 150-year interplay between custom and legal practice, belong on the shelf of anyone with the faintest curiosity about human bondage and the laws fashioned to make it work." --Lawrence N. Powell, Professor Emeritus, Department of History, Tulane University "Slavery remains a current social and political problem, and Vernon Palmer s brilliant work illuminates its history, showing its legal and social complexity through a study primarily of Louisiana, where slavery was included in the first civil codes. Beautifully written, humane and insightful, this monograph will promote reflection on the fascinating legal history of Louisiana as well as on the famous Tannenbaum thesis." --John W. Cairns, FRSE, Chair of Legal History, University of Edinburgh "Palmer has written a path-breaking and splendid account of how Louisianians, newly under American rule, wrote the first modern codes that incorporated slavery in a systematic way into their civil law. Until now, ignored by scholars, these codifications moved slavery from the edges of the legal system to the very center stage in Louisiana courtrooms. The redactors of these codes implanted provisions about slavery into the law of persons, property, successions, sales and prescription, producing a unique Atlantic World slave law of incomparable richness and complexity unseen in other legal systems." --Judith Kelleher Schafer author of Slavery, the Civil Law and the Supreme Court of Louisiana and Becoming Free, Remaining Free: Manumission and Enslavement in New Orleans, 1846-1862
Download or read book An Uncommon Experience written by Judith Kelleher Schafer and published by University of Louisiana. This book was released on 1997 with total page 894 pages. Available in PDF, EPUB and Kindle. Book excerpt: Explores the resulting mixed jurisprudence that is similar, but also different from that of other Southern states or the nation.
Download or read book Becoming Free Remaining Free written by Judith Kelleher Schafer and published by LSU Press. This book was released on 2003-05-01 with total page 234 pages. Available in PDF, EPUB and Kindle. Book excerpt: Louisiana state law was unique in allowing slaves to contract for their freedom and to initiate a lawsuit for liberty. Judith Kelleher Schafer describes the ingenious and remarkably sophisticated ways New Orleans slaves used the legal system to gain their independence and find a voice in a society that ordinarily gave them none. Showing that remaining free was often as challenging as becoming free, Schafer also recounts numerous cases in which free people of color were forced to use the courts to prove their status. She further documents seventeen free blacks who, when faced with deportation, amazingly sued to enslave themselves. Schafer’s impressive detective work achieves a rare feat in the historical profession—the unveiling of an entirely new facet of the slave experience in the American South.
Download or read book The American Law of Slavery 1810 1860 written by Mark Tushnet and published by Princeton University Press. This book was released on 2019-02-19 with total page 272 pages. Available in PDF, EPUB and Kindle. Book excerpt: 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.
Download or read book Southern Slavery and the Law 1619 1860 written by Thomas D. Morris and published by Univ of North Carolina Press. This book was released on 2004-01-21 with total page 588 pages. Available in PDF, EPUB and Kindle. Book excerpt: 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.
Download or read book From Slavery to Civil Rights written by Hilary Mc Laughlin-Stonham and published by Oxford University Press. This book was released on 2020 with total page 272 pages. Available in PDF, EPUB and Kindle. Book excerpt: The history of Louisiana from slavery until the Civil Rights Act of 1964 shows that unique influences within the state were responsible for a distinctive political and social culture. In New Orleans, the most populous city in the state, this was reflected in the conflict that arose on segregated streetcars that ran throughout the crescent city. This study chronologically surveys segregation on the streetcars from the antebellum period in which black stereotypes and justification for segregation were formed. It follows the political and social motivation for segregation through reconstruction to the integration of the streetcars and the white resistance in the 1950s while examining the changing political and social climate that evolved over the segregation era. It considers the shifting nature of white supremacy that took hold in New Orleans after the Civil War and how this came to be played out daily, in public, on the streetcars. The paternalistic nature of white supremacy is considered and how this was gradually replaced with an unassailable white supremacist atmosphere that often restricted the actions of whites, as well as blacks, and the effect that this had on urban transport. Streetcars became the 'theatres' for black resistance throughout the era and this survey considers the symbolic part they played in civil rights up to the present day.
Download or read book Deep Delta Justice written by Matthew Van Meter and published by Hachette UK. This book was released on 2020-07-28 with total page 260 pages. Available in PDF, EPUB and Kindle. Book excerpt: The book that inspired the documentary A Crime on the Bayou 2021 Chautauqua Prize Finalist The "arresting, astonishing history" of one lawyer and his defendant who together achieved a "civil rights milestone" (Justin Driver). In 1966 in a small town in Louisiana, a 19-year-old black man named Gary Duncan pulled his car off the road to stop a fight. Duncan was arrested a few minutes later for the crime of putting his hand on the arm of a white child. Rather than accepting his fate, Duncan found Richard Sobol, a brilliant, 29-year-old lawyer from New York who was the only white attorney at "the most radical law firm" in New Orleans. Against them stood one of the most powerful white supremacists in the South, a man called simply "The Judge." In this powerful work of character-driven history, journalist Matthew Van Meter vividly brings alive how a seemingly minor incident brought massive, systemic change to the criminal justice system. Using first-person interviews, in-depth research and a deep knowledge of the law, Van Meter shows how Gary Duncan's insistence on seeking justice empowered generations of defendants-disproportionately poor and black-to demand fair trials. Duncan v. Louisiana changed American law, but first it changed the lives of those who litigated it.
Download or read book Louisiana s Legal Heritage written by Edward F. Haas and published by . This book was released on 1983 with total page 242 pages. Available in PDF, EPUB and Kindle. Book excerpt:
Download or read book The Struggle Between the Civilization of Slavery and that of Freedom written by Edward Coke Billings and published by Books for Libraries. This book was released on 1971 with total page 40 pages. Available in PDF, EPUB and Kindle. Book excerpt:
Download or read book The Dred Scott Case written by Roger Brooke Taney and published by Legare Street Press. This book was released on 2022-10-27 with total page 0 pages. Available in PDF, EPUB and Kindle. Book excerpt: The Washington University Libraries presents an online exhibit of documents regarding the Dred Scott case. American slave Dred Scott (1795?-1858) and his wife Harriet filed suit for their freedom in the Saint Louis Circuit Court in 1846. The U.S. Supreme Court decided in 1857 that the Scotts must remain slaves.
Download or read book Slavery by Another Name written by Douglas A. Blackmon and published by Icon Books. This book was released on 2012-10-04 with total page 429 pages. Available in PDF, EPUB and Kindle. Book excerpt: A Pulitzer Prize-winning history of the mistreatment of black Americans. In this 'precise and eloquent work' - as described in its Pulitzer Prize citation - Douglas A. Blackmon brings to light one of the most shameful chapters in American history - an 'Age of Neoslavery' that thrived in the aftermath of the Civil War through the dawn of World War II. Using a vast record of original documents and personal narratives, Blackmon unearths the lost stories of slaves and their descendants who journeyed into freedom after the Emancipation Proclamation and then back into the shadow of involuntary servitude thereafter. By turns moving, sobering and shocking, this unprecedented account reveals these stories, the companies that profited the most from neoslavery, and the insidious legacy of racism that reverberates today.
Download or read book The Louisiana Civilian Experience written by Vernon V. Palmer and published by . This book was released on 2005 with total page 310 pages. Available in PDF, EPUB and Kindle. Book excerpt:
Download or read book Supreme Injustice written by Paul Finkelman and published by Harvard University Press. This book was released on 2018-01-08 with total page 301 pages. Available in PDF, EPUB and Kindle. Book excerpt: In ruling after ruling, the three most important pre–Civil War justices—Marshall, Taney, and Story—upheld slavery. Paul Finkelman establishes an authoritative account of each justice’s proslavery position, the reasoning behind his opposition to black freedom, and the personal incentives that embedded racism ever deeper in American civic life.
Download or read book A Law unto Itself written by Warren M. Billings and published by LSU Press. This book was released on 2001-01-01 with total page 248 pages. Available in PDF, EPUB and Kindle. Book excerpt: Louisiana's legal heritage has long been a source of fascination, curiosity, and sadly, misinformation. Outsiders have viewed the legal system as an anomaly and have shunned its study because of its perceived quirkiness. Moreover, past writings about the state's legal structure have focused on the minutiae of Louisiana's civil law origins, adding to an image of peculiarity. Consequently, Louisiana has been generally ignored in treatments of American or southern legal history. Recently, however, a new vision has emerged the New Louisiana Legal History. A product of an energetic cadre of writers, this rendering explores new methods and areas of research with the aim of integrating Louisiana into the mainstream of American legal history, southern history, and American history in general. The ten essays in this volume -- which address law in the state through the nineteenth century -- mark the coming of age of the New Louisiana Legal History. Grounded in novel research methodologies and underutilized manuscripts, this book links the distinctive history of Louisiana law to the wider contexts of southern and American history and offers an exciting new interpretation of the state's unique past.
Download or read book The Justices of the Supreme Court of Louisiana 1865 1880 written by Evelyn L. Wilson and published by . This book was released on 2015 with total page 266 pages. Available in PDF, EPUB and Kindle. Book excerpt: Eighteen Justices served on the Supreme Court of Louisiana during the period 1865 to 1880. The Civil War and Reconstruction years were not easy for any of these men. Sentiment ran high and violence was common. Criticism was as harsh as it was unwarranted. The justices selected to serve in 1865 and 1868 were, generally, Republicans and supporters of the Union. Most of the lawyers practicing before them were Democrats who had fought for or supported the Confederacy. Operating in the face of open hostility, the court faced the task of bringing order to chaos as most courts had been closed during the war. In 1877, the era of Reconstruction ended when Democrats gained control of the state. The set of justices appointed in 1877 had been committed to the Confederacy and were opposed to the federal presence in the state. Though considered political conservatives, they were judicial activists, bending the law to ensure that justice, as they perceived it, prevailed. They were confident their decisions would be well received. This work provides a short biography for each justice and describes many of the cases decided by the court. The cases selected involve issues unique to this era or are particularly intriguing. This research was supported by the Education Committee of the Louisiana Bar Foundation. Evelyn L. Wilson is the Horatio C. Thompson Endowed Professor at the Southern University Law Center in Baton Rouge, Louisiana. She clerked for Chief Justice John A. Dixon, Jr. at the Louisiana Supreme Court and practiced law before joining the Law Center in 1986. Professor Wilson has been a visiting professor in Virginia, Nigeria, Lithuania, Turkey and Nepal. She was selected as a U.S. Fulbright Senior Scholar in 2015. Wilson's scholarship has focused on Federal Jurisdiction, civil procedure, human and civil rights, and legal history. She authored the book, Laws, Customs and Rights, which tells the story of Charles J. Hatfield whose lawsuit caused the state of Louisiana to establish a law school at Southern University. and has co-authored a textbook entitled, Louisiana Property Law.
Download or read book History of the Laws of Louisiana and of the Civil Law written by Thomas Jenkins Semmes and published by . This book was released on 1873 with total page 50 pages. Available in PDF, EPUB and Kindle. Book excerpt:
