Download or read book The Legal Understanding of Slavery written by Jean Allain and published by Oxford University Press on Demand. This book was released on 2012-09-27 with total page 415 pages. Available in PDF, EPUB and Kindle. Book excerpt: This book examines how slavery is understood in law. It shows how the legal definition of slavery has evolved and continues to be contentious. It traces the understanding of slavery from Roman law through the Middle Ages, the 18th and 19th centuries, up to the modern day manifestations, including forced labour and trafficking in persons.
Download or read book The Legal Understanding of Slavery written by Jean Allain and published by OUP Oxford. This book was released on 2012-09-27 with total page 416 pages. Available in PDF, EPUB and Kindle. Book excerpt: "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.
Download or read book Slavery the Law written by Paul Finkelman and published by Rowman & Littlefield. This book was released on 2002 with total page 488 pages. Available in PDF, EPUB and Kindle. Book excerpt: 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.
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 The Law and Slavery written by Jean Allain and published by BRILL. This book was released on 2015-05-19 with total page 655 pages. Available in PDF, EPUB and Kindle. Book excerpt: The Law and Slavery sets out the articles, book reviews and case notes by Professor Jean Allain which led to pioneering exploration of forced labour, servitudes, slavery, the slave trade, and trafficking in his 2013 Slavery in International Law: Of Human Exploitation and Trafficking (MNP). This collection brings together Professor Allain’s considerations of the evolution of legal abolition internationally, his critique of the then status quo in the area of slavery and the law, and goes on to develop the foundations of a legal understanding of various servitudes and slavery based on his archival research and legal analysis. Professor Allain’s research has transformed the landscape of how we understand contemporary slavery and those other servitudes which constitute human exploitation.
Download or read book Slavery in International Law written by Jean Allain and published by Martinus Nijhoff Publishers. This book was released on 2012-10-12 with total page 445 pages. Available in PDF, EPUB and Kindle. Book excerpt: Slavery in International Law sets out the law related to slavery and lesser servitudes, including forced labour and debt bondage; thus developing an overall understanding of the term human ‘exploitation’, which is at the heart of the definition of trafficking.
Download or read book People Without Rights written by Andrew Fede and published by Routledge. This book was released on 2012-11-22 with total page 284 pages. Available in PDF, EPUB and Kindle. Book excerpt: First published in September 1992, the book traces the nature and development of the fundamental legal relationships among slaves, masters, and third parties. It shows how the colonial and antebellum Southern judges and legislators accommodated slaverye(tm)s social relationships into the common law, and how slave law evolved in different states over time in response to social political, economic, and intellectual developments. The book states that the law of slavery in the US South treated slaves both as people and property. It reconciles this apparent contradiction by demonstrating that slaves were defined in the law as items of human property without any legal rights. When the lawmakers recognized slaves as people, they burdened slaves with added legal duties and disabilities. This epitomized in legal terms slaverye(tm)s oppressive social relationships. The book also illustrates how cases in which the lawmakers recognized slaves as people legitimized slaverye(tm)s inhumanity. References in the law to the legal humanity of people held as slaves are shown to be rhetorical devices and cruel ironies that regulated the relative rights of the slavese(tm) owners and other free people that were embodied in people held as slaves. Thus, it is argued that it never makes sense to think of slave legal rights. This was so even when the lawmakers regulated the individual masterse(tm) rights to treat their slaves as they wished. These regulations advanced policies that the lawmakers perceived to be in the public interest within the context of a slave society.
Download or read book Trafficking in Human Beings written by Silvia Scarpa and published by Oxford University Press on Demand. This book was released on 2008 with total page 257 pages. Available in PDF, EPUB and Kindle. Book excerpt: This text analyses the various international legal instruments regulating people trafficking including treaties, 'soft law', and the definition contained in the UN Trafficking Protocol, and argues that trafficking in persons ought rightly to be considered a part of jus cogens.
Download or read book The Slave Trade and the Origins of International Human Rights Law written by Jenny S. Martinez and published by OUP USA. This book was released on 2012-01-04 with total page 264 pages. Available in PDF, EPUB and Kindle. Book excerpt: 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.
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 Human Trafficking and Slavery Reconsidered written by Vladislava Stoyanova and published by Cambridge University Press. This book was released on 2017-03-16 with total page 513 pages. Available in PDF, EPUB and Kindle. Book excerpt: An original analysis of the definition and scope of the right not to be held in slavery, servitude and forced labour.
Download or read book Survivors of Slavery written by Laura T. Murphy and published by Columbia University Press. This book was released on 2014-03-25 with total page 345 pages. Available in PDF, EPUB and Kindle. Book excerpt: Slavery is not a crime confined to the far reaches of history. It is an injustice that continues to entrap twenty-seven million people across the globe. Laura Murphy offers close to forty survivor narratives from Cambodia, Ghana, Lebanon, Macedonia, Mexico, Russia, Thailand, Ukraine, and the United States, detailing the horrors of a system that forces people to work without pay and against their will, under the threat of violence, with little or no means of escape. Representing a variety of circumstances in diverse contexts, these survivors are the Frederick Douglasses, Sojourner Truths, and Olaudah Equianos of our time, testifying to the widespread existence of a human rights tragedy and the urgent need to address it. Through storytelling and firsthand testimony, this anthology shapes a twenty-first-century narrative that many believe died with the end of slavery in the Americas. Organized around such issues as the need for work, the punishment of defiance, and the move toward activism, the collection isolates the causes, mechanisms, and responses to slavery that allow the phenomenon to endure. Enhancing scholarship in women's studies, sociology, criminology, law, social work, and literary studies, the text establishes a common trajectory of vulnerability, enslavement, captivity, escape, and recovery, creating an invaluable resource for activists, scholars, legislators, and service providers.
Download or read book The American Slave Code in Theory and Practice written by William Goodell and published by . This book was released on 1853 with total page 448 pages. Available in PDF, EPUB and Kindle. Book excerpt:
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 Understanding Global Slavery written by Kevin Bales and published by Univ of California Press. This book was released on 2005-11-07 with total page 224 pages. Available in PDF, EPUB and Kindle. Book excerpt: Slavery continues as a blight on the human world, with an estimated 27 million people around the world in bondage. Kevin Bales undertakes a discussion of the causes of enslavement & the socio-economic factors that sustain slavery in the 21st century.
Download or read book Contemporary Slavery written by Annie Bunting and published by Cornell University Press. This book was released on 2018-05-15 with total page 402 pages. Available in PDF, EPUB and Kindle. Book excerpt: This volume brings together a cast of leading experts to carefully explore how the history and iconography of slavery has been invoked to support a series of government interventions, activist projects, legal instruments, and rhetorical performances. However well-intentioned these interventions might be, they nonetheless remain subject to a host of limitations and complications. Recent efforts to combat contemporary slavery are too often sensationalist, self-serving, and superficial and, therefore, end up failing the crucial test of speaking truth to power. The widely held notion that antislavery is one of those rare issues that "transcends" politics or ideology is only sustainable because the underlying issues at stake have been constructed and demarcated in a way that minimizes direct challenges to dominant political and economic interests. This must change. By providing an original approach to the underlying issues at stake, Contemporary Slavery will help readers understand the political practices that have been concealed beneath the popular rhetoric and establishes new conversations between scholars of slavery and trafficking and scholars of human rights and social movements. Contributors: Jean Allain, Jonathan Blagbrough, Roy Brooks, Annie Bunting, Austin Choi-Fitzpatrick, Andrew Crane, Rhoda Howard-Hassmann, Fuyuki Kurasawa, Benjamin Lawrance, Joel Quirk, and Darshan Vigneswaran
Download or read book The Unconstitutionality of Slavery written by Lysander SPOONER and published by . This book was released on 1853 with total page 310 pages. Available in PDF, EPUB and Kindle. Book excerpt:
