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 An Inquiry Into the Law of Negro Slavery in the United States of America written by Thomas Read Rootes Cobb and published by . This book was released on 1858 with total page 612 pages. Available in PDF, EPUB and Kindle. Book excerpt:
Download or read book Slave Law in the Americas written by Alan Watson and published by University of Georgia Press. This book was released on 1989-01-01 with total page 212 pages. Available in PDF, EPUB and Kindle. Book excerpt: In this book, Alan Watson argues that the slave laws of North and South America--the written codes defining the relationship of masters to slaves--reflect not so much the culture and society of the various colonies but the legal traditions of England, Europe, and ancient Rome. A pathbreaking study concerned as much with the nature of comparative law as the specific subject of the law of slavery, Slave Law in the Americas posits an essential distance in the Western legal tradition between the tenets of law and the values of the society they govern. Laws, Watson shows, often are made not by governments or rulers but by jurists as in ancient Rome, law professors as in medieval and continental Europe, and judges as in common law England. Bodies of law, often created without reference to particular social and political ideals, are also often transferred whole cloth from one society to another. Tracing the effects of the reception of Roman law throughout Europe (excluding England) and the Americas, Watson reveals the enormous impact of this legal tradition on subsequent lawmakers operating under utterly dissimilar social and political conditions in the New World. Slave law in the colonies, Watson demonstrates, had much to do with the mother country's relations to Roman law. Spain, Portugal, France, and the United Dutch Provinces, all within the Roman legal tradition, imposed on their colonies slave laws that were private and nonracist in character, laws that interfered little in master-slave relations and provided for the relative ease of manumission and the grant of citizenship to freed slaves. England, however, did not ascribe to Roman law and colonists created rather than received slave law. Public and racist, slave law in the English colonies uniquely reflected local concerns, involving every citizen in the protection and perpetuation of slavery, strictly regulating education, manumission, and citizenship status. "Comparative legal history," Watson writes, "is in its infancy." Presenting the laws of slavery in ancient Rome and in the slaveholding colonies of America, Watson demonstrates how comparative law can elucidate the relationship of law, legal rules, and institutions to the society in which they operate. Investigating not the dynamics of slavery but of slave law, he reveals the working of a legal culture and its peculiar history.
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 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 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 Fractional Freedoms written by Michelle A. McKinley and published by Cambridge University Press. This book was released on 2018-04-26 with total page 0 pages. Available in PDF, EPUB and Kindle. Book excerpt: Fractional Freedoms explores how thousands of slaves in colonial Peru were able to secure their freedom, keep their families intact, negotiate lower self-purchase prices, and arrange transfers of ownership by filing legal claims. Through extensive archival research, Michelle A. McKinley excavates the experiences of enslaved women whose historical footprint is barely visible in the official record. She complicates the way we think about life under slavery and demonstrates the degree to which slaves were able to exercise their own agency, despite being ensnared by the Atlantic slave trade. Enslaved women are situated as legal actors who had overlapping identities as wives, mothers, mistresses, wet-nurses and day-wage domestics, and these experiences within the urban working environment are shown to condition their identities as slaves. Although the outcomes of their lawsuits varied, Fractional Freedoms demonstrates how enslaved women used channels of affection and intimacy to press for liberty and prevent the generational transmission of enslavement to their children.
Download or read book Slavery in the Courtroom written by Paul Finkelman and published by The Lawbook Exchange, Ltd.. This book was released on 1998 with total page 360 pages. Available in PDF, EPUB and Kindle. Book excerpt: Winner, Joseph A. Andrews Award from the American Association of Law Libraries, 1986. Provides a detailed discussion and analysis of the pamphlet materials on the law of slavery published in the United States and Great Britain.
Download or read book Underground Airlines written by Ben H. Winters and published by Mulholland Books. This book was released on 2016-07-05 with total page 355 pages. Available in PDF, EPUB and Kindle. Book excerpt: The bestselling book that asks the question: what would present-day America look like if the Civil War never happened? A New York Times bestseller; a Goodreads Choice finalist; named one of the Best Books of the Year by NPR, Slate, Publishers Weekly, Hudson Bookseller, St. Louis Post-Dispatch, Kirkus Reviews, AudioFile Magazine, and Amazon A young black man calling himself Victor has struck a bargain with federal law enforcement, working as a bounty hunter for the US Marshall Service in exchange for his freedom. He's got plenty of work. In this version of America, slavery continues in four states called "the Hard Four." On the trail of a runaway known as Jackdaw, Victor arrives in Indianapolis knowing that something isn't right -- with the case file, with his work, and with the country itself. As he works to infiltrate the local cell of a abolitionist movement called the Underground Airlines, tracking Jackdaw through the back rooms of churches, empty parking garages, hotels, and medical offices, Victor believes he's hot on the trail. But his strange, increasingly uncanny pursuit is complicated by a boss who won't reveal the extraordinary stakes of Jackdaw's case, as well as by a heartbreaking young woman and her child -- who may be Victor's salvation. Victor believes himself to be a good man doing bad work, unwilling to give up the freedom he has worked so hard to earn. But in pursuing Jackdaw, Victor discovers secrets at the core of the country's arrangement with the Hard Four, secrets the government will preserve at any cost. Underground Airlines is a ground-breaking novel, a wickedly imaginative thriller, and a story of an America that is more like our own than we'd like to believe.
Download or read book The Dred Scott Case written by Don Edward Fehrenbacher and published by . This book was released on 1978 with total page 802 pages. Available in PDF, EPUB and Kindle. Book excerpt: Winner of the Pulitzer Prize in 1979, The Dred Scott Case is a masterful examination of the most famous example of judicial failure--the case referred to as "the most frequently overturned decision in history."On March 6, 1857, Chief Justice Roger B. Taney delivered the Supreme Court's decision against Dred Scott, a slave who maintained he had been emancipated as a result of having lived with his master in the free state of Illinois and in federal territory where slavery was forbidden by the Missouri Compromise. The decision did much more than resolve the fate of an elderly black man and his family: Dred Scott v. Sanford was the first instance in which the Supreme Court invalidated a major piece of federal legislation. The decision declared that Congress had no power to prohibit slavery in the federal territories, thereby striking a severe blow at the the legitimacy of the emerging Republican party and intensifying the sectional conflict over slavery.This book represents a skillful review of the issues before America on the eve of the Civil War. The first third of the book deals directly with the with the case itself and the Court's decision, while the remainder puts the legal and judicial question of slavery into the broadest possible American context. Fehrenbacher discusses the legal bases of slavery, the debate over the Constitution, and the dispute over slavery and continental expansion. He also considers the immediate and long-range consequences of the decision.
Download or read book Slave Law in the American South written by Mark V. Tushnet and published by . This book was released on 2003 with total page 444 pages. Available in PDF, EPUB and Kindle. Book excerpt: Tying together legal, historical, social, political and literary strands to show how the law itself was implicated in the persistence of slavery, this work sheds new light on slavery and Southern history, as it probes the conscience of a troubled jurist incapable of fully transcending his times.
Download or read book Slave Law and the Politics of Resistance in the Early Atlantic World written by Edward B. Rugemer and published by Harvard University Press. This book was released on 2018-11-12 with total page 401 pages. Available in PDF, EPUB and Kindle. Book excerpt: Edward Rugemer’s comparative history, spanning 200 years, reveals the political dynamic between slaves’ resistance and slaveholders’ power in two prosperous slave economies: Jamaica and South Carolina. 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.
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 on Trial written by Jeannine Marie DeLombard and published by Univ of North Carolina Press. This book was released on 2009-06-01 with total page 345 pages. Available in PDF, EPUB and Kindle. Book excerpt: America's legal consciousness was high during the era that saw the imprisonment of abolitionist editor William Lloyd Garrison, the execution of slave revolutionary Nat Turner, and the hangings of John Brown and his Harpers Ferry co-conspirators. Jeannine Marie DeLombard examines how debates over slavery in the three decades before the Civil War employed legal language to "try" the case for slavery in the court of public opinion via popular print media. Discussing autobiographies by Frederick Douglass, a scandal narrative about Sojourner Truth, an abolitionist speech by Henry David Thoreau, sentimental fiction by Harriet Beecher Stowe, and a proslavery novel by William MacCreary Burwell, DeLombard argues that American literature of the era cannot be fully understood without an appreciation for the slavery debate in the courts and in print. Combining legal, literary, and book history approaches, Slavery on Trial provides a refreshing alternative to the official perspectives offered by the nation's founding documents, legal treatises, statutes, and judicial decisions. DeLombard invites us to view the intersection of slavery and law as so many antebellum Americans did--through the lens of popular print culture.
Download or read book Tyrannicide written by Emily Blanck and published by University of Georgia Press. This book was released on 2014 with total page 236 pages. Available in PDF, EPUB and Kindle. Book excerpt: Tyrannicide uses a captivating story of the escape of thirty-four slaves from a British privateer to unpack the experiences of slavery and slave law in South Carolina and Massachusetts during the Revolutionary Era, highlighting differences and foreshadowing the Civil War.
Download or read book The Roman Law of Slavery written by William Warwick Buckland and published by Cambridge University Press. This book was released on 2010-06-24 with total page 758 pages. Available in PDF, EPUB and Kindle. Book excerpt: Buckland's magisterial work of 1908 surveys in detail the principles of the Roman law regarding slavery.
