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Southern Slavery and the Law, 1619-1860

Author : Thomas D. Morris
Publisher : Univ of North Carolina Press
ISBN 13 : 0807864307
Total Pages : 588 pages
Book Rating : 4.8/5 (78 download)

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Book Synopsis Southern Slavery and the Law, 1619-1860 by : Thomas D. Morris

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.

Slave Law in the Americas

Author : Alan Watson
Publisher : University of Georgia Press
ISBN 13 : 9780820311791
Total Pages : 212 pages
Book Rating : 4.3/5 (117 download)

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Book Synopsis Slave Law in the Americas by : Alan Watson

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.

Slavery & the Law

Author : Paul Finkelman
Publisher : Rowman & Littlefield
ISBN 13 : 9780742521193
Total Pages : 488 pages
Book Rating : 4.5/5 (211 download)

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Book Synopsis Slavery & the Law by : Paul Finkelman

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.

Slave Law in the American South

Author : Mark V. Tushnet
Publisher :
ISBN 13 :
Total Pages : 444 pages
Book Rating : 4.F/5 ( download)

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Book Synopsis Slave Law in the American South by : Mark V. Tushnet

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.

An Inquiry Into the Law of Negro Slavery in the United States of America

Author : Thomas Read Rootes Cobb
Publisher :
ISBN 13 :
Total Pages : 612 pages
Book Rating : 4.A/5 ( download)

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Book Synopsis An Inquiry Into the Law of Negro Slavery in the United States of America by : Thomas Read Rootes Cobb

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:

The American Law of Slavery, 1810-1860

Author : Mark Tushnet
Publisher : Princeton University Press
ISBN 13 : 0691198152
Total Pages : 272 pages
Book Rating : 4.6/5 (911 download)

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Book Synopsis The American Law of Slavery, 1810-1860 by : Mark Tushnet

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.

The Slave Trade and the Origins of International Human Rights Law

Author : Jenny S. Martinez
Publisher : OUP USA
ISBN 13 : 0195391624
Total Pages : 264 pages
Book Rating : 4.1/5 (953 download)

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Book Synopsis The Slave Trade and the Origins of International Human Rights Law by : Jenny S. Martinez

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.

The Dred Scott Case

Author : Don Edward Fehrenbacher
Publisher :
ISBN 13 :
Total Pages : 802 pages
Book Rating : 4.F/5 ( download)

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Book Synopsis The Dred Scott Case by : Don Edward Fehrenbacher

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.

The Legal Understanding of Slavery

Author : Jean Allain
Publisher : OUP Oxford
ISBN 13 : 0191645354
Total Pages : 416 pages
Book Rating : 4.1/5 (916 download)

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Book Synopsis The Legal Understanding of Slavery by : Jean Allain

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.

The Roman Law of Slavery

Author : William Warwick Buckland
Publisher :
ISBN 13 :
Total Pages : 758 pages
Book Rating : 4.:/5 (321 download)

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Book Synopsis The Roman Law of Slavery by : William Warwick Buckland

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:

Slave Laws in Virginia

Author : Philip J. Schwarz
Publisher : University of Georgia Press
ISBN 13 : 0820335169
Total Pages : 274 pages
Book Rating : 4.8/5 (23 download)

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Book Synopsis Slave Laws in Virginia by : Philip J. Schwarz

Download or read book Slave Laws in Virginia written by Philip J. Schwarz and published by University of Georgia Press. This book was released on 2010-05-01 with total page 274 pages. Available in PDF, EPUB and Kindle. Book excerpt: 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.

Slavery on Trial

Author : Jeannine Marie DeLombard
Publisher : Univ of North Carolina Press
ISBN 13 : 0807830860
Total Pages : 346 pages
Book Rating : 4.8/5 (78 download)

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Book Synopsis Slavery on Trial by : Jeannine Marie DeLombard

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 2007 with total page 346 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.

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

Author : Edward B. Rugemer
Publisher : Harvard University Press
ISBN 13 : 0674982991
Total Pages : 401 pages
Book Rating : 4.6/5 (749 download)

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Book Synopsis Slave Law and the Politics of Resistance in the Early Atlantic World by : Edward B. Rugemer

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.

The American Slave Code in Theory and Practice

Author : William Goodell
Publisher :
ISBN 13 :
Total Pages : 448 pages
Book Rating : 4.R/5 ( download)

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Book Synopsis The American Slave Code in Theory and Practice by : William Goodell

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:

The Law and Slavery

Author : Jean Allain
Publisher : BRILL
ISBN 13 : 900427989X
Total Pages : 655 pages
Book Rating : 4.0/5 (42 download)

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Book Synopsis The Law and Slavery by : Jean Allain

Download or read book The Law and Slavery written by Jean Allain and published by BRILL. This book was released on 2015-05-13 with total page 655 pages. Available in PDF, EPUB and Kindle. Book excerpt: 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.

Liberty, Slavery and the Law in Early Modern Western Europe

Author : Filip Batselé
Publisher : Springer Nature
ISBN 13 : 3030368556
Total Pages : 232 pages
Book Rating : 4.0/5 (33 download)

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Book Synopsis Liberty, Slavery and the Law in Early Modern Western Europe by : Filip Batselé

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.

A Slaveholders' Union

Author : George William Van Cleve
Publisher : University of Chicago Press
ISBN 13 : 0226846695
Total Pages : 403 pages
Book Rating : 4.2/5 (268 download)

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Book Synopsis A Slaveholders' Union by : George William Van Cleve

Download or read book A Slaveholders' Union written by George William Van Cleve and published by University of Chicago Press. This book was released on 2010-10-15 with total page 403 pages. Available in PDF, EPUB and Kindle. Book excerpt: After its early introduction into the English colonies in North America, slavery in the United States lasted as a legal institution until the passage of the Thirteenth Amendment to the Constitution in 1865. But increasingly during the contested politics of the early republic, abolitionists cried out that the Constitution itself was a slaveowners’ document, produced to protect and further their rights. A Slaveholders’ Union furthers this unsettling claim by demonstrating once and for all that slavery was indeed an essential part of the foundation of the nascent republic. In this powerful book, George William Van Cleve demonstrates that the Constitution was pro-slavery in its politics, its economics, and its law. He convincingly shows that the Constitutional provisions protecting slavery were much more than mere “political” compromises—they were integral to the principles of the new nation. By the late 1780s, a majority of Americans wanted to create a strong federal republic that would be capable of expanding into a continental empire. In order for America to become an empire on such a scale, Van Cleve argues, the Southern states had to be willing partners in the endeavor, and the cost of their allegiance was the deliberate long-term protection of slavery by America’s leaders through the nation’s early expansion. Reconsidering the role played by the gradual abolition of slavery in the North, Van Cleve also shows that abolition there was much less progressive in its origins—and had much less influence on slavery’s expansion—than previously thought. Deftly interweaving historical and political analyses, A Slaveholders’ Union will likely become the definitive explanation of slavery’s persistence and growth—and of its influence on American constitutional development—from the Revolutionary War through the Missouri Compromise of 1821.