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The American Law Of Slavery 1810 1860
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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.
Book Synopsis The American Law of Slavery 1810-1860 by : Mark V. Tushnet
Download or read book The American Law of Slavery 1810-1860 written by Mark V. Tushnet and published by . This book was released on 1981 with total page 262 pages. Available in PDF, EPUB and Kindle. Book excerpt:
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.
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.
Book Synopsis The rights of man in America by : Theodore Parker
Download or read book The rights of man in America written by Theodore Parker and published by . This book was released on 1911 with total page 544 pages. Available in PDF, EPUB and Kindle. Book excerpt:
Book Synopsis The Rights of Man in America by : Theodore Parker
Download or read book The Rights of Man in America written by Theodore Parker and published by Negro Universities Press. This book was released on 1969 with total page 540 pages. Available in PDF, EPUB and Kindle. Book excerpt:
Book Synopsis The Law of American Slavery by : Kermit L. Hall
Download or read book The Law of American Slavery written by Kermit L. Hall and published by Articles-Garlan. This book was released on 1987 with total page 736 pages. Available in PDF, EPUB and Kindle. Book excerpt: This work is a collection of articles on the operation of the law or slavery in the American South before the Civil War. The reliance of the law to define the condition of the slave under the American slavery system is analyzed in these articles.
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.
Author :Stanley W. Campbell Publisher :Chapel Hill : University of North Carolina Press ISBN 13 : Total Pages :254 pages Book Rating :4.3/5 (91 download)
Book Synopsis The Slave Catchers by : Stanley W. Campbell
Download or read book The Slave Catchers written by Stanley W. Campbell and published by Chapel Hill : University of North Carolina Press. This book was released on 1970 with total page 254 pages. Available in PDF, EPUB and Kindle. Book excerpt: In this thoroughly researched documentation of a historically controversial issue, the author considers the background, passage, and constitutionality of the Fugitive Slave Law. The author's relation of public opinion and the executive policy regarding the much disputed law will help the reader reach a decision as to whether the law was actually a success or failure, legally and socially. Originally published in 1970. A UNC Press Enduring Edition -- UNC Press Enduring Editions use the latest in digital technology to make available again books from our distinguished backlist that were previously out of print. These editions are published unaltered from the original, and are presented in affordable paperback formats, bringing readers both historical and cultural value.
Book Synopsis Taking the Constitution Away from the Courts by : Mark Tushnet
Download or read book Taking the Constitution Away from the Courts written by Mark Tushnet and published by Princeton University Press. This book was released on 2000-07-24 with total page 255 pages. Available in PDF, EPUB and Kindle. Book excerpt: Here a leading scholar in constitutional law, Mark Tushnet, challenges hallowed American traditions of judicial review and judicial supremacy, which allow U.S. judges to invalidate "unconstitutional" governmental actions. Many people, particularly liberals, have "warm and fuzzy" feelings about judicial review. They are nervous about what might happen to unprotected constitutional provisions in the chaotic worlds of practical politics and everyday life. By examining a wide range of situations involving constitutional rights, Tushnet vigorously encourages us all to take responsibility for protecting our liberties. Guarding them is not the preserve of judges, he maintains, but a commitment of the citizenry to define itself as "We the People of the United States." The Constitution belongs to us collectively, as we act in political dialogue with each other--whether in the street, in the voting booth, or in the legislature as representatives of others. Tushnet urges that we create a "populist" constitutional law in which judicial declarations deserve no special consideration. But he warns that in so doing we must pursue reasonable interpretations of the "thin Constitution"--the fundamental American principles embodied in the Declaration of Independence and the Preamble to the Constitution. A populist Constitution, he maintains, will be more effective than a document exclusively protected by the courts. Tushnet believes, for example, that the serious problems of the communist scare of the 1950s were aggravated when Senator Joseph McCarthy's opponents were lulled into inaction, believing that the judicial branch would step in and declare McCarthy's actions unconstitutional. Instead of fulfilling the expectations, the Court allowed McCarthy to continue his crusade until it was ended. Tushnet points out that in this context and in many others, errors occurred because of the existence of judicial review: neither the People nor their representatives felt empowered to enforce the Constitution because they mistakenly counted on the courts to do so. Tushnet's clarion call for a new kind of constitutional law will be essential reading for constitutional law experts, political scientists, and others interested in how and if the freedoms of the American Republic can survive into the twenty-first century.
Book Synopsis Weak Courts, Strong Rights by : Mark Tushnet
Download or read book Weak Courts, Strong Rights written by Mark Tushnet and published by Princeton University Press. This book was released on 2009-07-20 with total page 288 pages. Available in PDF, EPUB and Kindle. Book excerpt: Unlike many other countries, the United States has few constitutional guarantees of social welfare rights such as income, housing, or healthcare. In part this is because many Americans believe that the courts cannot possibly enforce such guarantees. However, recent innovations in constitutional design in other countries suggest that such rights can be judicially enforced--not by increasing the power of the courts but by decreasing it. In Weak Courts, Strong Rights, Mark Tushnet uses a comparative legal perspective to show how creating weaker forms of judicial review may actually allow for stronger social welfare rights under American constitutional law. Under "strong-form" judicial review, as in the United States, judicial interpretations of the constitution are binding on other branches of government. In contrast, "weak-form" review allows the legislature and executive to reject constitutional rulings by the judiciary--as long as they do so publicly. Tushnet describes how weak-form review works in Great Britain and Canada and discusses the extent to which legislatures can be expected to enforce constitutional norms on their own. With that background, he turns to social welfare rights, explaining the connection between the "state action" or "horizontal effect" doctrine and the enforcement of social welfare rights. Tushnet then draws together the analysis of weak-form review and that of social welfare rights, explaining how weak-form review could be used to enforce those rights. He demonstrates that there is a clear judicial path--not an insurmountable judicial hurdle--to better enforcement of constitutional social welfare rights.
Book Synopsis The Business of Slavery and the Rise of American Capitalism, 1815-1860 by : Jack Lawrence Schermerhorn
Download or read book The Business of Slavery and the Rise of American Capitalism, 1815-1860 written by Jack Lawrence Schermerhorn and published by Yale University Press. This book was released on 2015-01-01 with total page 351 pages. Available in PDF, EPUB and Kindle. Book excerpt: "Focuses on networks of people, information, conveyances, and other resources and technologies that moved slave-based products from suppliers to buyers and users." (page 3) The book examines the credit and financial systems that grew up around trade in slaves and products made by slaves.
Book Synopsis Disowning Slavery by : Joanne Pope Melish
Download or read book Disowning Slavery written by Joanne Pope Melish and published by Cornell University Press. This book was released on 2016-01-21 with total page 324 pages. Available in PDF, EPUB and Kindle. Book excerpt: Following the abolition of slavery in New England, white citizens seemed to forget that it had ever existed there. Drawing on a wide array of primary sources—from slaveowners' diaries to children's daybooks to racist broadsides—Joanne Pope Melish reveals not only how northern society changed but how its perceptions changed as well. Melish explores the origins of racial thinking and practices to show how ill-prepared the region was to accept a population of free people of color in its midst. Because emancipation was gradual, whites transferred prejudices shaped by slavery to their relations with free people of color, and their attitudes were buttressed by abolitionist rhetoric which seemed to promise riddance of slaves as much as slavery. She tells how whites came to blame the impoverished condition of people of color on their innate inferiority, how racialization became an important component of New England ante-bellum nationalism, and how former slaves actively participated in this discourse by emphasizing their African identity. Placing race at the center of New England history, Melish contends that slavery was important not only as a labor system but also as an institutionalized set of relations. The collective amnesia about local slavery's existence became a significant component of New England regional identity.
Book Synopsis The New Constitutional Order by : Mark Tushnet
Download or read book The New Constitutional Order written by Mark Tushnet and published by Princeton University Press. This book was released on 2009-02-09 with total page 277 pages. Available in PDF, EPUB and Kindle. Book excerpt: In his 1996 State of the Union Address, President Bill Clinton announced that the "age of big government is over." Some Republicans accused him of cynically appropriating their themes, while many Democrats thought he was betraying the principles of the New Deal and the Great Society. Mark Tushnet argues that Clinton was stating an observed fact: the emergence of a new constitutional order in which the aspiration to achieve justice directly through law has been substantially chastened. Tushnet argues that the constitutional arrangements that prevailed in the United States from the 1930s to the 1990s have ended. We are now in a new constitutional order--one characterized by divided government, ideologically organized parties, and subdued constitutional ambition. Contrary to arguments that describe a threatened return to a pre-New Deal constitutional order, however, this book presents evidence that our current regime's animating principle is not the old belief that government cannot solve any problems but rather that government cannot solve any more problems. Tushnet examines the institutional arrangements that support the new constitutional order as well as Supreme Court decisions that reflect it. He also considers recent developments in constitutional scholarship, focusing on the idea of minimalism as appropriate to a regime with chastened ambitions. Tushnet discusses what we know so far about the impact of globalization on domestic constitutional law, particularly in the areas of international human rights and federalism. He concludes with predictions about the type of regulation we can expect from the new order. This is a major new analysis of the constitutional arrangements in the United States. Though it will not be received without controversy, it offers real explanatory and predictive power and provides important insights to both legal theorists and political scientists.
Book Synopsis Slavery and Antislavery in Spain's Atlantic Empire by : Josep M. Fradera
Download or read book Slavery and Antislavery in Spain's Atlantic Empire written by Josep M. Fradera and published by Berghahn Books. This book was released on 2013-06-30 with total page 340 pages. Available in PDF, EPUB and Kindle. Book excerpt: African slavery was pervasive in Spain's Atlantic empire yet remained in the margins of the imperial economy until the end of the eighteenth century when the plantation revolution in the Caribbean colonies put the slave traffic and the plantation at the center of colonial exploitation and conflict. The international group of scholars brought together in this volume explain Spain's role as a colonial pioneer in the Atlantic world and its latecomer status as a slave-trading, plantation-based empire. These contributors map the broad contours and transformations of slave-trafficking, the plantation, and antislavery in the Hispanic Atlantic while also delving into specific topics that include: the institutional and economic foundations of colonial slavery; the law and religion; the influences of the Haitian Revolution and British abolitionism; antislavery and proslavery movements in Spain; race and citizenship; and the business of the illegal slave trade.
Book Synopsis Sociology for the South by : George Fitzhugh
Download or read book Sociology for the South written by George Fitzhugh and published by Richmond, Virginia : [s.n.]. This book was released on 1854 with total page 332 pages. Available in PDF, EPUB and Kindle. Book excerpt: Sociology for the South: Or, The Failure of Free Society by George Fitzhugh, first published in 1854, is a rare manuscript, the original residing in one of the great libraries of the world. This book is a reproduction of that original, which has been scanned and cleaned by state-of-the-art publishing tools for better readability and enhanced appreciation. Restoration Editors' mission is to bring long out of print manuscripts back to life. Some smudges, annotations or unclear text may still exist, due to permanent damage to the original work. We believe the literary significance of the text justifies offering this reproduction, allowing a new generation to appreciate it.
Download or read book Captain Canot written by Brantz Mayer and published by Applewood Books. This book was released on 2008-10 with total page 498 pages. Available in PDF, EPUB and Kindle. Book excerpt: Unlike some other reproductions of classic texts (1) We have not used OCR(Optical Character Recognition), as this leads to bad quality books with introduced typos. (2) In books where there are images such as portraits, maps, sketches etc We have endeavoured to keep the quality of these images, so they represent accurately the original artefact. Although occasionally there may be certain imperfections with these old texts, we feel they deserve to be made available for future generations to enjoy.
