Legal Slavery
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The Legal Understanding Of Slavery
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Author : Jean Allain
language : en
Publisher: OUP Oxford
Release Date : 2012-09-27
The Legal Understanding Of Slavery written by Jean Allain and has been published by OUP Oxford this book supported file pdf, txt, epub, kindle and other format this book has been release on 2012-09-27 with Law categories.
"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 Law And Slavery
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Author : Jean Allain
language : en
Publisher: BRILL
Release Date : 2015-05-19
The Law And Slavery written by Jean Allain and has been published by BRILL this book supported file pdf, txt, epub, kindle and other format this book has been release on 2015-05-19 with Law categories.
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.
Slavery The Law
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Author : Paul Finkelman
language : en
Publisher: Rowman & Littlefield
Release Date : 2002
Slavery The Law written by Paul Finkelman and has been published by Rowman & Littlefield this book supported file pdf, txt, epub, kindle and other format this book has been release on 2002 with History categories.
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.
Tracing British West Indian Slavery Laws
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Author : Justine K. Collins
language : en
Publisher: Routledge
Release Date : 2021-12-29
Tracing British West Indian Slavery Laws written by Justine K. Collins and has been published by Routledge this book supported file pdf, txt, epub, kindle and other format this book has been release on 2021-12-29 with History categories.
This book provides a legal historical insight into colonial laws on enslavement and the plantation system in the British West Indies. The volume is a work of comparative legal history of the English-speaking Caribbean which concentrates on how the laws of England served to catalyse the slavery laws and also legislation pertaining to post-emancipation societies. The book illustrates how these “borrowed” laws from England not only developed colonial slavery laws within the English-speaking Caribbean but also inspired the slavery codes of a number of North American plantation systems. The cusp of the work focuses on the interconnectivities among the English-speaking slave holding Atlantic and how persons, free and unfree, moved throughout the system and brought laws with them which greatly affected the various enslaved societies. The book will be essential reading for students and researchers interested in colonial slavery, Caribbean studies and Black and Atlantic history.
Unraveling Abolition
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Author : Edgardo Pérez Morales
language : en
Publisher: Cambridge University Press
Release Date : 2022-02-03
Unraveling Abolition written by Edgardo Pérez Morales and has been published by Cambridge University Press this book supported file pdf, txt, epub, kindle and other format this book has been release on 2022-02-03 with History categories.
A study of the legal origins of antislavery, and how Colombian slaves transformed ideas on slavery, freedom and political belonging.
Liberty Slavery And The Law In Early Modern Western Europe
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Author : Filip Batselé
language : en
Publisher: Springer Nature
Release Date : 2020-01-03
Liberty Slavery And The Law In Early Modern Western Europe written by Filip Batselé and has been published by Springer Nature this book supported file pdf, txt, epub, kindle and other format this book has been release on 2020-01-03 with Law categories.
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.
Southern Slavery And The Law 1619 1860
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Author : Thomas D. Morris
language : en
Publisher: Univ of North Carolina Press
Release Date : 2004-01-21
Southern Slavery And The Law 1619 1860 written by Thomas D. Morris and has been published by Univ of North Carolina Press this book supported file pdf, txt, epub, kindle and other format this book has been release on 2004-01-21 with Law categories.
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.
Fractional Freedoms
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Author : Michelle A. McKinley
language : en
Publisher: Cambridge University Press
Release Date : 2016-10-14
Fractional Freedoms written by Michelle A. McKinley and has been published by Cambridge University Press this book supported file pdf, txt, epub, kindle and other format this book has been release on 2016-10-14 with History categories.
Fractional Freedoms examines paths to liberty forged in the slaveowning household, and legal claims brought by slaves in colonial Lima.
Serfdom And Slavery
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Author : M. L. Bush
language : en
Publisher: Routledge
Release Date : 2014-01-09
Serfdom And Slavery written by M. L. Bush and has been published by Routledge this book supported file pdf, txt, epub, kindle and other format this book has been release on 2014-01-09 with History categories.
Serfdom and Slavery compares the two forms of legal servitude in cultures in Western civilization, in Europe and the New World from ancient times to the modern period. Within a tightly controlled framework of general contextual chapters followed by specific case studies, a distinguished team of scholars offers 17 specially written essays that illuminate the nature, development, impact and termination of serfdom and slavery in European society. While the case studies range form classical Greece to early modern Brandenburg, and from medieval England to nineteenth-century Russia, the volume as a whole is closely integrated. It makes an important contribution to a topic of increasing international interest.
Slave Law In The Americas
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Author : Alan Watson
language : en
Publisher: University of Georgia Press
Release Date : 1989-01-01
Slave Law In The Americas written by Alan Watson and has been published by University of Georgia Press this book supported file pdf, txt, epub, kindle and other format this book has been release on 1989-01-01 with Law categories.
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.