Slave Law In The Americas
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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.
Slave Law In The American South
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Author : Mark V. Tushnet
language : en
Publisher:
Release Date : 2003
Slave Law In The American South written by Mark V. Tushnet and has been published by this book supported file pdf, txt, epub, kindle and other format this book has been release on 2003 with Law categories.
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.
The Law Of American Slavery
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Author : Kermit L. Hall
language : en
Publisher: Articles-Garlan
Release Date : 1987
The Law Of American Slavery written by Kermit L. Hall and has been published by Articles-Garlan this book supported file pdf, txt, epub, kindle and other format this book has been release on 1987 with Law categories.
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.
Stroud S Slave Laws
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Author : George McDowell Stroud
language : en
Publisher: Black Classic Press
Release Date : 2005-04
Stroud S Slave Laws written by George McDowell Stroud and has been published by Black Classic Press this book supported file pdf, txt, epub, kindle and other format this book has been release on 2005-04 with History categories.
Stroud's Slave Laws had extensive influence upon national legal thinking on the issue of slavery. In a blanket survey of slave codes of the period, he analyzed the statutes of twelve slaveholding states. Stroud's book exposed to the world, through its publications in 1827 and 1856, the diabolical nature of legal enactments throughout the South that debased both African people and those who held them in bondage.
A Sketch Of The Laws Relating To Slavery In The Several States Of The United States Of America
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Author : George McDowell Stroud
language : en
Publisher:
Release Date : 1827
A Sketch Of The Laws Relating To Slavery In The Several States Of The United States Of America written by George McDowell Stroud and has been published by this book supported file pdf, txt, epub, kindle and other format this book has been release on 1827 with Slavery categories.
The American Law Of Slavery 1810 1860
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Author : Mark Tushnet
language : en
Publisher: Princeton University Press
Release Date : 2019-02-19
The American Law Of Slavery 1810 1860 written by Mark Tushnet and has been published by Princeton University Press this book supported file pdf, txt, epub, kindle and other format this book has been release on 2019-02-19 with History categories.
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 American Slave Code In Theory And Practice Its Distinctive Features Shewn By Its Statutes Judicial Decisions Illustrative Facts
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Author : William GOODELL (Reformer.)
language : en
Publisher:
Release Date : 1853
The American Slave Code In Theory And Practice Its Distinctive Features Shewn By Its Statutes Judicial Decisions Illustrative Facts written by William GOODELL (Reformer.) and has been published by this book supported file pdf, txt, epub, kindle and other format this book has been release on 1853 with categories.
An Inquiry Into The Law Of Negro Slavery In The United States Of America
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Author : Thomas Read Rootes Cobb
language : en
Publisher: University of Georgia Press
Release Date : 1999
An Inquiry Into The Law Of Negro Slavery In The United States Of America written by Thomas Read Rootes Cobb 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 1999 with Law categories.
First published in 1858 and unavailable since the 1970s, An Inquiry into the Law of Negro Slavery in the United States of America was the first and only treatise published by a southern author on slavery law. Thomas R. R. Cobb, often referred to as “the James Madison of the Confederacy,” was an ardent secessionist and a prominent lawyer in antebellum Georgia. The work, based on extensive scholarship on the Roman law of slavery and racist to the core, fully explicates the southern defense of slavery. An important practical manual for legal practitioners and judges at the time of its publication and an essential tool for scholars and students of slavery and legal history ever since, the work is also the most significant summary of proslavery legal theory.
The American Slave Code In Theory And Practice
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Author : William Goodell
language : en
Publisher:
Release Date : 1853
The American Slave Code In Theory And Practice written by William Goodell and has been published by this book supported file pdf, txt, epub, kindle and other format this book has been release on 1853 with Enslaved persons categories.
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.