The Legal Understanding of Slavery

The Legal Understanding of Slavery PDF Author: Jean Allain
Publisher: OUP Oxford
ISBN: 0191645354
Category : Law
Languages : en
Pages : 416

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Book Description
"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 Legal Understanding of Slavery

The Legal Understanding of Slavery PDF Author: Jean Allain
Publisher: OUP Oxford
ISBN: 0191645354
Category : Law
Languages : en
Pages : 416

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Book Description
"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 War Before the War

The War Before the War PDF Author: Andrew Delbanco
Publisher: Penguin
ISBN: 0735224137
Category : History
Languages : en
Pages : 482

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Book Description
A New York Times Notable Book Selection Winner of the Mark Lynton History Prize Winner of the Anisfield-Wolf Book Award Winner of the Lionel Trilling Book Award A New York Times Critics' Best Book "Excellent... stunning."—Ta-Nehisi Coates This book tells the story of America’s original sin—slavery—through politics, law, literature, and above all, through the eyes of enslavedblack people who risked their lives to flee from bondage, thereby forcing the nation to confront the truth about itself. The struggle over slavery divided not only the American nation but also the hearts and minds of individual citizens faced with the timeless problem of when to submit to unjust laws and when to resist. The War Before the War illuminates what brought us to war with ourselves and the terrible legacies of slavery that are with us still.

The Captive's Quest for Freedom

The Captive's Quest for Freedom PDF Author: R. J. M. Blackett
Publisher: Cambridge University Press
ISBN: 1108418716
Category : History
Languages : en
Pages : 531

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Book Description
Examines the impact fugitive slaves had on the Fugitive Slave Law and the coming of the American Civil War.

Fugitive Slaves and American Courts

Fugitive Slaves and American Courts PDF Author: Paul Finkelman
Publisher: The Lawbook Exchange, Ltd.
ISBN: 1584777400
Category : Fugitive slaves
Languages : en
Pages : 2428

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Book Description
Reprinted from the series Slavery, Race and the American Legal System, 1700-1872, this set contains facsimiles of 56 rare pamphlets relating to court cases involving fugitive slaves. As in the companion set, Southern Slaves in Free State Courts, some pamphlets were part of the public debate over judicial decisions. Others used cases to promote the antislavery cause or, in some instances, support or justify slavery. "These...volumes belong in every library used for research, and in particular at all law school libraries. They will prove valuable to historians, lawyers, law teachers and students, and all persons interested in the problems of slavery and race in American experience.": William M. Wiecek, American Journal of Legal History 33 (1989) 187.

Runaway Slaves

Runaway Slaves PDF Author: John Hope Franklin
Publisher: OUP USA
ISBN: 9780195084511
Category : History
Languages : en
Pages : 480

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Book Description
This bold and precedent-setting study details numerous slave rebellions against white masters, drawn from planters' records, government petitions, newspapers, and other documents. The reactions of white slave owners are also documented. 15 halftones.

Fugitive Slave on Trial

Fugitive Slave on Trial PDF Author: Earl M. Maltz
Publisher:
ISBN:
Category : History
Languages : en
Pages : 192

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Book Description
Chronicles the case of a runaway slave who was tracked to Boston by his owner. Compellingly details the struggle over his fate and how that became a focal point for national controversy. Reveals how the case became one of the most dramatic and widely publicized events in the long-running conflict over the issue of fugitive slaves.

Life of Mr. Fillmore

Life of Mr. Fillmore PDF Author: Millard Fillmore
Publisher:
ISBN:
Category :
Languages : en
Pages : 40

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Book Description


Justice Accused

Justice Accused PDF Author: Robert M. Cover
Publisher: Yale University Press
ISBN: 9780300032529
Category : Law
Languages : en
Pages : 340

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Book Description
What should a judge do when he must hand down a ruling based on a law that he considers unjust or oppressive? This question is examined through a series of problems concerning unjust law that arose with respect to slavery in nineteenth-century America. "Cover's book is splendid in many ways. His legal history and legal philosophy are both first class. . . . This is, for a change, an interdisciplinary work that is a credit to both disciplines."--Ronald Dworkin, Times Literary Supplement "Scholars should be grateful to Cover for his often brilliant illumination of tensions created in judges by changing eighteenth- and nineteenth-century jurisprudential attitudes and legal standards. . . An exciting adventure in interdisciplinary history."--Harold M. Hyman, American Historical Review "A most articulate, sophisticated, and learned defense of legal formalism. . . Deserves and needs to be widely read."--Don Roper, Journal of American History "An excellent illustration of the way in which a burning moral issue relates to the American judicial process. The book thus has both historical value and a very immediate importance."--Edwards A. Stettner, Annals of the American Academy of Political and Social Science "A really fine book, an important contribution to law and to history."--Louis H. Pollak

The Fugitive Slave Law and It's Victims (Illustrated)

The Fugitive Slave Law and It's Victims (Illustrated) PDF Author: American Anti-Slavery Society
Publisher: BookRix
ISBN: 3730989669
Category : Political Science
Languages : en
Pages : 125

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Book Description
The Fugitive Slave Law was enacted by Congress in September, 1850, received the signature of HOWELL COBB, [of Georgia,] as Speaker of the House of Representatives, of WILLIAM R. KING, [of Alabama,] as President of the Senate, and was "approved," September 18th, of that year, by MILLARD FILLMORE, Acting President of the United States. The authorship of the Bill is generally ascribed to James M. Mason, Senator from Virginia. Before proceeding to the principal object of this tract, it is proper to give a synopsis of the Act itself, which was well called, by the New York Evening Post, "An Act for the Encouragement of Kidnapping." It is in ten sections.

Gateway to Freedom: The Hidden History of the Underground Railroad

Gateway to Freedom: The Hidden History of the Underground Railroad PDF Author: Eric Foner
Publisher: W. W. Norton & Company
ISBN: 0393244385
Category : History
Languages : en
Pages : 320

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Book Description
The dramatic story of fugitive slaves and the antislavery activists who defied the law to help them reach freedom. More than any other scholar, Eric Foner has influenced our understanding of America's history. Now, making brilliant use of extraordinary evidence, the Pulitzer Prize–winning historian once again reconfigures the national saga of American slavery and freedom. A deeply entrenched institution, slavery lived on legally and commercially even in the northern states that had abolished it after the American Revolution. Slaves could be found in the streets of New York well after abolition, traveling with owners doing business with the city's major banks, merchants, and manufacturers. New York was also home to the North’s largest free black community, making it a magnet for fugitive slaves seeking refuge. Slave catchers and gangs of kidnappers roamed the city, seizing free blacks, often children, and sending them south to slavery. To protect fugitives and fight kidnappings, the city's free blacks worked with white abolitionists to organize the New York Vigilance Committee in 1835. In the 1840s vigilance committees proliferated throughout the North and began collaborating to dispatch fugitive slaves from the upper South, Washington, and Baltimore, through Philadelphia and New York, to Albany, Syracuse, and Canada. These networks of antislavery resistance, centered on New York City, became known as the underground railroad. Forced to operate in secrecy by hostile laws, courts, and politicians, the city’s underground-railroad agents helped more than 3,000 fugitive slaves reach freedom between 1830 and 1860. Until now, their stories have remained largely unknown, their significance little understood. Building on fresh evidence—including a detailed record of slave escapes secretly kept by Sydney Howard Gay, one of the key organizers in New York—Foner elevates the underground railroad from folklore to sweeping history. The story is inspiring—full of memorable characters making their first appearance on the historical stage—and significant—the controversy over fugitive slaves inflamed the sectional crisis of the 1850s. It eventually took a civil war to destroy American slavery, but here at last is the story of the courageous effort to fight slavery by "practical abolition," person by person, family by family.