The Legal Understanding of Slavery PDF Download
Are you looking for read ebook online? Search for your book and save it on your Kindle device, PC, phones or tablets. Download The Legal Understanding of Slavery PDF full book. Access full book title The Legal Understanding of Slavery by Jean Allain. Download full books in PDF and EPUB format.
Author: Jean Allain
Publisher: OUP Oxford
ISBN: 0191645354
Category : Law
Languages : en
Pages : 416
Get Book Here
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.
Author: Jean Allain
Publisher: OUP Oxford
ISBN: 0191645354
Category : Law
Languages : en
Pages : 416
Get Book Here
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.
Author: Thomas D. Morris
Publisher: Univ of North Carolina Press
ISBN: 0807864307
Category : Law
Languages : en
Pages : 588
Get Book Here
Book Description
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.
Author: Michelle A. McKinley
Publisher: Cambridge University Press
ISBN: 9781316620106
Category : History
Languages : en
Pages : 0
Get Book Here
Book Description
Fractional Freedoms explores how thousands of slaves in colonial Peru were able to secure their freedom, keep their families intact, negotiate lower self-purchase prices, and arrange transfers of ownership by filing legal claims. Through extensive archival research, Michelle A. McKinley excavates the experiences of enslaved women whose historical footprint is barely visible in the official record. She complicates the way we think about life under slavery and demonstrates the degree to which slaves were able to exercise their own agency, despite being ensnared by the Atlantic slave trade. Enslaved women are situated as legal actors who had overlapping identities as wives, mothers, mistresses, wet-nurses and day-wage domestics, and these experiences within the urban working environment are shown to condition their identities as slaves. Although the outcomes of their lawsuits varied, Fractional Freedoms demonstrates how enslaved women used channels of affection and intimacy to press for liberty and prevent the generational transmission of enslavement to their children.
Author: Thomas Read Rootes Cobb
Publisher:
ISBN:
Category : Slavery
Languages : en
Pages : 612
Get Book Here
Book Description
Author: Douglas A. Blackmon
Publisher: Icon Books
ISBN: 1848314132
Category : Social Science
Languages : en
Pages : 429
Get Book Here
Book Description
A Pulitzer Prize-winning history of the mistreatment of black Americans. In this 'precise and eloquent work' - as described in its Pulitzer Prize citation - Douglas A. Blackmon brings to light one of the most shameful chapters in American history - an 'Age of Neoslavery' that thrived in the aftermath of the Civil War through the dawn of World War II. Using a vast record of original documents and personal narratives, Blackmon unearths the lost stories of slaves and their descendants who journeyed into freedom after the Emancipation Proclamation and then back into the shadow of involuntary servitude thereafter. By turns moving, sobering and shocking, this unprecedented account reveals these stories, the companies that profited the most from neoslavery, and the insidious legacy of racism that reverberates today.
Author: Jenny S. Martinez
Publisher: OUP USA
ISBN: 0195391624
Category : History
Languages : en
Pages : 264
Get Book Here
Book Description
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.
Author: Jeannine Marie DeLombard
Publisher: Univ of North Carolina Press
ISBN: 0807887730
Category : History
Languages : en
Pages : 345
Get Book Here
Book Description
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. Jeannine Marie DeLombard examines how debates over slavery in the three decades before the Civil War employed legal language to "try" the case for slavery in the court of public opinion via popular print media. Discussing autobiographies by Frederick Douglass, a scandal narrative about Sojourner Truth, an abolitionist speech by Henry David Thoreau, sentimental fiction by Harriet Beecher Stowe, and a proslavery novel by William MacCreary Burwell, DeLombard argues that American literature of the era cannot be fully understood without an appreciation for the slavery debate in the courts and in print. Combining legal, literary, and book history approaches, Slavery on Trial provides a refreshing alternative to the official perspectives offered by the nation's founding documents, legal treatises, statutes, and judicial decisions. DeLombard invites us to view the intersection of slavery and law as so many antebellum Americans did--through the lens of popular print culture.
Author: Anne Twitty
Publisher: Cambridge University Press
ISBN: 1107112060
Category : Biography & Autobiography
Languages : en
Pages : 301
Get Book Here
Book Description
An analysis of slave and slaveholder understanding and manipulation of formal legal systems in the region known as the American Confluence during the antebellum era.
Author: Paul Finkelman
Publisher: Rowman & Littlefield
ISBN: 9780742521193
Category : History
Languages : en
Pages : 488
Get Book Here
Book Description
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.
Author: Rachel A. Feinstein
Publisher: Routledge
ISBN: 1351809180
Category : Social Science
Languages : en
Pages : 185
Get Book Here
Book Description
When Rape was Legal is the first book to solely focus on the widespread rape perpetrated against enslaved black women by white men in the United States. The routine practice of sexual violence against enslaved black women by white men, the motivations for this rape, and the legal context that enabled this violence are all explored and scrutinized. Enlightening analysis found that rape was not merely a result of sexual desire and opportunity, or simply a form of punishment and racial domination, but instead encompassed all of these dimensions as part of the identity of white masculinity. This provocative text highlights the significant role that white women played in enabling sexual violence against enslaved black women through a variety of responses and, at times, through their lack of response to the actions of the white men in their lives. Significantly, this book finds that sexual violence against enslaved black women was a widespread form of oppression used to perform white masculinity and reinforce an intersectional hierarchy. Additionally, white women played a vital role by enabling this sexual violence and perpetuating the subordination of themselves and those subordinate to them.
