English Common Law, African Enslavement and Human Rights

English Common Law, African Enslavement and Human Rights PDF Author: Colin Bobb-Semple
Publisher: Colin Bobb-Semple
ISBN: 147509129X
Category : Law
Languages : en
Pages : 59

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Book Description
This book is an expanded version of an essay by the author published in Texas Wesleyan Law Review "English Common Law, Slavery, and Human Rights" 13 Tex. Wesleyan L. Rev. 659 (2007), which was developed from a paper presented by the author at a conference in Gloucester, England in 2006 "Too Pure an Air: Law and the Quest for Freedom, Justice, and Equality"; it discusses villeinage in England and the regal age of African history, with particular reference to Kemet (Ancient Egypt), its influence on Greek and Roman law and consequently on European and English Law; the legal aspects of "human chattel" African enslavement as it applied to English plantations in the Americas, with examples from Guyana, South America; the way in which English Common Law dealt with the issue of African enslavement when faced with court applications by Africans who sought emancipation on English soil; the African holocaust e.g. the Zong maritime genocide and insurance claim; the development of human rights in England and on the plantations in Guyana, notably the 1763 Berbice Revolutionary War of Independence led by Kofi against the Dutch colonists, during which an African revolutionary government was formed, believed to be the first of its kind in the region, preceding the American Revolutionary War of Independence (1775-1783), The French Revolution (1789-1802) and the Haitian Revolutionary War of Independence (1791-1804); the Demerara Uprising in 1823, led by Jack Gladstone, son of Quamina, during which 13,000 enslaved Africans sought unconditional emancipation from the British, greatly influencing the abolition cause in England; the Essequibo protest led by Damon in 1834 against the apprenticeship system which was introduced by law in most of the British colonies on emancipation; and the incorporation of several Articles of the European Convention on Human Rights in the domestic law of the UK in 2000.

English Common Law, African Enslavement and Human Rights

English Common Law, African Enslavement and Human Rights PDF Author: Colin Bobb-Semple
Publisher: Colin Bobb-Semple
ISBN: 147509129X
Category : Law
Languages : en
Pages : 59

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Book Description
This book is an expanded version of an essay by the author published in Texas Wesleyan Law Review "English Common Law, Slavery, and Human Rights" 13 Tex. Wesleyan L. Rev. 659 (2007), which was developed from a paper presented by the author at a conference in Gloucester, England in 2006 "Too Pure an Air: Law and the Quest for Freedom, Justice, and Equality"; it discusses villeinage in England and the regal age of African history, with particular reference to Kemet (Ancient Egypt), its influence on Greek and Roman law and consequently on European and English Law; the legal aspects of "human chattel" African enslavement as it applied to English plantations in the Americas, with examples from Guyana, South America; the way in which English Common Law dealt with the issue of African enslavement when faced with court applications by Africans who sought emancipation on English soil; the African holocaust e.g. the Zong maritime genocide and insurance claim; the development of human rights in England and on the plantations in Guyana, notably the 1763 Berbice Revolutionary War of Independence led by Kofi against the Dutch colonists, during which an African revolutionary government was formed, believed to be the first of its kind in the region, preceding the American Revolutionary War of Independence (1775-1783), The French Revolution (1789-1802) and the Haitian Revolutionary War of Independence (1791-1804); the Demerara Uprising in 1823, led by Jack Gladstone, son of Quamina, during which 13,000 enslaved Africans sought unconditional emancipation from the British, greatly influencing the abolition cause in England; the Essequibo protest led by Damon in 1834 against the apprenticeship system which was introduced by law in most of the British colonies on emancipation; and the incorporation of several Articles of the European Convention on Human Rights in the domestic law of the UK in 2000.

The Legal Understanding of Slavery

The Legal Understanding of Slavery PDF Author: Jean Allain
Publisher: Oxford University Press on Demand
ISBN: 0199660468
Category : Law
Languages : en
Pages : 415

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Book Description
This book examines how slavery is understood in law. It shows how the legal definition of slavery has evolved and continues to be contentious. It traces the understanding of slavery from Roman law through the Middle Ages, the 18th and 19th centuries, up to the modern day manifestations, including forced labour and trafficking in persons.

Southern Slavery and the Law, 1619-1860

Southern Slavery and the Law, 1619-1860 PDF Author: Thomas D. Morris
Publisher: Univ of North Carolina Press
ISBN: 0807864307
Category : Law
Languages : en
Pages : 588

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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.

The American Law of Slavery, 1810-1860

The American Law of Slavery, 1810-1860 PDF Author: Mark Tushnet
Publisher: Princeton University Press
ISBN: 0691198152
Category : History
Languages : en
Pages : 272

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Book Description
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 Universal Declaration of Human Rights

The Universal Declaration of Human Rights PDF Author:
Publisher:
ISBN:
Category : Civil rights
Languages : en
Pages : 32

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Book Description


Black Lives in the English Archives, 1500-1677

Black Lives in the English Archives, 1500-1677 PDF Author: Imtiaz H. Habib
Publisher: Ashgate Publishing, Ltd.
ISBN: 9780754656951
Category : History
Languages : en
Pages : 440

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Book Description
Containing an urgently needed archival database of historical evidence, this volume includes both a consolidated presentation of the documentary records of black people in Tudor and Stuart England, and an interpretive narrative that confirms and significantly extends the insights of current theoretical excursus on race in early modern England. The systematic, chronological descriptive index combined with the interpretive scholarship provides a strong framework from which future historical debates on race in early modern England can proceed.

The African Court of Justice and Human and Peoples' Rights in Context

The African Court of Justice and Human and Peoples' Rights in Context PDF Author: Charles C. Jalloh
Publisher: Cambridge University Press
ISBN: 110842273X
Category : History
Languages : en
Pages : 1199

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Book Description
This volume analyses the prospects and challenges of the African Court of Justice and Human and Peoples' Rights in context. The book is for all readers interested in African institutions and contemporary global challenges of peace, security, human rights, and international law. This title is also available as Open Access on Cambridge Core.

The Slave Trade and the Origins of International Human Rights Law

The Slave Trade and the Origins of International Human Rights Law PDF Author: Jenny S. Martinez
Publisher: OUP USA
ISBN: 0195391624
Category : History
Languages : en
Pages : 264

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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.

Slave Nation

Slave Nation PDF Author: Alfred W Blumrosen
Publisher: Sourcebooks, Inc.
ISBN: 140222611X
Category : History
Languages : en
Pages : 356

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Book Description
A book all Americans should read, Slave Nation reveals the key role racism played in the American Revolutionary War, so we can see our past more clearly and build a better future. In 1772, the High Court in London freed a slave from Virginia named Somerset, setting a precedent that would end slavery in England. In America, racist fury over this momentous decision united the Northern and Southern colonies and convinced them to fight for independence. Meticulously researched and accessible, Slave Nation provides a little-known view of the birth of our nation and its earliest steps toward self-governance. Slave Nation is a fascinating account of the role slavery played in the American Revolution and in the framing of the Constitution, offering a fresh examination of the "fight for freedom" that embedded racism into our national identity, led to the Civil War, and reverberates through Black Lives Matter protests today. "A radical, well-informed, and highly original reinterpretation of the place of slavery in the American War of Independence."—David Brion Davis, Yale University

The Colonialism of Human Rights

The Colonialism of Human Rights PDF Author: Colin Samson
Publisher: John Wiley & Sons
ISBN: 1509529993
Category : Social Science
Languages : en
Pages : 256

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Book Description
Do so-called universal human rights apply to indigenous, formerly enslaved and colonized peoples? This trenchant book brings human rights into conversation with the histories and afterlives of Western colonialism and slavery. Colin Samson examines the paradox that the nations that credit themselves with formulating universal human rights were colonial powers, settler colonists and sponsors of enslavement. Samson points out that many liberal theorists supported colonialism and slavery, and how this illiberalism plays out today in selective, often racist processes of recognition and enforcement of human rights. To reveal the continuities between colonial histories and contemporary events, Samson connects British, French and American colonial theories and practice to the notion of non-universal human rights. Vivid illustrations and case studies of racial exceptions to human rights are drawn from the afterlives of the enslaved and colonized, as well as recent events such as American police killings of black people, the treatment of Algerian harkis in France, the Windrush scandal in Britain and the militarized suppression of the Standing Rock Water Protectors movement. Advocating for reparative justice and indigenizing law, Samson argues that such events are not a failure of liberalism so much as an inbuilt racial dynamic of it.