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Author: Kermit L. Hall
Publisher: Articles-Garlan
ISBN:
Category : Law
Languages : en
Pages : 736
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Book Description
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.
Author: Kermit L. Hall
Publisher: Articles-Garlan
ISBN:
Category : Law
Languages : en
Pages : 736
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Book Description
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.
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.
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.
Author: Thomas Read Rootes Cobb
Publisher:
ISBN:
Category : Slavery
Languages : en
Pages : 612
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Book Description
Author: Don Edward Fehrenbacher
Publisher:
ISBN:
Category : History
Languages : en
Pages : 802
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Book Description
Winner of the Pulitzer Prize in 1979, The Dred Scott Case is a masterful examination of the most famous example of judicial failure--the case referred to as "the most frequently overturned decision in history."On March 6, 1857, Chief Justice Roger B. Taney delivered the Supreme Court's decision against Dred Scott, a slave who maintained he had been emancipated as a result of having lived with his master in the free state of Illinois and in federal territory where slavery was forbidden by the Missouri Compromise. The decision did much more than resolve the fate of an elderly black man and his family: Dred Scott v. Sanford was the first instance in which the Supreme Court invalidated a major piece of federal legislation. The decision declared that Congress had no power to prohibit slavery in the federal territories, thereby striking a severe blow at the the legitimacy of the emerging Republican party and intensifying the sectional conflict over slavery.This book represents a skillful review of the issues before America on the eve of the Civil War. The first third of the book deals directly with the with the case itself and the Court's decision, while the remainder puts the legal and judicial question of slavery into the broadest possible American context. Fehrenbacher discusses the legal bases of slavery, the debate over the Constitution, and the dispute over slavery and continental expansion. He also considers the immediate and long-range consequences of the decision.
Author: William Goodell
Publisher:
ISBN:
Category : Enslaved persons
Languages : en
Pages : 448
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Book Description
Author: Kenneth Morgan
Publisher: University of Georgia Press
ISBN: 9780820327921
Category : Social Science
Languages : en
Pages : 484
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Book Description
Designed specially for undergraduate course use, this new textbook is both an introduction to the study of American slavery and a reader of core texts on the subject. No other volume that combines both primary and secondary readings covers such a span of time--from the early seventeenth century to the Civil War. The book begins with a substantial introduction to the entire volume that gives an overview of slavery in North America. Each of the twelve chapters that follow has an introduction that discusses the leading secondary books and articles on the topic in question, followed by an essay and three primary documents. Questions for further study and discussion are included in the chapter introduction, while further readings are suggested in the chapter bibliography. Topics covered include slave culture, the slave-based economy, slavery and the law, slave resistance, pro-slavery ideology, abolition, and emancipation. The essays, by such eminent historians as Drew Gilpin Faust, Don E. Fehrenbacher, Eric Foner, John Hope Franklin, and Sylvia R. Frey, have been selected for their teaching value and ability to provoke discussion. Drawing on black and white, male and female experiences, the primary documents come from a wide variety of sources: diaries, letters, laws, debates, oral testimonies, travelers’ accounts, inventories, journals, autobiographies, petitions, and novels.
Author: William GOODELL (Reformer.)
Publisher:
ISBN:
Category :
Languages : en
Pages : 432
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Book Description
Author: William Goodell
Publisher:
ISBN:
Category : African Americans
Languages : en
Pages : 442
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Book Description
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.
