A Legal History of Slavery in the United States PDF Download

Author: Robert B. Shaw
Publisher:
ISBN:
Category : History
Languages : en
Pages : 324

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Author: Thomas D. Morris
Publisher: Univ of North Carolina Press
ISBN: 0807864307
Category : Law
Languages : en
Pages : 588

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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: Thomas Read Rootes Cobb
Publisher:
ISBN:
Category : Slavery
Languages : en
Pages : 612

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Author: Willie Lee Nichols Rose
Publisher: University of Georgia Press
ISBN: 082032065X
Category : History
Languages : en
Pages : 558

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Documenting multiple aspects of slavery and its development in North America, this collection provides more than one hundred excerpts from personal accounts, songs, legal documents, diaries, letters, and other written sources. The book assembles a remarkable portrayal of the day-to-day connections between, and among, slaves and their owners across more than two centuries of subjugation and resistance, despair and hope. Beginning with a chronicle of the origins of slavery in the British colonies of North America, the collection traces the growth of the system to the antebellum period and includes accounts of slave revolts, auctions, slave travel and laws, and family life. Intimate as well as comprehensive, the documents reveal the individual views, goals, and lives of slaves and their masters, making this engaging work one of the most respected catalogs of firsthand information about slavery in North America.

Author: Paul Finkelman
Publisher: The Lawbook Exchange, Ltd.
ISBN: 188636348X
Category : Electronic books
Languages : en
Pages : 360

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Winner, Joseph A. Andrews Award from the American Association of Law Libraries, 1986. Provides a detailed discussion and analysis of the pamphlet materials on the law of slavery published in the United States and Great Britain.

Author: Don Edward Fehrenbacher
Publisher:
ISBN:
Category : History
Languages : en
Pages : 802

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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: Jenny S. Martinez
Publisher: OUP USA
ISBN: 0195391624
Category : History
Languages : en
Pages : 264

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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: Kermit L. Hall
Publisher: Articles-Garlan
ISBN:
Category : Law
Languages : en
Pages : 736

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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: Alan Watson
Publisher: University of Georgia Press
ISBN: 9780820311791
Category : Law
Languages : en
Pages : 212

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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.

Author: Jean Allain
Publisher: OUP Oxford
ISBN: 0191645354
Category : Law
Languages : en
Pages : 416

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"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.