Author: Paul Finkelman Publisher: The Lawbook Exchange, Ltd. ISBN: 188636348X Category : Electronic books Languages : en Pages : 360
Book Description
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: Jeannine Marie DeLombard Publisher: Univ of North Carolina Press ISBN: 0807887730 Category : History Languages : en Pages : 345
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: Paul Finkelman Publisher: Harvard University Press ISBN: 0674982088 Category : Law Languages : en Pages : 301
Book Description
The three most important Supreme Court Justices before the Civil War—Chief Justices John Marshall and Roger B. Taney and Associate Justice Joseph Story—upheld the institution of slavery in ruling after ruling. These opinions cast a shadow over the Court and the legacies of these men, but historians have rarely delved deeply into the personal and political ideas and motivations they held. In Supreme Injustice, the distinguished legal historian Paul Finkelman establishes an authoritative account of each justice’s proslavery position, the reasoning behind his opposition to black freedom, and the incentives created by circumstances in his private life. Finkelman uses census data and other sources to reveal that Justice Marshall aggressively bought and sold slaves throughout his lifetime—a fact that biographers have ignored. Justice Story never owned slaves and condemned slavery while riding circuit, and yet on the high court he remained silent on slave trade cases and ruled against blacks who sued for freedom. Although Justice Taney freed many of his own slaves, he zealously and consistently opposed black freedom, arguing in Dred Scott that free blacks had no Constitutional rights and that slave owners could move slaves into the Western territories. Finkelman situates this infamous holding within a solid record of support for slavery and hostility to free blacks. Supreme Injustice boldly documents the entanglements that alienated three major justices from America’s founding ideals and embedded racism ever deeper in American civic life.
Author: Jenny S. Martinez Publisher: OUP USA ISBN: 0195391624 Category : History Languages : en Pages : 264
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: Mark V. Tushnet Publisher: ISBN: Category : Law Languages : en Pages : 444
Book Description
Tying together legal, historical, social, political and literary strands to show how the law itself was implicated in the persistence of slavery, this work sheds new light on slavery and Southern history, as it probes the conscience of a troubled jurist incapable of fully transcending his times.
Author: Ariela J. Gross Publisher: Princeton University Press ISBN: 1400823846 Category : History Languages : en Pages : 275
Book Description
In a groundbreaking study of the day-to-day law and culture of slavery, Ariela Gross investigates the local courtrooms of the Deep South where ordinary people settled their disputes over slaves. Buyers sued sellers for breach of warranty when they considered slaves to be physically or morally defective; owners sued supervisors who whipped or neglected slaves under their care. Double Character seeks to explain how communities dealt with an important dilemma raised by these trials: how could slaves who acted as moral agents be treated as commodities? Because these cases made the character of slaves a central legal question, slaves' moral agency intruded into the courtroom, often challenging the character of slaveholders who saw themselves as honorable masters. Gross looks at the stories about white and black character that witnesses and litigants put forth in court. She not only reveals the role of law in constructing "race" but also offers a portrait of the culture of slavery, one that addresses historical debates about law, honor, and commerce in the American South. Gross maintains that witnesses and litigants drew on narratives available in the culture at large to explain the nature and origins of slaves' character, such as why slaves became runaways. But the legal process also shaped their expressions of racial ideology by favoring certain explanations over others. Double Character brings to life the law as a dramatic ritual in people's daily lives, looking at trials from the perspective of litigants, lawyers, doctors, and the slaves themselves. The author's approach combines the methods of cultural anthropology, quantitative social history, and critical race theory.
Author: Paul Finkelman Publisher: ISBN: 9781616196431 Category : Social Science Languages : en Pages : 346
Book Description
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: Jason A. Gillmer Publisher: University of Georgia Press ISBN: 0820351636 Category : History Languages : en Pages : 266
Book Description
In these absorbing accounts of five court cases, Jason A. Gillmer offers intimate glimpses into Texas society in the time of slavery. Each story unfolds along boundaries--between men and women, slave and free, black and white, rich and poor, old and young--as rigid social orders are upset in ways that drive people into the courtroom. One case involves a settler in a rural county along the Colorado River, his thirty-year relationship with an enslaved woman, and the claims of their children as heirs. A case in East Texas arose after an owner refused to pay an overseer who had shot one of her slaves. Another case details how a free family of color carved out a life in the sparsely populated marshland of Southeast Texas, only to lose it all as waves of new settlers "civilized" the county. An enslaved woman in Galveston who was set free in her owner's will--and who got an uncommon level of support from her attorneys--is the subject of another case. In a Central Texas community, as another case recounts, citizens forced a Choctaw native into court in an effort to gain freedom for his slave, a woman who easily "passed" as white. The cases considered here include Gaines v. Thomas, Clark v. Honey, Brady v. Price, and Webster v. Heard. All of them pitted communal attitudes and values against the exigencies of daily life in an often harsh place. Here are real people in their own words, as gathered from trial records, various legal documents, and many other sources. People of many colors, from diverse backgrounds, weave their way in and out of the narratives. We come to know what mattered most to them--and where those personal concerns stood before the law.
Author: Paul Finkelman
Author: Paul Finkelman
Author: Jeannine Marie DeLombard
Author: Paul Finkelman
Author: Jenny S. Martinez
Author: Mark V. Tushnet
Author: Ariela J. Gross
Author: Paul Finkelman
Author: Don Edward Fehrenbacher
Author: Jason A. Gillmer