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Author : Paul Finkelman
Publisher : Unknown
Page : 352 pages
File Size : 52,9 Mb
Release : 1985
Category : Government publications
ISBN : PURD:32754004364257
An annotated bibliography of American cases. Includes index.
Author : Paul Finkelman
Publisher : Harvard University Press
Page : 301 pages
File Size : 51,9 Mb
Release : 2018-01-08
Category : Law
ISBN : 9780674051218
In ruling after ruling, the three most important pre–Civil War justices—Marshall, Taney, and Story—upheld slavery. Paul Finkelman establishes an authoritative account of each justice’s proslavery position, the reasoning behind his opposition to black freedom, and the personal incentives that embedded racism ever deeper in American civic life.
Author : Paul Finkelman
Publisher : The Lawbook Exchange, Ltd.
Page : 360 pages
File Size : 42,7 Mb
Release : 1998
Category : Electronic books
ISBN : 9781886363489
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 : Ariela J. Gross
Publisher : Princeton University Press
Page : 275 pages
File Size : 44,5 Mb
Release : 2021-07-13
Category : History
ISBN : 9781400823840
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 : Earl M. Maltz
Publisher : University Press of Kansas
Page : 384 pages
File Size : 41,8 Mb
Release : 2009-11-03
Category : Law
ISBN : 9780700616664
During America's turbulent antebellum era, the Supreme Court decided important cases—most famously Dred Scott—that spoke to sectional concerns and shaped the nation's response to the slavery question. Much scholarship has been devoted to individual cases and to the Taney Court, but this is the first comprehensive examination of the major slavery cases that came before the Court between 1825 and 1861. Earl Maltz presents a detailed analysis of all eight cases and explains how each fit into the slavery politics of its time, beginning with The Antelope, heard by the John Marshall Court, and continuing with the seven other cases taken before the Roger Taney Court: The Amistad, Groves v. Slaughter, Prigg v. Pennsylvania, Strader v. Graham, Dred Scott v. Sandford, Ableman v. Booth, and Kentucky v. Denison. Case by case, Maltz identifies the political and legal forces that shaped each of the judicial outcomes while clarifying the evolution of the Court's slavery-related jurisprudence. He reveals the beliefs of each justice about the morality of slavery and the judicial role in constitutional cases to show how their actions were determined by a complex interaction of political and doctrinal considerations. Thus he offers a more nuanced understanding of the antebellum federal judiciary, showing how the decision in Prigg hinged on views about federalism as well as attitudes toward human freedom, while the question of which slaves were freed in The Antelope depended more on complex fact-finding than on a condemnation of the slave trade. Maltz also challenges the view that the Taney Court simply mirrored Southern interests and argues that, despite Dred Scott, the overall record of the Court was not particularly proslavery. Although the progression of the Court's decisions reflects a change in the tenor of the conflict over slavery, the aftermath of those decisions illustrates the limits of the Court's ability to change the dynamic that governed political struggles over such divisive issues. As the first accessible account of all of these cases, Slavery and the Supreme Court, 1825–1861 underscores the Court's limited capability to resolve the intractable political conflicts that sharply divided our nation during this period.
Author : Paul Finkelman
Publisher : Unknown
Page : 346 pages
File Size : 49,8 Mb
Release : 2020-02-20
Category : Social Science
ISBN : 1616196432
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
Page : 266 pages
File Size : 40,6 Mb
Release : 2017
Category : Law
ISBN : 9780820351339
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
Publisher : Harvard University Press
Page : 236 pages
File Size : 51,5 Mb
Release : 2018-01-08
Category : Law
ISBN : 9780674982086
In ruling after ruling, the three most important pre–Civil War justices—Marshall, Taney, and Story—upheld slavery. Paul Finkelman establishes an authoritative account of each justice’s proslavery position, the reasoning behind his opposition to black freedom, and the personal incentives that embedded racism ever deeper in American civic life.
Author : Jeannine Marie DeLombard
Publisher : Univ of North Carolina Press
Page : 346 pages
File Size : 54,7 Mb
Release : 2007
Category : History
ISBN : 9780807830864
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.
Author : Ariela Julie Gross
Publisher : Unknown
Page : 280 pages
File Size : 41,5 Mb
Release : 2000
Category : Courts
ISBN : 1400819350
Author : William G. Thomas
Publisher : Yale University Press
Page : 429 pages
File Size : 53,6 Mb
Release : 2020-11-24
Category : History
ISBN : 9780300256277
The story of the longest and most complex legal challenge to slavery in American history For over seventy years and five generations, the enslaved families of Prince George’s County, Maryland, filed hundreds of suits for their freedom against a powerful circle of slaveholders, taking their cause all the way to the Supreme Court. Between 1787 and 1861, these lawsuits challenged the legitimacy of slavery in American law and put slavery on trial in the nation’s capital. Piecing together evidence once dismissed in court and buried in the archives, William Thomas tells an intricate and intensely human story of the enslaved families (the Butlers, Queens, Mahoneys, and others), their lawyers (among them a young Francis Scott Key), and the slaveholders who fought to defend slavery, beginning with the Jesuit priests who held some of the largest plantations in the nation and founded a college at Georgetown. A Question of Freedom asks us to reckon with the moral problem of slavery and its legacies in the present day.
Author : Don Edward Fehrenbacher
Publisher : Galaxy Books
Page : 340 pages
File Size : 42,8 Mb
Release : 1981
Category : History
ISBN : 019502883X
Abridged ed. of the author's The Dred Scott case, its significance in American law and politics.
Author : Paul Finkelman
Publisher : The Lawbook Exchange, Ltd.
Page : 1704 pages
File Size : 44,9 Mb
Release : 2012-11
Category : Slavery
ISBN : 9781584777380
Southern Slaves in Free State Courts: The Pamphlet Literature. New York: Garland, 1988. 3 Vols. 1,704 pp. With a New Introduction by Paul Finkelman. Reprinted 2007, 2013 by The Lawbook Exchange, Ltd. Set ISBN-13: 9781584777380. Set ISBN-10:1584777389. Hardcover. New. 34 Pamphlets reprinted in fascimile, in 3 volumes, with a New Introduction by Paul Finkelman: 1. Francis Hargrave. An Argument in the Case of James Sommersett aNegro, Lately Determined by the Court of King's Bench: Wherein it is Attempted to Demonstrate the Present Unlawfulness of Domestic Slavery in England. To Which is Prefixed a State of the Case. London, 1772. 82pp. 2. Edward Long. Candid Reflections Upon the Judgement Lately Awarded by the Court of King's Bench, in Westminster-Hall, on What is Commonly Called the Negro Cause, by a Planter. London, 1772. 76 pp. 3. Britannia Libera, or a Defence of the Free State of Man in England, Against the Claim of Any Man There as a Slave. London, 1772. 47 pp. 4. Samuel Estwick. Considerations on the Negro Cause Commonly so Called, Addressed to the Right Honorable Lord Mansfield. London, 1763. [96] pp. 5. A Letter to Philo Africanus, Upon Slavery; In Answer to His of the 22nd of November, in the General Evening Post, Together With the Opinions of Sir John Strange, and Other Eminent Lawyers Upon This Subject, With the Sentence of Lord Mansfield, in the Case of Somerset and Knowles, 1772, With His Lordship's Explanation of That Opinion in 1786. London, 1788. 40 pp. 6. John Haggard. The Judgment of the Right Hon. Lord Stowell, Respecting the Slavery of the Mongrel Woman, Grace, On An Appeal From The Vice-Admirality Court of Antigua. London, 1827. [50] pp. 7. Considerations on Certain Remarks on the Negro Slavery and Abolition Questions, in Lord Stowell's Judgment in the Case of the Slave "Grace." By a Briton. Newcastle, 1827. 18 pp. 8. Case of the Slave-Child Med. Report of the Arguments of Counsel and of the Opinion of the Court, in the Case of Commonwealth vs. Aves;Tried and Determined in the Supreme Judicial Court of Massachusetts. Boston, 1836. 40 pp. Please contact us for a complete list of titles contained in these three volumes. Originally published as a part of the series Slavery, Race, and the American Legal System, 1700-1872, this set contains facsimiles of 34 rare pamphlets relating to court cases involving the status of slaves in non-slave jurisdictions, including Somerset v. Stewart (1772) and Dred Scott v. Sandford (1857). As in the companion set Fugitive Slaves and American Courts, some pamphlets were part of the public debate over judicial decisions. Others used a case to promote the antislavery cause or, in some instances, support or justify slavery.
Author : Paul Finkelman
Publisher : The Lawbook Exchange, Ltd.
Page : 832 pages
File Size : 40,8 Mb
Release : 2012-11
Category : Slave trade
ISBN : 9781584777434
The African Slave Trade and American Courts: The Pamphlet Literature. New York & London: Garland Publishing, Inc., 1988. 2 Vols. 832 pp. With a New Introduction by Paul Finkelman. Reprinted 2007, 2013 by The Lawbook Exchange, Ltd. ISBN-13: 9781584777434; ISBN-10: 1584777435. Hardcover. New. 13 Pamphlets reprinted in fascimile, in 2 volumes, with a New Introduction by Paul Finkelman: 1. Story, Joseph. A Charge Delivered to the Grand Juries of the Circuit Court, at October Term, 1819, in Boston, and at November Term, 1819, in Providence, and Published at their Unanimous Request. 8 pp. 2. Story, Joseph. A charge Delivered to the Grand Jury of the Circuit Court of the United States, at its First Session in Portland, for the Judicial District of Maine, May 8, 1820, and Published at the Unanimous Request of the Grand Jury and of the Bar. Portland, 1820. 21 pp. 3. A Report of the Case of the Jeune Eugenie, Determined in the Circuit Court of the United States, for the First Circuit, at Boston, December, 1821. Boston, 1822. 108 pp. 4. The African Captives. Trial of the Prisoners of the Amistad on the Writ of Habeaus Corpus, before the Circuit Court of the United States, for the District of Connecticut, at Hartford; Judges Thompson and Judson. September Term, 1839. New York, 1839. [48] pp. 5. A History of the Amistad Captives: Being a Circumstantial Account of the Capture of the Spanish Schooner Amistad, by the Africans on Board. New Haven, 1840. 32 pp. 6. A Brief Review of Some of the Points in the Case of L'Amistad, and the Principles Involved. 15 pp. 7. Adams, John Quincy. Argument of John Quincy Adams, before the Supreme Court of the United States, in the Case of the United States, Appelants, vs. Cinque, and Others, Africans, Captured in the Schooner Amistad, by Lieut. Gedney, Delivered on the 24th of February and 1st of March, 1841. New York, 1841. 135 pp. 8. Baldwin, Roger S. Argument of Roger S. Baldwin, of New Haven, before the Supreme Court of the United States, in the Case of the United States, Appelants, vs. Cinque, and Others, Africans of the Amistad. New York, 1841. 32 pp. Please contact us for a complete list of titles contained in these two volumes. Reprinted from the Garland series Slavery, Race, and the American Legal System, 1700-1872, this group of 13 facsimiles relates to cases arising from the illegal importation of slaves. Highlights include the argument of John Quincy Adams in the Amistad case (1841) and two charges to juries by Joseph Story from 1819 and 1820. "[The volumes in this series] belong in every library used for research, and in particular at all law school libraries. They will prove valuable to historians, lawyers, law teachers and students, and all persons interested in the problems of slavery and race in American experience." William M. Wiecek, American Journal of Legal History 33 (1989) 187.
Author : Alfred L. Brophy
Publisher : Oxford University Press
Page : 416 pages
File Size : 47,5 Mb
Release : 2016-07-18
Category : History
ISBN : 9780190263614
University, Court, and Slave reveals long-forgotten connections between pre-Civil War southern universities and slavery. Universities and their faculty owned people-sometimes dozens of people-and profited from their labor while many slaves endured physical abuse on campuses. As Alfred L. Brophy shows, southern universities fought the emancipation movement for economic reasons, but used their writings on history, philosophy, and law in an attempt to justify their position and promote their institutions. Indeed, as the antislavery movement gained momentum, southern academics and their allies in the courts became bolder in their claims. Some went so far as to say that slavery was supported by natural law. The combination of economic reasoning and historical precedent helped shape a southern, pro-slavery jurisprudence. Following Lincoln's November 1860 election, southern academics joined politicians, judges, lawyers, and other leaders in arguing that their economy and society was threatened. Southern jurisprudence led them to believe that any threats to slavery and property justified secession. Bolstered by the courts, academics took their case to the southern public-and ultimately to the battlefield-to defend slavery. A path-breaking and deeply researched history of southern universities' investment in and defense of slavery, University, Court, and Slave will fundamentally transform our understanding of the institutional foundations pro-slavery thought.