The Law And Slavery

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Southern Slavery and the Law, 1619-1860

Thomas D. Morris
Southern Slavery and the Law 1619 1860 Book PDF

Author : Thomas D. Morris
Publisher : Univ of North Carolina Press
Page : 588 pages
File Size : 40,6 Mb
Release : 2004-01-21
Category : Law
ISBN : 9780807864302

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Southern Slavery and the Law, 1619-1860 by Thomas D. Morris Pdf

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 Law and Slavery

Jean Allain
The Law and Slavery Book PDF

Author : Jean Allain
Publisher : BRILL
Page : 655 pages
File Size : 40,6 Mb
Release : 2015-05-13
Category : Law
ISBN : 9789004279896

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The Law and Slavery by Jean Allain Pdf

The Law and Slavery delivers Professor Jean Allain’s foundations which have led to the renaissance of the legal understanding of slavery which has transformed the landscape related to human exploitation during the early 21st Century.

The Roman Law of Slavery

William Warwick Buckland
The Roman Law of Slavery Book PDF

Author : William Warwick Buckland
Publisher : Cambridge University Press
Page : 758 pages
File Size : 44,9 Mb
Release : 2010-06-24
Category : Philosophy
ISBN : 9781108009430

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The Roman Law of Slavery by William Warwick Buckland Pdf

Buckland's magisterial work of 1908 surveys in detail the principles of the Roman law regarding slavery.

The American Law of Slavery, 1810-1860

Mark Tushnet
The American Law of Slavery 1810 1860 Book PDF

Author : Mark Tushnet
Publisher : Princeton University Press
Page : 272 pages
File Size : 54,8 Mb
Release : 2019-02-19
Category : History
ISBN : 9780691198156

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The American Law of Slavery, 1810-1860 by Mark Tushnet Pdf

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.

Slavery & the Law

Paul Finkelman
Slavery the Law Book PDF

Author : Paul Finkelman
Publisher : Rowman & Littlefield
Page : 488 pages
File Size : 47,7 Mb
Release : 2002
Category : History
ISBN : 0742521192

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Slavery & the Law by Paul Finkelman Pdf

In this book, prominent historians of slavery and legal scholars analyze the intricate relationship between slavery, race, and the law from the earliest Black Codes in colonial America to the passage of the Fugitive Slave Law and the Dred Scott decision prior to the Civil War. Slavery & the Law's wide-ranging essays focus on comparative slave law, auctioneering practices, rules of evidence, and property rights, as well as issues of criminality, punishment, and constitutional law.

The Legal Understanding of Slavery

Jean Allain
The Legal Understanding of Slavery Book PDF

Author : Jean Allain
Publisher : OUP Oxford
Page : 416 pages
File Size : 44,5 Mb
Release : 2012-09-27
Category : Law
ISBN : 9780191645358

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The Legal Understanding of Slavery by Jean Allain Pdf

"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.

The Legal Understanding of Slavery

Jean Allain
The Legal Understanding of Slavery Book PDF

Author : Jean Allain
Publisher : Oxford University Press on Demand
Page : 415 pages
File Size : 43,5 Mb
Release : 2012-09-27
Category : Law
ISBN : 9780199660469

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The Legal Understanding of Slavery by Jean Allain Pdf

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.

Slavery in International Law

Jean Allain
Slavery in International Law Book PDF

Author : Jean Allain
Publisher : Martinus Nijhoff Publishers
Page : 445 pages
File Size : 40,8 Mb
Release : 2012-10-12
Category : Social Science
ISBN : 9789004186958

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Slavery in International Law by Jean Allain Pdf

Slavery in International Law sets out the law related to slavery and lesser servitudes, including forced labour and debt bondage; thus developing an overall understanding of the term human ‘exploitation’, which is at the heart of the definition of trafficking.

The Slave Trade and the Origins of International Human Rights Law

Jenny S. Martinez
The Slave Trade and the Origins of International Human Rights Law Book PDF

Author : Jenny S. Martinez
Publisher : OUP USA
Page : 264 pages
File Size : 54,5 Mb
Release : 2012-01-04
Category : History
ISBN : 9780195391626

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The Slave Trade and the Origins of International Human Rights Law by Jenny S. Martinez Pdf

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.

The Law and Custom of Slavery in British India

William Adam
The Law and Custom of Slavery in British India Book PDF

Author : William Adam
Publisher : Unknown
Page : 292 pages
File Size : 42,6 Mb
Release : 1840
Category : Great Britain
ISBN : PSU:000055471909

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The Law and Custom of Slavery in British India by William Adam Pdf

Liberty, Slavery and the Law in Early Modern Western Europe

Filip Batselé
Liberty Slavery and the Law in Early Modern Western Europe Book PDF

Author : Filip Batselé
Publisher : Springer Nature
Page : 232 pages
File Size : 40,5 Mb
Release : 2020-01-03
Category : Law
ISBN : 9783030368555

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Liberty, Slavery and the Law in Early Modern Western Europe by Filip Batselé Pdf

This book investigates the legal evolution of the “free soil principle” in England, France and the Low Countries during the Early Modern period (ca. 1500–1800), which essentially stated that, as soon as slaves entered a certain country, they would immediately gain their freedom. This book synthesizes the existing literature on the origins and evolution of the principle, adds new insights by drawing on previously undiscussed primary sources on the development of free soil in the Low Countries and employs a pan-Western, European and comparative approach to identify and explain the differences and similarities in the application of this principle in France, England and the Low Countries. Divided into four sections, the book begins with a brief introduction to the subject matter, putting it in its historical context. Slavery is legally defined, using the established international law definition, and both the status of slavery in Europe before the Early Modern Period and the Atlantic slave trade are discussed. Secondly, the book assesses the legal origins of the free soil principle in England, France and the Low Countries during the period 1500–1650 and discusses the legal repercussions of slaves coming to England, France and the Low Countries from other countries, where the institution was legally recognized. Thirdly, it addresses the further development of the free soil principle during the period 1650–1800. In the fourth and last section, the book uses the insights gained to provide a pan-Western, European and comparative perspective on the origins and application of the free soil principle in Western Europe. In this regard, it compares the origins of free soil for the respective countries discussed, as well as its application during the heyday of the Atlantic slave trade. This perspective makes it possible to explain some of the divergences in approaches between the countries examined and represents the first-ever full-scale country comparison on this subject in a book.

Stroud's Slave Laws

George McDowell Stroud
Stroud s Slave Laws Book PDF

Author : George McDowell Stroud
Publisher : Black Classic Press
Page : 324 pages
File Size : 55,9 Mb
Release : 2005-04
Category : History
ISBN : 1580730078

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Stroud's Slave Laws by George McDowell Stroud Pdf

Stroud's Slave Laws had extensive influence upon national legal thinking on the issue of slavery. In a blanket survey of slave codes of the period, he analyzed the statutes of twelve slaveholding states. Stroud's book exposed to the world, through its publications in 1827 and 1856, the diabolical nature of legal enactments throughout the South that debased both African people and those who held them in bondage.