Southern Slavery and the Law, 1619-1860

Southern Slavery and the Law, 1619-1860

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

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.


Slaves by Law

Slaves by Law

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  • Author: Jose M. Paulino
  • Publisher: Createspace Independent Publishing Platform
  • ISBN: 9781440499012
  • Category : Commercial crimes
  • Languages : en
  • Pages : 0

This is the book that will give you the strength and knowledge to defend your money and property against the criminal establishment. If you are consistently being harassed by debt collectors, the traffic (ticket) scam, or if you have fallen victim to the home foreclosure racket, this is the book that you need to study. So fasten your seat-belts, as this book takes you on a journey into the ultimate realm of double speak and deception-THE COURT ROOM. In this book you will learn how the CRIMINAL ELITE have hi-jacked our judicial system in order to help keep the people in slavery. The deception is done according to what has been written as "LAW." This book is going to wow the enemy, as it dismantles an important sector of the control grid-The Legal System. This is the information that will settle the score once and for all! Are we free? Or are we slaves?


Slave Law and the Politics of Resistance in the Early Atlantic World

Slave Law and the Politics of Resistance in the Early Atlantic World

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  • Author: Edward B. Rugemer
  • Publisher: Harvard University Press
  • ISBN: 0674982991
  • Category : History
  • Languages : en
  • Pages : 401

Edward Rugemer’s comparative history, spanning 200 years, reveals the political dynamic between slaves’ resistance and slaveholders’ power in two prosperous slave economies: Jamaica and South Carolina. This struggle led to the abolition of slavery through a law of British Parliament in one case and through violent civil war in the other.


The Slave Trade and the Origins of International Human Rights Law

The Slave Trade and the Origins of International Human Rights Law

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

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.


Stroud's Slave Laws

Stroud's Slave Laws

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  • Author: George McDowell Stroud
  • Publisher: Black Classic Press
  • ISBN: 9781580730075
  • Category : History
  • Languages : en
  • Pages : 324

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.


Homicide Justified

Homicide Justified

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  • Author: Andrew Fede
  • Publisher: University of Georgia Press
  • ISBN: 0820351121
  • Category : Biography & Autobiography
  • Languages : en
  • Pages : 362

This comparative study looks at the laws concerning the murder of slaves by their masters and at how these laws were implemented. Andrew T. Fede cites a wide range of cases--across time, place, and circumstance--to illuminate legal, judicial, and other complexities surrounding this regrettably common occurrence. These laws had evolved to limit in different ways the masters' rights to severely punish and even kill their slaves while protecting valuable enslaved people, understood as "property," from wanton destruction by hirers, overseers, and poor whites who did not own slaves. To explore the conflicts of masters' rights with state and colonial laws, Fede shows how slave homicide law evolved and was enforced not only in the United States but also in ancient Roman, Visigoth, Spanish, Portuguese, French, and British jurisdictions. His comparative approach reveals how legal reforms regarding slave homicide in antebellum times, like past reforms dictated by emperors and kings, were the products of changing perceptions of the interests of the public; of the individual slave owners; and of the slave owners' families, heirs, and creditors. Although some slave murders came to be regarded as capital offenses, the laws con-sistently reinforced the second-class status of slaves. This influence, Fede concludes, flowed over into the application of law to free African Americans and would even make itself felt in the legal attitudes that underlay the Jim Crow era.


Slavery & the Law

Slavery & the Law

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  • Author: Paul Finkelman
  • Publisher: Rowman & Littlefield
  • ISBN: 9780742521193
  • Category : History
  • Languages : en
  • Pages : 488

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.


Slave Laws in Virginia

Slave Laws in Virginia

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  • Author: Philip J. Schwarz
  • Publisher: University of Georgia Press
  • ISBN: 0820335169
  • Category : Law
  • Languages : en
  • Pages : 274

The five essays in Slave Laws in Virginia explore two centuries of the ever-changing relationship between a major slave society and the laws that guided it. The topics covered are diverse, including the African judicial background of African American slaves, Thomas Jefferson's relationship with the laws of slavery, the capital punishment of slaves, nineteenth-century penal transportation of slaves from Virginia as related to the interstate slave trade and the changing market for slaves, and Virginia's experience with its own fugitive slave laws. Through the history of one large extended family of ex-slaves, Philip J. Schwarz's conclusion examines how the law shaped the interaction between former slaves and masters after emancipation. Instead of relying on a static view of these two centuries, the author focuses on the diverse and changing ways that lawmakers and law enforcers responded to slaves' behavior and to whites' perceptions of and assumptions about that behavior.


People Without Rights

People Without Rights

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  • Author: Andrew Fede
  • Publisher: Garland Publishing
  • ISBN:
  • Category : History
  • Languages : en
  • Pages : 288


Slave Law in the American South

Slave Law in the American South

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  • Author: Mark V. Tushnet
  • Publisher:
  • ISBN:
  • Category : Law
  • Languages : en
  • Pages : 444

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.