Slave Law in the American South - read free eBook in online reader or directly download on the web page. Select files or add your book in reader. Download and read online ebook Slave Law in the American South write by Mark V. Tushnet. This book was released on 2003. Slave Law in the American South available in PDF, EPUB and Kindle. 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.
Southern Slavery and the Law, 1619-1860
Southern Slavery and the Law, 1619-1860 - read free eBook in online reader or directly download on the web page. Select files or add your book in reader. Download and read online ebook Southern Slavery and the Law, 1619-1860 write by Thomas D. Morris. This book was released on 2004-01-21. Southern Slavery and the Law, 1619-1860 available in PDF, EPUB and Kindle. 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.
Slave Law in the Americas
Slave Law in the Americas - read free eBook in online reader or directly download on the web page. Select files or add your book in reader. Download and read online ebook Slave Law in the Americas write by Alan Watson. This book was released on 1989-01-01. Slave Law in the Americas available in PDF, EPUB and Kindle. 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.
The American Law of Slavery, 1810-1860
The American Law of Slavery, 1810-1860 - read free eBook in online reader or directly download on the web page. Select files or add your book in reader. Download and read online ebook The American Law of Slavery, 1810-1860 write by Mark Tushnet. This book was released on 2019-02-19. The American Law of Slavery, 1810-1860 available in PDF, EPUB and Kindle. 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.
The Law of American Slavery
The Law of American Slavery - read free eBook in online reader or directly download on the web page. Select files or add your book in reader. Download and read online ebook The Law of American Slavery write by Kermit L. Hall. This book was released on 1987. The Law of American Slavery available in PDF, EPUB and Kindle. 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.
