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The Legal Understanding of Slavery

Author: Jean Allain

Publisher: Oxford University Press on Demand

Published: 2012-09-27

Total Pages: 415

ISBN-13: 0199660468

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.

Southern Slavery and the Law, 1619-1860

Author: Thomas D. Morris

Publisher: Univ of North Carolina Press

Published: 2004-01-21

Total Pages: 588

ISBN-13: 0807864307

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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

Author: Jean Allain

Publisher: BRILL

Published: 2015-05-19

Total Pages: 655

ISBN-13: 900427989X

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The Law and Slavery sets out the articles, book reviews and case notes by Professor Jean Allain which led to pioneering exploration of forced labour, servitudes, slavery, the slave trade, and trafficking in his 2013 Slavery in International Law: Of Human Exploitation and Trafficking (MNP). This collection brings together Professor Allain’s considerations of the evolution of legal abolition internationally, his critique of the then status quo in the area of slavery and the law, and goes on to develop the foundations of a legal understanding of various servitudes and slavery based on his archival research and legal analysis. Professor Allain’s research has transformed the landscape of how we understand contemporary slavery and those other servitudes which constitute human exploitation.

People Without Rights

Author: Andrew Fede

Publisher: Routledge

Published: 2012-11-22

Total Pages: 284

ISBN-13: 0415669715

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First published in September 1992, the book traces the nature and development of the fundamental legal relationships among slaves, masters, and third parties. It shows how the colonial and antebellum Southern judges and legislators accommodated slaverye(tm)s social relationships into the common law, and how slave law evolved in different states over time in response to social political, economic, and intellectual developments. The book states that the law of slavery in the US South treated slaves both as people and property. It reconciles this apparent contradiction by demonstrating that slaves were defined in the law as items of human property without any legal rights. When the lawmakers recognized slaves as people, they burdened slaves with added legal duties and disabilities. This epitomized in legal terms slaverye(tm)s oppressive social relationships. The book also illustrates how cases in which the lawmakers recognized slaves as people legitimized slaverye(tm)s inhumanity. References in the law to the legal humanity of people held as slaves are shown to be rhetorical devices and cruel ironies that regulated the relative rights of the slavese(tm) owners and other free people that were embodied in people held as slaves. Thus, it is argued that it never makes sense to think of slave legal rights. This was so even when the lawmakers regulated the individual masterse(tm) rights to treat their slaves as they wished. These regulations advanced policies that the lawmakers perceived to be in the public interest within the context of a slave society.

Understanding Global Slavery

Author: Kevin Bales

Publisher: Univ of California Press

Published: 2005-11-07

Total Pages: 224

ISBN-13: 0520245075

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Slavery continues as a blight on the human world, with an estimated 27 million people around the world in bondage. Kevin Bales undertakes a discussion of the causes of enslavement & the socio-economic factors that sustain slavery in the 21st century.

The Slave Trade and the Origins of International Human Rights Law

Author: Jenny S. Martinez

Publisher: OUP USA

Published: 2012-01-04

Total Pages: 264

ISBN-13: 0195391624

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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 American Law of Slavery, 1810-1860

Author: Mark Tushnet

Publisher: Princeton University Press

Published: 2019-02-19

Total Pages: 272

ISBN-13: 0691198152

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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.

Human Trafficking and Slavery Reconsidered

Author: Vladislava Stoyanova

Publisher: Cambridge University Press

Published: 2017-03-16

Total Pages: 513

ISBN-13: 1107162289

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An original analysis of the definition and scope of the right not to be held in slavery, servitude and forced labour.