The American Law of Slavery, 1810-1860

The American Law of Slavery, 1810-1860
Author: Mark Tushnet
Publisher: Princeton University Press
Total Pages: 273
Release: 2019-02-19
Genre: History
ISBN: 0691198152

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.

Homicide Justified

Homicide Justified
Author: Andrew Fede
Publisher: University of Georgia Press
Total Pages: 362
Release: 2017
Genre: Biography & Autobiography
ISBN: 0820351121

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.

Post Traumatic Slave Syndrome

Post Traumatic Slave Syndrome
Author: Joy DeGruy
Publisher: Amistad
Total Pages: 256
Release: 2017-05-23
Genre: History
ISBN: 9780062692665

From acclaimed author and researcher Dr. Joy DeGruy comes this fascinating book that explores the psychological and emotional impact on African Americans after enduring the horrific Middle Passage, over 300 years of slavery, followed by continued discrimination. From the beginning of American chattel slavery in the 1500’s, until the ratification of the Thirteenth Amendment in 1865, Africans were hunted like animals, captured, sold, tortured, and raped. They experienced the worst kind of physical, emotional, psychological, and spiritual abuse. Given such history, Dr. Joy DeGruy asked the question, “Isn’t it likely those enslaved were severely traumatized? Furthermore, did the trauma and the effects of such horrific abuse end with the abolition of slavery?” Emancipation was followed by another hundred years of institutionalized subjugation through the enactment of Black Codes and Jim Crow laws, peonage and convict leasing, and domestic terrorism and lynching. Today the violations continue, and when combined with the crimes of the past, they result in further unmeasured injury. What do repeated traumas visited upon generation after generation of a people produce? What are the impacts of the ordeals associated with chattel slavery, and with the institutions that followed, on African Americans today? Dr. DeGruy answers these questions and more as she encourages African Americans to view their attitudes, assumptions, and emotions through the lens of history. By doing so, she argues they will gain a greater understanding of the impact centuries of slavery and oppression has had on African Americans. Post Traumatic Slave Syndrome is an important read for all Americans, as the institution of slavery has had an impact on every race and culture. “A masterwork. [DeGruy’s] deep understanding, critical analysis, and determination to illuminate core truths are essential to addressing the long-lived devastation of slavery. Her book is the balm we need to heal ourselves and our relationships. It is a gift of wholeness.”—Susan Taylor, former Editorial Director of Essence magazine

Masterless Men

Masterless Men
Author: Keri Leigh Merritt
Publisher: Cambridge University Press
Total Pages: 373
Release: 2017-05-08
Genre: Business & Economics
ISBN: 110718424X

This book examines the lives of the Antebellum South's underprivileged whites in nineteenth-century America.

The Fugitive's Properties

The Fugitive's Properties
Author: Stephen M. Best
Publisher: University of Chicago Press
Total Pages: 375
Release: 2010-05-15
Genre: Literary Criticism
ISBN: 0226241114

In this study of literature and law before and since the Civil War, Stephen M. Best shows how American conceptions of slavery, property, and the idea of the fugitive were profoundly interconnected. The Fugitive's Properties uncovers a poetics of intangible, personified property emerging out of antebellum laws, circulating through key nineteenth-century works of literature, and informing cultural forms such as blackface minstrelsy and early race films. Best also argues that legal principles dealing with fugitives and indebted persons provided a sophisticated precursor to intellectual property law as it dealt with rights in appearance, expression, and other abstract aspects of personhood. In this conception of property as fleeting, indeed fugitive, American law preserved for much of the rest of the century slavery's most pressing legal imperative: the production of personhood as a market commodity. By revealing the paradoxes of this relationship between fugitive slave law and intellectual property law, Best helps us to understand how race achieved much of its force in the American cultural imagination. A work of ambitious scope and compelling cross-connections, The Fugitive's Properties sets new agendas for scholars of American literature and legal culture.

Saltwater Slavery

Saltwater Slavery
Author: Stephanie E. Smallwood
Publisher: Harvard University Press
Total Pages: 296
Release: 2009-06-30
Genre: History
ISBN: 9780674043770

This bold, innovative book promises to radically alter our understanding of the Atlantic slave trade, and the depths of its horrors. Stephanie E. Smallwood offers a penetrating look at the process of enslavement from its African origins through the Middle Passage and into the American slave market. Saltwater Slavery is animated by deep research and gives us a graphic experience of the slave trade from the vantage point of the slaves themselves. The result is both a remarkable transatlantic view of the culture of enslavement, and a painful, intimate vision of the bloody, daily business of the slave trade.