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.

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.

What Slaveholders Think

What Slaveholders Think
Author: Austin Choi-Fitzpatrick
Publisher: Columbia University Press
Total Pages: 246
Release: 2017-03-07
Genre: Social Science
ISBN: 0231543824

Drawing on fifteen years of work in the antislavery movement, Austin Choi-Fitzpatrick examines the systematic oppression of men, women, and children in rural India and asks: How do contemporary slaveholders rationalize the subjugation of other human beings, and how do they respond when their power is threatened? More than a billion dollars have been spent on antislavery efforts, yet the practice persists. Why? Unpacking what slaveholders think about emancipation is critical for scholars and policy makers who want to understand the broader context, especially as seen by the powerful. Insight into those moments when the powerful either double down or back off provides a sobering counterbalance to scholarship on popular struggle. Through frank and unprecedented conversations with slaveholders, Choi-Fitzpatrick reveals the condescending and paternalistic thought processes that blind them. While they understand they are exploiting workers' vulnerabilities, slaveholders also feel they are doing workers a favor, often taking pride in this relationship. And when the victims share this perspective, their emancipation is harder to secure, driving some in the antislavery movement to ask why slaves fear freedom. The answer, Choi-Fitzpatrick convincingly argues, lies in the power relationship. Whether slaveholders recoil at their past behavior or plot a return to power, Choi-Fitzpatrick zeroes in on the relational dynamics of their self-assessment, unpacking what happens next. Incorporating the experiences of such pivotal actors into antislavery research is an immensely important step toward crafting effective antislavery policies and intervention. It also contributes to scholarship on social change, social movements, and the realization of human rights.