Slavery & the Law / Edition 480

Slavery & the Law / Edition 480

by Paul Finkelman
     
 

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ISBN-10: 0742521192

ISBN-13: 9780742521193

Pub. Date: 12/17/2001

Publisher: Rowman & Littlefield Publishers, Inc.

Central to the development of the American legal system, writes Professor Finkelman in "Slavery & the Law", is the institution of slavery. It informs us not only about early concepts of race and property, but about the nature of American democracy itself. Prominent historians of slavery and legal scholars analyze the intricate relationship between slavery, race, and

Overview

Central to the development of the American legal system, writes Professor Finkelman in "Slavery & the Law", is the institution of slavery. It informs us not only about early concepts of race and property, but about the nature of American democracy itself. 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. What emerges from this multi-faceted portrait is a complex legal system designed to ensure the property rights of slave-holders and to institutionalize racism. The ultimate result was to strengthen the institution of slavery in the midst of a growing trend toward democracy in the mid-nineteenth-century Atlantic community.

Author Biography: Paul Finkelman is one of the most prolific scholars of legal history and early American culture. He is author or editor of over forty books including "Dred Scott v. Sanford: A Brief History With Documents", "Slavery and the Founders: Race and Liberty in the Age of Jefferson", "An Imperfect Union: Slavery, Federalism and Comity", and "His Soul Goes Marching On: Responses to John Brown and the Harper's Ferry Raid". He is currently the Joseph C. Hostetler-Baker & Hostetler Visiting Professor at Cleveland Marshall College of Law at Cleveland State University.

Product Details

ISBN-13:
9780742521193
Publisher:
Rowman & Littlefield Publishers, Inc.
Publication date:
12/17/2001
Edition description:
New Edition
Pages:
480
Product dimensions:
5.90(w) x 8.94(h) x 1.01(d)

Table of Contents

Acknowledgmentsix
Introduction: The Centrality of Slavery in American Legal Development3
Part ITheories of Democracy and the Law of Slavery27
1Learning the Three "I"s of America's Slave Heritage29
2Ideology and Imagery in the Law of Slavery43
Part IIConstitutional Law and Slavery87
3Slavery in the Canon of Constitutional Law89
4Chief Justice Hornblower of New Jersey and the Fugitive Slave Law of 1793113
5A Federal Assault: African-Americans and the Impact of the Fugitive Slave Law of 1850143
6The Crisis Over The Impending Crisis: Free Speech, Slavery, and the Fourteenth Amendment161
Part IIICriminal and Civil Law of Slavery207
7Slaves and the Rules of Evidence in Criminal Trials209
8"Details are of a Most Revolting Character": Cruelty to Slaves as Seen in Appeals to the Supreme Court of Louisiana241
The Unreported Case of Humphreys v. Utz269
9Pandora's Box: Slave Character on Trial in the Antebellum Deep South291
10Slave Auctions on the Courthouse Steps: Court Sales of Slaves in Antebellum South Carolina329
Part IVComparative Law and Slavery365
11Seventeenth-Century Jurists, Roman Law, and Slavery367
12The British Constitution and the Creation of American Slavery379
13Thinking Property at Rome419
14Thinking Property at Memphis: An Application of Watson437
Notes on Contributors453
Index455

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