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Winner, Joseph A. Andrews Award from the American Association of Law Libraries, 1986. Provides a detailed discussion and analysis of the pamphlet materials on the law of slavery published in the United States and Great Britain.
Book Synopsis Slavery in the Courtroom by : Paul Finkelman
Download or read book Slavery in the Courtroom written by Paul Finkelman and published by The Lawbook Exchange, Ltd.. This book was released on 1998 with total page 360 pages. Available in PDF, EPUB and Kindle. Book excerpt: Winner, Joseph A. Andrews Award from the American Association of Law Libraries, 1986. Provides a detailed discussion and analysis of the pamphlet materials on the law of slavery published in the United States and Great Britain.
Book Synopsis Slavery in the Courtroom by : Paul Finkelman
Download or read book Slavery in the Courtroom written by Paul Finkelman and published by . This book was released on 1985 with total page 348 pages. Available in PDF, EPUB and Kindle. Book excerpt:
America's legal consciousness was high during the era that saw the imprisonment of abolitionist editor William Lloyd Garrison, the execution of slave revolutionary Nat Turner, and the hangings of John Brown and his Harpers Ferry co-conspirators. Jeannine Marie DeLombard examines how debates over slavery in the three decades before the Civil War employed legal language to "try" the case for slavery in the court of public opinion via popular print media. Discussing autobiographies by Frederick Douglass, a scandal narrative about Sojourner Truth, an abolitionist speech by Henry David Thoreau, sentimental fiction by Harriet Beecher Stowe, and a proslavery novel by William MacCreary Burwell, DeLombard argues that American literature of the era cannot be fully understood without an appreciation for the slavery debate in the courts and in print. Combining legal, literary, and book history approaches, Slavery on Trial provides a refreshing alternative to the official perspectives offered by the nation's founding documents, legal treatises, statutes, and judicial decisions. DeLombard invites us to view the intersection of slavery and law as so many antebellum Americans did--through the lens of popular print culture.
Book Synopsis Slavery on Trial by : Jeannine Marie DeLombard
Download or read book Slavery on Trial written by Jeannine Marie DeLombard and published by Univ of North Carolina Press. This book was released on 2009-06-01 with total page 345 pages. Available in PDF, EPUB and Kindle. Book excerpt: America's legal consciousness was high during the era that saw the imprisonment of abolitionist editor William Lloyd Garrison, the execution of slave revolutionary Nat Turner, and the hangings of John Brown and his Harpers Ferry co-conspirators. Jeannine Marie DeLombard examines how debates over slavery in the three decades before the Civil War employed legal language to "try" the case for slavery in the court of public opinion via popular print media. Discussing autobiographies by Frederick Douglass, a scandal narrative about Sojourner Truth, an abolitionist speech by Henry David Thoreau, sentimental fiction by Harriet Beecher Stowe, and a proslavery novel by William MacCreary Burwell, DeLombard argues that American literature of the era cannot be fully understood without an appreciation for the slavery debate in the courts and in print. Combining legal, literary, and book history approaches, Slavery on Trial provides a refreshing alternative to the official perspectives offered by the nation's founding documents, legal treatises, statutes, and judicial decisions. DeLombard invites us to view the intersection of slavery and law as so many antebellum Americans did--through the lens of popular print culture.
In ruling after ruling, the three most important pre–Civil War justices—Marshall, Taney, and Story—upheld slavery. Paul Finkelman establishes an authoritative account of each justice’s proslavery position, the reasoning behind his opposition to black freedom, and the personal incentives that embedded racism ever deeper in American civic life.
Book Synopsis Supreme Injustice by : Paul Finkelman
Download or read book Supreme Injustice written by Paul Finkelman and published by Harvard University Press. This book was released on 2018-01-08 with total page 236 pages. Available in PDF, EPUB and Kindle. Book excerpt: In ruling after ruling, the three most important pre–Civil War justices—Marshall, Taney, and Story—upheld slavery. Paul Finkelman establishes an authoritative account of each justice’s proslavery position, the reasoning behind his opposition to black freedom, and the personal incentives that embedded racism ever deeper in American civic life.
During America's turbulent antebellum era, the Supreme Court decided important cases—most famously Dred Scott—that spoke to sectional concerns and shaped the nation's response to the slavery question. Much scholarship has been devoted to individual cases and to the Taney Court, but this is the first comprehensive examination of the major slavery cases that came before the Court between 1825 and 1861. Earl Maltz presents a detailed analysis of all eight cases and explains how each fit into the slavery politics of its time, beginning with The Antelope, heard by the John Marshall Court, and continuing with the seven other cases taken before the Roger Taney Court: The Amistad, Groves v. Slaughter, Prigg v. Pennsylvania, Strader v. Graham, Dred Scott v. Sandford, Ableman v. Booth, and Kentucky v. Denison. Case by case, Maltz identifies the political and legal forces that shaped each of the judicial outcomes while clarifying the evolution of the Court's slavery-related jurisprudence. He reveals the beliefs of each justice about the morality of slavery and the judicial role in constitutional cases to show how their actions were determined by a complex interaction of political and doctrinal considerations. Thus he offers a more nuanced understanding of the antebellum federal judiciary, showing how the decision in Prigg hinged on views about federalism as well as attitudes toward human freedom, while the question of which slaves were freed in The Antelope depended more on complex fact-finding than on a condemnation of the slave trade. Maltz also challenges the view that the Taney Court simply mirrored Southern interests and argues that, despite Dred Scott, the overall record of the Court was not particularly proslavery. Although the progression of the Court's decisions reflects a change in the tenor of the conflict over slavery, the aftermath of those decisions illustrates the limits of the Court's ability to change the dynamic that governed political struggles over such divisive issues. As the first accessible account of all of these cases, Slavery and the Supreme Court, 1825–1861 underscores the Court's limited capability to resolve the intractable political conflicts that sharply divided our nation during this period.
Book Synopsis Slavery and the Supreme Court, 1825–1861 by : Earl M. Maltz
Download or read book Slavery and the Supreme Court, 1825–1861 written by Earl M. Maltz and published by University Press of Kansas. This book was released on 2009-11-03 with total page 384 pages. Available in PDF, EPUB and Kindle. Book excerpt: During America's turbulent antebellum era, the Supreme Court decided important cases—most famously Dred Scott—that spoke to sectional concerns and shaped the nation's response to the slavery question. Much scholarship has been devoted to individual cases and to the Taney Court, but this is the first comprehensive examination of the major slavery cases that came before the Court between 1825 and 1861. Earl Maltz presents a detailed analysis of all eight cases and explains how each fit into the slavery politics of its time, beginning with The Antelope, heard by the John Marshall Court, and continuing with the seven other cases taken before the Roger Taney Court: The Amistad, Groves v. Slaughter, Prigg v. Pennsylvania, Strader v. Graham, Dred Scott v. Sandford, Ableman v. Booth, and Kentucky v. Denison. Case by case, Maltz identifies the political and legal forces that shaped each of the judicial outcomes while clarifying the evolution of the Court's slavery-related jurisprudence. He reveals the beliefs of each justice about the morality of slavery and the judicial role in constitutional cases to show how their actions were determined by a complex interaction of political and doctrinal considerations. Thus he offers a more nuanced understanding of the antebellum federal judiciary, showing how the decision in Prigg hinged on views about federalism as well as attitudes toward human freedom, while the question of which slaves were freed in The Antelope depended more on complex fact-finding than on a condemnation of the slave trade. Maltz also challenges the view that the Taney Court simply mirrored Southern interests and argues that, despite Dred Scott, the overall record of the Court was not particularly proslavery. Although the progression of the Court's decisions reflects a change in the tenor of the conflict over slavery, the aftermath of those decisions illustrates the limits of the Court's ability to change the dynamic that governed political struggles over such divisive issues. As the first accessible account of all of these cases, Slavery and the Supreme Court, 1825–1861 underscores the Court's limited capability to resolve the intractable political conflicts that sharply divided our nation during this period.
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.
Book Synopsis The Slave Trade and the Origins of International Human Rights Law by : Jenny S. Martinez
Download or read book The Slave Trade and the Origins of International Human Rights Law written by Jenny S. Martinez and published by OUP USA. This book was released on 2012-01-04 with total page 264 pages. Available in PDF, EPUB and Kindle. Book excerpt: 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.
In a groundbreaking study of the day-to-day law and culture of slavery, Ariela Gross investigates the local courtrooms of the Deep South where ordinary people settled their disputes over slaves. Buyers sued sellers for breach of warranty when they considered slaves to be physically or morally defective; owners sued supervisors who whipped or neglected slaves under their care. Double Character seeks to explain how communities dealt with an important dilemma raised by these trials: how could slaves who acted as moral agents be treated as commodities? Because these cases made the character of slaves a central legal question, slaves' moral agency intruded into the courtroom, often challenging the character of slaveholders who saw themselves as honorable masters. Gross looks at the stories about white and black character that witnesses and litigants put forth in court. She not only reveals the role of law in constructing "race" but also offers a portrait of the culture of slavery, one that addresses historical debates about law, honor, and commerce in the American South. Gross maintains that witnesses and litigants drew on narratives available in the culture at large to explain the nature and origins of slaves' character, such as why slaves became runaways. But the legal process also shaped their expressions of racial ideology by favoring certain explanations over others. Double Character brings to life the law as a dramatic ritual in people's daily lives, looking at trials from the perspective of litigants, lawyers, doctors, and the slaves themselves. The author's approach combines the methods of cultural anthropology, quantitative social history, and critical race theory.
Book Synopsis Double Character by : Ariela J. Gross
Download or read book Double Character written by Ariela J. Gross and published by Princeton University Press. This book was released on 2021-07-13 with total page 275 pages. Available in PDF, EPUB and Kindle. Book excerpt: In a groundbreaking study of the day-to-day law and culture of slavery, Ariela Gross investigates the local courtrooms of the Deep South where ordinary people settled their disputes over slaves. Buyers sued sellers for breach of warranty when they considered slaves to be physically or morally defective; owners sued supervisors who whipped or neglected slaves under their care. Double Character seeks to explain how communities dealt with an important dilemma raised by these trials: how could slaves who acted as moral agents be treated as commodities? Because these cases made the character of slaves a central legal question, slaves' moral agency intruded into the courtroom, often challenging the character of slaveholders who saw themselves as honorable masters. Gross looks at the stories about white and black character that witnesses and litigants put forth in court. She not only reveals the role of law in constructing "race" but also offers a portrait of the culture of slavery, one that addresses historical debates about law, honor, and commerce in the American South. Gross maintains that witnesses and litigants drew on narratives available in the culture at large to explain the nature and origins of slaves' character, such as why slaves became runaways. But the legal process also shaped their expressions of racial ideology by favoring certain explanations over others. Double Character brings to life the law as a dramatic ritual in people's daily lives, looking at trials from the perspective of litigants, lawyers, doctors, and the slaves themselves. The author's approach combines the methods of cultural anthropology, quantitative social history, and critical race theory.
The story of the longest and most complex legal challenge to slavery in American history For over seventy years and five generations, the enslaved families of Prince George’s County, Maryland, filed hundreds of suits for their freedom against a powerful circle of slaveholders, taking their cause all the way to the Supreme Court. Between 1787 and 1861, these lawsuits challenged the legitimacy of slavery in American law and put slavery on trial in the nation’s capital. Piecing together evidence once dismissed in court and buried in the archives, William Thomas tells an intricate and intensely human story of the enslaved families (the Butlers, Queens, Mahoneys, and others), their lawyers (among them a young Francis Scott Key), and the slaveholders who fought to defend slavery, beginning with the Jesuit priests who held some of the largest plantations in the nation and founded a college at Georgetown. A Question of Freedom asks us to reckon with the moral problem of slavery and its legacies in the present day.
Book Synopsis A Question of Freedom by : William G. Thomas
Download or read book A Question of Freedom written by William G. Thomas and published by Yale University Press. This book was released on 2020-11-24 with total page 429 pages. Available in PDF, EPUB and Kindle. Book excerpt: The story of the longest and most complex legal challenge to slavery in American history For over seventy years and five generations, the enslaved families of Prince George’s County, Maryland, filed hundreds of suits for their freedom against a powerful circle of slaveholders, taking their cause all the way to the Supreme Court. Between 1787 and 1861, these lawsuits challenged the legitimacy of slavery in American law and put slavery on trial in the nation’s capital. Piecing together evidence once dismissed in court and buried in the archives, William Thomas tells an intricate and intensely human story of the enslaved families (the Butlers, Queens, Mahoneys, and others), their lawyers (among them a young Francis Scott Key), and the slaveholders who fought to defend slavery, beginning with the Jesuit priests who held some of the largest plantations in the nation and founded a college at Georgetown. A Question of Freedom asks us to reckon with the moral problem of slavery and its legacies in the present day.
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.
Book Synopsis The American Law of Slavery, 1810-1860 by : Mark Tushnet
Download or read book The American Law of Slavery, 1810-1860 written by Mark Tushnet and published by Princeton University Press. This book was released on 2019-02-19 with total page 272 pages. Available in PDF, EPUB and Kindle. Book excerpt: 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.
Winner, Joseph A. Andrews Award from the American Association of Law Libraries, 1986. Provides a detailed discussion and analysis of the pamphlet materials on the law of slavery published in the United States and Great Britain.
Book Synopsis Slavery in the Courtroom (1985) by : Paul Finkelman
Download or read book Slavery in the Courtroom (1985) written by Paul Finkelman and published by . This book was released on 2020-02-20 with total page 346 pages. Available in PDF, EPUB and Kindle. Book excerpt: Winner, Joseph A. Andrews Award from the American Association of Law Libraries, 1986. Provides a detailed discussion and analysis of the pamphlet materials on the law of slavery published in the United States and Great Britain.
