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Winner of the Francis Butler Simkins Award for 1995 and the 1994 General L. Kemper Williams Prize In what may be the most impressive research to date of state supreme court records, this study analyzes the evolution of Loui siana’s slave laws from the territorial period to the Civil War. Schafer presents numerous concise case his tories, stories that are fascinating and at times heartbreaking in the particulars they reveal about slaves’ existence. Anyone interested in slavery will find Schafer’s work riveting reading, for it depicts in detail, probably better than most fictional or narrative accounts, what living in bondage could mean.
Book Synopsis Slavery, the Civil Law, and the Supreme Court of Louisiana by : Judith Kelleher Schafer
Download or read book Slavery, the Civil Law, and the Supreme Court of Louisiana written by Judith Kelleher Schafer and published by LSU Press. This book was released on 1997-03-01 with total page 420 pages. Available in PDF, EPUB and Kindle. Book excerpt: Winner of the Francis Butler Simkins Award for 1995 and the 1994 General L. Kemper Williams Prize In what may be the most impressive research to date of state supreme court records, this study analyzes the evolution of Loui siana’s slave laws from the territorial period to the Civil War. Schafer presents numerous concise case his tories, stories that are fascinating and at times heartbreaking in the particulars they reveal about slaves’ existence. Anyone interested in slavery will find Schafer’s work riveting reading, for it depicts in detail, probably better than most fictional or narrative accounts, what living in bondage could mean.
A path-breaking and masterly study of Louisiana slave law, this fascinating study offers an examination of the complex French, Spanish, Roman and American heritage of Louisiana's law of slavery and its codification, a profile of the first effort in modern history to integrate slavery into a European-style civil code, the 1808 Digest of Orleans, a trailblazing study of the unwritten laws of slavery and the legal impact of customs and practices developing outside of the Codes, an analysis that overturns the previous scholarly view that Roman law was the model for the Code Noir of 1685, a new unabridged translation (by Palmer) of the Code Noir of 1724 with the original French text on facing pages. "A very useful addition to the growing literature on the law of slavery, this book is particularly important in helping understand the complexity of the Louisiana Code Noir and its impact on American slave law. Palmer's discussion of how the Code came to be written will surprise and educate those who read this book. " --Paul Finkelman, John Hope Franklin Visiting Professor of American Legal History Duke University School of Law and President William McKinley Distinguished Professor of Law, Albany Law School "When it comes to demystifying slave law in Louisiana, Vernon Palmer is practically peerless. It's probably because he is equally comfortable in the weeds of lived experience as he is poring over the pages of classical learning. These masterful essays on the Code Noir's origins, plus Louisiana's 150-year interplay between custom and legal practice, belong on the shelf of anyone with the faintest curiosity about human bondage and the laws fashioned to make it work." --Lawrence N. Powell, Professor Emeritus, Department of History, Tulane University "Slavery remains a current social and political problem, and Vernon Palmer s brilliant work illuminates its history, showing its legal and social complexity through a study primarily of Louisiana, where slavery was included in the first civil codes. Beautifully written, humane and insightful, this monograph will promote reflection on the fascinating legal history of Louisiana as well as on the famous Tannenbaum thesis." --John W. Cairns, FRSE, Chair of Legal History, University of Edinburgh "Palmer has written a path-breaking and splendid account of how Louisianians, newly under American rule, wrote the first modern codes that incorporated slavery in a systematic way into their civil law. Until now, ignored by scholars, these codifications moved slavery from the edges of the legal system to the very center stage in Louisiana courtrooms. The redactors of these codes implanted provisions about slavery into the law of persons, property, successions, sales and prescription, producing a unique Atlantic World slave law of incomparable richness and complexity unseen in other legal systems." --Judith Kelleher Schafer author of Slavery, the Civil Law and the Supreme Court of Louisiana and Becoming Free, Remaining Free: Manumission and Enslavement in New Orleans, 1846-1862
Book Synopsis Through the Codes Darkly by : Vernon V. Palmer
Download or read book Through the Codes Darkly written by Vernon V. Palmer and published by Lawbook Exchange, Limited. This book was released on 2012 with total page 0 pages. Available in PDF, EPUB and Kindle. Book excerpt: A path-breaking and masterly study of Louisiana slave law, this fascinating study offers an examination of the complex French, Spanish, Roman and American heritage of Louisiana's law of slavery and its codification, a profile of the first effort in modern history to integrate slavery into a European-style civil code, the 1808 Digest of Orleans, a trailblazing study of the unwritten laws of slavery and the legal impact of customs and practices developing outside of the Codes, an analysis that overturns the previous scholarly view that Roman law was the model for the Code Noir of 1685, a new unabridged translation (by Palmer) of the Code Noir of 1724 with the original French text on facing pages. "A very useful addition to the growing literature on the law of slavery, this book is particularly important in helping understand the complexity of the Louisiana Code Noir and its impact on American slave law. Palmer's discussion of how the Code came to be written will surprise and educate those who read this book. " --Paul Finkelman, John Hope Franklin Visiting Professor of American Legal History Duke University School of Law and President William McKinley Distinguished Professor of Law, Albany Law School "When it comes to demystifying slave law in Louisiana, Vernon Palmer is practically peerless. It's probably because he is equally comfortable in the weeds of lived experience as he is poring over the pages of classical learning. These masterful essays on the Code Noir's origins, plus Louisiana's 150-year interplay between custom and legal practice, belong on the shelf of anyone with the faintest curiosity about human bondage and the laws fashioned to make it work." --Lawrence N. Powell, Professor Emeritus, Department of History, Tulane University "Slavery remains a current social and political problem, and Vernon Palmer s brilliant work illuminates its history, showing its legal and social complexity through a study primarily of Louisiana, where slavery was included in the first civil codes. Beautifully written, humane and insightful, this monograph will promote reflection on the fascinating legal history of Louisiana as well as on the famous Tannenbaum thesis." --John W. Cairns, FRSE, Chair of Legal History, University of Edinburgh "Palmer has written a path-breaking and splendid account of how Louisianians, newly under American rule, wrote the first modern codes that incorporated slavery in a systematic way into their civil law. Until now, ignored by scholars, these codifications moved slavery from the edges of the legal system to the very center stage in Louisiana courtrooms. The redactors of these codes implanted provisions about slavery into the law of persons, property, successions, sales and prescription, producing a unique Atlantic World slave law of incomparable richness and complexity unseen in other legal systems." --Judith Kelleher Schafer author of Slavery, the Civil Law and the Supreme Court of Louisiana and Becoming Free, Remaining Free: Manumission and Enslavement in New Orleans, 1846-1862
Explores the resulting mixed jurisprudence that is similar, but also different from that of other Southern states or the nation.
Book Synopsis An Uncommon Experience by : Judith Kelleher Schafer
Download or read book An Uncommon Experience written by Judith Kelleher Schafer and published by University of Louisiana. This book was released on 1997 with total page 894 pages. Available in PDF, EPUB and Kindle. Book excerpt: Explores the resulting mixed jurisprudence that is similar, but also different from that of other Southern states or the nation.
Louisiana state law was unique in allowing slaves to contract for their freedom and to initiate a lawsuit for liberty. Judith Kelleher Schafer describes the ingenious and remarkably sophisticated ways New Orleans slaves used the legal system to gain their independence and find a voice in a society that ordinarily gave them none. Showing that remaining free was often as challenging as becoming free, Schafer also recounts numerous cases in which free people of color were forced to use the courts to prove their status. She further documents seventeen free blacks who, when faced with deportation, amazingly sued to enslave themselves. Schafer’s impressive detective work achieves a rare feat in the historical profession—the unveiling of an entirely new facet of the slave experience in the American South.
Book Synopsis Becoming Free, Remaining Free by : Judith Kelleher Schafer
Download or read book Becoming Free, Remaining Free written by Judith Kelleher Schafer and published by LSU Press. This book was released on 2003-05-01 with total page 234 pages. Available in PDF, EPUB and Kindle. Book excerpt: Louisiana state law was unique in allowing slaves to contract for their freedom and to initiate a lawsuit for liberty. Judith Kelleher Schafer describes the ingenious and remarkably sophisticated ways New Orleans slaves used the legal system to gain their independence and find a voice in a society that ordinarily gave them none. Showing that remaining free was often as challenging as becoming free, Schafer also recounts numerous cases in which free people of color were forced to use the courts to prove their status. She further documents seventeen free blacks who, when faced with deportation, amazingly sued to enslave themselves. Schafer’s impressive detective work achieves a rare feat in the historical profession—the unveiling of an entirely new facet of the slave experience in the American South.
Book Synopsis Louisiana's Legal Heritage by : Edward F. Haas
Download or read book Louisiana's Legal Heritage written by Edward F. Haas and published by . This book was released on 1983 with total page 242 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.
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.
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.
Book Synopsis Southern Slavery and the Law, 1619-1860 by : Thomas D. Morris
Download or read book Southern Slavery and the Law, 1619-1860 written by Thomas D. Morris and published by Univ of North Carolina Press. This book was released on 2004-01-21 with total page 588 pages. Available in PDF, EPUB and Kindle. Book excerpt: 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.
Book Synopsis Reports of Cases Argued and Determined in the Supreme Court of Louisiana and in the Superior Court of the Territory of Louisiana. [1809-1896] by : Louisiana. Supreme Court
Download or read book Reports of Cases Argued and Determined in the Supreme Court of Louisiana and in the Superior Court of the Territory of Louisiana. [1809-1896] written by Louisiana. Supreme Court and published by . This book was released on 1907 with total page 964 pages. Available in PDF, EPUB and Kindle. Book excerpt:
Collection of extracts of printed summaries of cases relating to slavery and/or African Americans heard in the Louisiana Supreme Court between 1841 and 1845. Aspects of slavery covered: slavery and agriculture, freedmen, free African Americans, abolition movement, varieties of slave experience, child slaves, master-slave relationships, contested ownership of slaves, sale of slaves, legal rights of slaves, and emancipation.
Book Synopsis Louisiana, Supreme Court by : Louisiana. Supreme Court
Download or read book Louisiana, Supreme Court written by Louisiana. Supreme Court and published by . This book was released on 1911 with total page pages. Available in PDF, EPUB and Kindle. Book excerpt: Collection of extracts of printed summaries of cases relating to slavery and/or African Americans heard in the Louisiana Supreme Court between 1841 and 1845. Aspects of slavery covered: slavery and agriculture, freedmen, free African Americans, abolition movement, varieties of slave experience, child slaves, master-slave relationships, contested ownership of slaves, sale of slaves, legal rights of slaves, and emancipation.
Book Synopsis Louisiana Reports by : Louisiana. Supreme Court
Download or read book Louisiana Reports written by Louisiana. Supreme Court and published by . This book was released on 1822 with total page 778 pages. Available in PDF, EPUB and Kindle. Book excerpt:
