Southern slavery and the law, 1619-1860:
Gespeichert in:
Bibliographische Detailangaben
1. Verfasser: Morris, Thomas D. (VerfasserIn)
Format: Elektronisch E-Book
Sprache:English
Veröffentlicht: Chapel Hill University of North Carolina Press ©1996
Schriftenreihe:Studies in legal history
Schlagworte:
Online-Zugang:FAW01
FAW02
Volltext
Beschreibung:Master and use copy. Digital master created according to Benchmark for Faithful Digital Reproductions of Monographs and Serials, Version 1. Digital Library Federation, December 2002
Includes bibliographical references (pages 525-561) and index
1. The Function of Race in Southern Slave Law -- 2. The Sources of Southern Slave Law -- 3. Slaves as Property -- Chattels Personal or Realty, and Did It Matter? -- 4. Slavery and the Law of Successions -- 5. Contract Law in the Sale and Mortgaging of Slaves -- 6. The Slave Hireling Contract and the Law -- 7. Southern Law and the Homicides of Slaves -- 8. Law and the Abuse of Slaves -- 9. Jurisdiction and Process in the Trials of Slaves -- 10. Slaves and the Rules of Evidence in Criminal Trials -- 11. Masters and the Criminal Offenses of Their Slaves -- 12. Obedience and the Outsider -- 13. Slaves' Violence against Third Parties -- 14. Slaves, Sexual Violence, and the Law -- 15. Property Crimes and the Law -- 16. Police Regulations -- 17. Wrongs of Slaves and the Civil Liability of Masters -- 18. Emancipation: Conceptions, Restraints, and Practice -- 19. Quasi and In futuro Emancipations
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. Therefore, laws governing slaves and slavery had to be incorporated into the body of English common law that formed the basis of legal culture throughout the colonial South
Specifically, Morris 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. Using a wide range of published and unpublished legal records from fifty countries and parishes, Morris offers a detailed and systematic analysis of
Cases as a means of establishing both what the doctrines concerning slavery were and how they were implemented
Beschreibung:1 Online-Ressource (x, 575 pages)
ISBN:0807822388
0807864307
9780807822388
9780807848173
9780807864302

Es ist kein Print-Exemplar vorhanden.

Fernleihe Bestellen Achtung: Nicht im THWS-Bestand! Volltext öffnen