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In this book, 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.
A Degraded Caste of Society traces the origins of twenty-first-century cases of interracial violence to the separate and unequal protection principles of the criminal law of enslavement in the southern United States. Andrew T. Fede explains how antebellum appellate court opinions and statutes, when read in a context that includes newspaper articles and trial court and census records, extended this doctrine to the South’s free Black people, consigning them to what South Carolina justice John Belton O’Neall called “a degraded caste of society,” in which they were “in no respect, on a perfect equality with the white man.” This written law either criminalized Black insolence or privi...
First Published in 1994. Routledge is an imprint of Taylor & Francis, an informa company.
Paul Sabin offers a study of the oil market in California before World War II, showing how the development of an economy & society very heavily dependent upon oil production & consumption was largely directed by policy decisions regarding property rights, regulatory law & public investment.
Freedom Soldiers examines the lives of formerly enslaved men who deserted the US Army during the Civil War and their experiences in army camps, courts, and prisons. It explores their reasons for leaving, often through their own voices from courts-martial testimony.
Explores the resulting mixed jurisprudence that is similar, but also different from that of other Southern states or the nation.
Republishes articles by two senior legal historians. Besides summarizing what has now become classical literature in the field, it offers illuminating insight into what it means to be a professional legal historian.
California is a region of rich geographic and human diversity. The Elusive Eden charts the historical development of California, beginning with landscape and climate and the development of Native cultures, and continues through the election of Governor Gavin Newsom. It portrays a land of remarkable richness and complexity, settled by waves of people with diverse cultures from around the world. Now in its fifth edition, this up-to-date text provides an authoritative, original, and balanced survey of California history incorporating the latest scholarship. Coverage includes new material on political upheavals, the global banking crisis, changes in education and the economy, and California's sh...
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Fathers of Conscience examines high-court decisions in the antebellum South that involved wills in which white male planters bequeathed property, freedom, or both to women of color and their mixed-race children. These men, whose wills were contested by their white relatives, had used trusts and estates law to give their slave partners and children official recognition and thus circumvent the law of slavery. The will contests that followed determined whether that elevated status would be approved or denied by courts of law. Bernie D. Jones argues that these will contests indicated a struggle within the elite over race, gender, and class issues--over questions of social mores and who was truly family. Judges thus acted as umpires after a man's death, deciding whether to permit his attempts to provide for his slave partner and family. Her analysis of these differing judicial opinions on inheritance rights for slave partners makes an important contribution to the literature on the law of slavery in the United States.