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Slavery & the Law
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.
People Without Rights
First published in September 1992, the book traces the nature and development of the fundamental legal relationships among slaves, masters, and third parties. It shows how the colonial and antebellum Southern judges and legislators accommodated slaverye(tm)s social relationships into the common law, and how slave law evolved in different states over time in response to social political, economic, and intellectual developments. The book states that the law of slavery in the US South treated slaves both as people and property. It reconciles this apparent contradiction by demonstrating that slaves were defined in the law as items of human property without any legal rights. When the lawmakers re...
Homicide Justified
This comparative study looks at the laws concerning the murder of slaves by their masters and at how these laws were implemented. Andrew T. Fede cites a wide range of cases--across time, place, and circumstance--to illuminate legal, judicial, and other complexities surrounding this regrettably common occurrence. These laws had evolved to limit in different ways the masters' rights to severely punish and even kill their slaves while protecting valuable enslaved people, understood as "property," from wanton destruction by hirers, overseers, and poor whites who did not own slaves. To explore the conflicts of masters' rights with state and colonial laws, Fede shows how slave homicide law evolved...
Soul by Soul
Soul by Soul tells the story of slavery in antebellum America by moving away from the cotton plantations and into the slave market itself, the heart of the domestic slave trade. Taking us inside the New Orleans slave market, the largest in the nation, where 100,000 men, women, and children were packaged, priced, and sold, Walter Johnson transforms the statistics of this chilling trade into the human drama of traders, buyers, and slaves, negotiating sales that would alter the life of each. What emerges is not only the brutal economics of trading but the vast and surprising interdependencies among the actors involved.
Pursuits of Happiness
In this book, Jack Greene reinterprets the meaning of American social development. Synthesizing literature of the previous two decades on the process of social development and the formation of American culture, he challenges the central assumptions that have traditionally been used to analyze colonial British American history. Greene argues that the New England declension model traditionally employed by historians is inappropriate for describing social change in all the other early modern British colonies. The settler societies established in Ireland, the Atlantic island colonies of Bermuda and the Bahamas, the West Indies, the Middle Colonies, and the Lower South followed instead a pattern ...
Race and the Law in South Carolina
This first title in the “Law, Literature & Culture” series uses six legal disputes from the South Carolina courts to illuminate the complex legal history of race in the U.S. South from slavery through Jim Crow. The first two cases—one criminal, one civil—both illuminate the extreme oppressiveness of slavery. The third explores labor relations between newly emancipated Black agricultural workers and white landowners during Reconstruction. The remaining cases investigate three prominent features of the Jim Crow system: segregated schools, racially biased juries, and lynching, respectively. Throughout the century under consideration, South Carolina’s legal system obsessively drew raci...
Distinguishing the Righteous from the Roguish
During the period from 1836 to 1874, the legal system in the new state of Arkansas developed amid huge social change. While the legislature could, and did, determine what issues were considered of importance to the populace, the Arkansas Supreme Court determined the efficacy of legislation in cases involving land titles, banks, transportation, slavery, family law, property, debt, contract, criminal law, and procedure. Distinguishing the Righteous from the Roguish examines the court’s decisions in this era and shows how Arkansas, as a rural slave-holding state, did not follow the transformational patterns typical of some other states during the nineteenth century. Rather than using the law to promote broad economic growth and encourage social change, the Arkansas court attempted to accommodate the interests of the elite class by preserving the institution of slavery. The ideology of paternalism is reflected in the decisions of the court, and Looney shows how social and political stability—an emphasis on preserving the status quo of the so-called “righteous”—came at the expense of broader economic development.
Signposts
In Signposts, Sally E. Hadden and Patricia Hagler Minter have assembled seventeen essays, by both established and rising scholars, that showcase new directions in southern legal history across a wide range of topics, time periods, and locales. The essays will inspire today's scholars to dig even more deeply into the southern legal heritage, in much the same way that David Bodenhamer and James Ely's seminal 1984 work, Ambivalent Legacy, inspired an earlier generation to take up the study of southern legal history. Contributors to Signposts explore a wide range of subjects related to southern constitutional and legal thought, including real and personal property, civil rights, higher education...
A History of the Tennessee Supreme Court
In this first comprehensive history of the Tennessee Supreme Court, seven leading scholars explore the role played by the Court in the social, economic, and political life of the state. Charting the evolution and organization of the Court (and its predecessor, the Superior Court of Law and Equity), the authors also assess the work of the Court within the larger context of the legal history of the South. Arranged chronologically, this volume covers the period from statehood in 1796 through the judicial election of 1998 and traces the range of contentious issues the Court has faced, including slavery, Reconstruction, economic rights, the regulation of business, and race and gender relations. T...
Accounting for Slavery
A Five Books Best Economics Book of the Year A Politico Great Weekend Read “Absolutely compelling.” —Diane Coyle “The evolution of modern management is usually associated with good old-fashioned intelligence and ingenuity...But capitalism is not just about the free market; it was also built on the backs of slaves.” —Forbes The story of modern management generally looks to the factories of England and New England for its genesis. But after scouring through old accounting books, Caitlin Rosenthal discovered that Southern planter-capitalists practiced an early form of scientific management. They took meticulous notes, carefully recording daily profits and productivity, and subjected...
