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Shows that the law of freedom, not slavery, determined the way that race developed over time in three slave societies.
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 th...
Is race something we know when we see it? In 1857, Alexina Morrison, a slave in Louisiana, ran away from her master and surrendered herself to the parish jail for protection. Blue-eyed and blond, Morrison successfully convinced white society that she was one of them. When she sued for her freedom, witnesses assured the jury that she was white, and that they would have known if she had a drop of African blood. Morrison’s court trial—and many others over the last 150 years—involved high stakes: freedom, property, and civil rights. And they all turned on the question of racial identity. Over the past two centuries, individuals and groups (among them Mexican Americans, Indians, Asian immig...
From random security checks at airports to the use of risk assessment in sentencing, actuarial methods are being used more than ever to determine whom law enforcement officials target and punish. And with the exception of racial profiling on our highways and streets, most people favor these methods because they believe they’re a more cost-effective way to fight crime. In Against Prediction, Bernard E. Harcourt challenges this growing reliance on actuarial methods. These prediction tools, he demonstrates, may in fact increase the overall amount of crime in society, depending on the relative responsiveness of the profiled populations to heightened security. They may also aggravate the difficulties that minorities already have obtaining work, education, and a better quality of life—thus perpetuating the pattern of criminal behavior. Ultimately, Harcourt shows how the perceived success of actuarial methods has begun to distort our very conception of just punishment and to obscure alternate visions of social order. In place of the actuarial, he proposes instead a turn to randomization in punishment and policing. The presumption, Harcourt concludes, should be against prediction.
Alexandra Finley adds crucial new dimensions to the boisterous debate over the relationship between slavery and capitalism by placing women's labor at the center of the antebellum slave trade, focusing particularly on slave traders' ability to profit from enslaved women's domestic, reproductive, and sexual labor. The slave market infiltrated every aspect of southern society, including the most personal spaces of the household, the body, and the self. Finley shows how women's work was necessary to the functioning of the slave trade, and thus to the spread of slavery to the Lower South, the expansion of cotton production, and the profits accompanying both of these markets. Through the personal histories of four enslaved women, Finley explores the intangible costs of the slave market, moving beyond ledgers, bills of sales, and statements of profit and loss to consider the often incalculable but nevertheless invaluable place of women's emotional, sexual, and domestic labor in the economy. The details of these women's lives reveal the complex intersections of economy, race, and family at the heart of antebellum society.
A prominent Mediterranean port located near Islamic territories, the city of Valencia in the late fifteenth century boasted a slave population of pronounced religious and ethnic diversity: captive Moors and penally enslaved Mudejars, Greeks, Tartars, Russians, Circassians, and a growing population of black Africans. By the end of the fifteenth century, black Africans comprised as much as 40 percent of the slave population of Valencia. Whereas previous historians of medieval slavery have focused their efforts on defining the legal status of slaves, documenting the vagaries of the Mediterranean slave trade, or examining slavery within the context of Muslim-Christian relations, Debra Blumenthal...
A rich, pathbreaking study on nineteenth-century rural Cuba, and how Afro-descendant peasants forged freedom through litigation and land occupation.
A critical catalogue of how lawyers use history - as authority, as evocation of lost golden ages, as a nightmare to escape and as progress towards enlightenment.
"This is the philosophy behind American Stories: A History of the United States. A single purpose has motivated the creation of this book: to enhance the accessibility of American history and thereby increase students' chances of success. This goal is what brought me to the classroom, and it's one I think I share with you. If American Stories: A History of the United States contributes to achieving this goal, we all-teachers and students-will be the winners"--