The American Law Of Slavery 1810 1860 PDF Download
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Author | : Mark Tushnet |
Publisher | : Princeton University Press |
Total Pages | : 272 |
Release | : 2019-02-19 |
Genre | : History |
ISBN | : 0691657025 |
Download The American Law of Slavery, 1810-1860 Book in PDF, ePub and Kindle
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.
Author | : Mark V. Tushnet |
Publisher | : |
Total Pages | : 262 |
Release | : 1981 |
Genre | : Slavery |
ISBN | : |
Download The American Law of Slavery 1810-1860 Book in PDF, ePub and Kindle
Author | : Thomas D. Morris |
Publisher | : Univ of North Carolina Press |
Total Pages | : 588 |
Release | : 2004-01-21 |
Genre | : Law |
ISBN | : 0807864307 |
Download Southern Slavery and the Law, 1619-1860 Book in PDF, ePub and Kindle
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.
Author | : Mark V. Tushnet |
Publisher | : |
Total Pages | : 444 |
Release | : 2003 |
Genre | : Law |
ISBN | : |
Download Slave Law in the American South Book in PDF, ePub and Kindle
Tying together legal, historical, social, political and literary strands to show how the law itself was implicated in the persistence of slavery, this work sheds new light on slavery and Southern history, as it probes the conscience of a troubled jurist incapable of fully transcending his times.
Author | : Theodore Parker |
Publisher | : |
Total Pages | : 544 |
Release | : 1911 |
Genre | : Unitarianism |
ISBN | : |
Download The rights of man in America Book in PDF, ePub and Kindle
Author | : Theodore Parker |
Publisher | : Negro Universities Press |
Total Pages | : 540 |
Release | : 1969 |
Genre | : History |
ISBN | : |
Download The Rights of Man in America Book in PDF, ePub and Kindle
Author | : Mark Tushnet |
Publisher | : Princeton University Press |
Total Pages | : 272 |
Release | : 2019-02-19 |
Genre | : History |
ISBN | : 0691198152 |
Download The American Law of Slavery, 1810-1860 Book in PDF, ePub and Kindle
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.
Author | : Stanley W. Campbell |
Publisher | : Chapel Hill : University of North Carolina Press |
Total Pages | : 254 |
Release | : 1970 |
Genre | : History |
ISBN | : |
Download The Slave Catchers Book in PDF, ePub and Kindle
In this thoroughly researched documentation of a historically controversial issue, the author considers the background, passage, and constitutionality of the Fugitive Slave Law. The author's relation of public opinion and the executive policy regarding the much disputed law will help the reader reach a decision as to whether the law was actually a success or failure, legally and socially. Originally published in 1970. A UNC Press Enduring Edition -- UNC Press Enduring Editions use the latest in digital technology to make available again books from our distinguished backlist that were previously out of print. These editions are published unaltered from the original, and are presented in affordable paperback formats, bringing readers both historical and cultural value.
Author | : Jack Lawrence Schermerhorn |
Publisher | : Yale University Press |
Total Pages | : 351 |
Release | : 2015-01-01 |
Genre | : History |
ISBN | : 0300192002 |
Download The Business of Slavery and the Rise of American Capitalism, 1815-1860 Book in PDF, ePub and Kindle
"Focuses on networks of people, information, conveyances, and other resources and technologies that moved slave-based products from suppliers to buyers and users." (page 3) The book examines the credit and financial systems that grew up around trade in slaves and products made by slaves.
Author | : Mark Tushnet |
Publisher | : Princeton University Press |
Total Pages | : 255 |
Release | : 2000-07-24 |
Genre | : Law |
ISBN | : 1400822971 |
Download Taking the Constitution Away from the Courts Book in PDF, ePub and Kindle
Here a leading scholar in constitutional law, Mark Tushnet, challenges hallowed American traditions of judicial review and judicial supremacy, which allow U.S. judges to invalidate "unconstitutional" governmental actions. Many people, particularly liberals, have "warm and fuzzy" feelings about judicial review. They are nervous about what might happen to unprotected constitutional provisions in the chaotic worlds of practical politics and everyday life. By examining a wide range of situations involving constitutional rights, Tushnet vigorously encourages us all to take responsibility for protecting our liberties. Guarding them is not the preserve of judges, he maintains, but a commitment of the citizenry to define itself as "We the People of the United States." The Constitution belongs to us collectively, as we act in political dialogue with each other--whether in the street, in the voting booth, or in the legislature as representatives of others. Tushnet urges that we create a "populist" constitutional law in which judicial declarations deserve no special consideration. But he warns that in so doing we must pursue reasonable interpretations of the "thin Constitution"--the fundamental American principles embodied in the Declaration of Independence and the Preamble to the Constitution. A populist Constitution, he maintains, will be more effective than a document exclusively protected by the courts. Tushnet believes, for example, that the serious problems of the communist scare of the 1950s were aggravated when Senator Joseph McCarthy's opponents were lulled into inaction, believing that the judicial branch would step in and declare McCarthy's actions unconstitutional. Instead of fulfilling the expectations, the Court allowed McCarthy to continue his crusade until it was ended. Tushnet points out that in this context and in many others, errors occurred because of the existence of judicial review: neither the People nor their representatives felt empowered to enforce the Constitution because they mistakenly counted on the courts to do so. Tushnet's clarion call for a new kind of constitutional law will be essential reading for constitutional law experts, political scientists, and others interested in how and if the freedoms of the American Republic can survive into the twenty-first century.