skip to content
Southern slavery and the law, 1619-1860 Preview this item
ClosePreview this item
  • Preview this Item (Questia)

Southern slavery and the law, 1619-1860

Author: Thomas D Morris
Publisher: Chapel Hill : University of North Carolina Press, ©1996.
Series: Studies in legal history.
Edition/Format:   Book : State or province government publication : EnglishView all editions and formats
Summary:
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
Rating:

(not yet rated) 0 with reviews - Be the first.

 

Find a copy in the library

Retrieving... Finding libraries that hold this item...

Details

Additional Physical Format: Online version:
Morris, Thomas D., 1938-
Southern slavery and the law, 1619-1860.
Chapel Hill : University of North Carolina Press, c1996
(OCoLC)657299730
Material Type: Government publication, State or province government publication
Document Type: Book
All Authors / Contributors: Thomas D Morris
ISBN: 0807822388 9780807822388 0807848174 9780807848173
OCLC Number: 32133202
Description: x, 575 p. ; 25 cm.
Contents: 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.
Series Title: Studies in legal history.
Responsibility: Thomas D. Morris.
More information:

Abstract:

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.

Reviews

User-contributed reviews
Retrieving weRead reviews...
Retrieving GoodReads reviews...
Retrieving Amazon reviews...

Tags

Be the first.
Confirm this request

You may have already requested this item. Please select Ok if you would like to proceed with this request anyway.

Close Window

Please sign in to WorldCat 

Don't have an account? You can easily create a free account.