"Slavery is the status or condition of a person over whom any or all of the powers attaching to the right of ownership are exercised." So reads the legal definition of slavery agreed by the League of Nations in 1926. Further enshrined in law during international negotiations in 1956 and 1998, this definition has been interpreted in different ways by the international courts in the intervening years. What can be considered slavery? Should forced labour be considered slavery? Debt-bondage? Child soldiering? Or forced marriage? This book explores the limits of how slavery is understood in law. It shows how the definition of slavery in law and the contemporary understanding of slavery has continually evolved and continues to be contentious. It traces the evolution of concepts of slavery, from Roman law through the Middle Ages, the 18th and 19th centuries, up to the modern day manifestations, including manifestations of forced labour and trafficking in persons, and considers how the 1926 definition can distinguish slavery from lesser servitudes. Together the contributors have put together a set of guidelines intended to clarify the law where slavery is concerned. The Bellagio-Harvard Guidelines on the Legal Parameters of Slavery, reproduced here for the first time, takes their shared understanding of both the past and present to project a consistent interpretation of the legal definition of slavery for the future.
The Law and Slavery delivers Professor Jean Allain’s foundations which have led to the renaissance of the legal understanding of slavery which has transformed the landscape related to human exploitation during the early 21st Century.
Slavery in International Law sets out the law related to slavery and lesser servitudes, including forced labour and debt bondage; thus developing an overall understanding of the term human ‘exploitation’, which is at the heart of the definition of trafficking.
Although slavery is illegal throughout the world, we learned from Kevin Bales's highly praised exposé, Disposable People: New Slavery in the Global Economy, that more than twenty-seven million people—in countries from Pakistan to Thailand to the United States--are still trapped in bondage. With this new volume, Bales, the leading authority on modern slavery, looks beyond the specific instances of slavery described in his last book to explore broader themes about slavery's causes, its continuation, and how it might be ended. Written to raise awareness and deepen understanding, and touching again on individual lives around the world, this book tackles head-on one of the most urgent and difficult problems facing us today. Each of the chapters in Understanding Global Slavery explores a different facet of global slavery. Bales investigates slavery's historical roots to illuminate today's puzzles. He explores our basic ideas about what slavery is and how the phenomenon fits into our moral, political, and economic worlds. He seeks to explain how human trafficking brings people into our cities and how the demand for trafficked workers, servants, and prostitutes shapes modern slavery. And he asks how we can study and measure this mostly hidden crime. Throughout, Bales emphasizes that to end global slavery, we must first understand it. This book is a step in that direction.
This book explores the complex ways in which political debates and legal reforms regarding the criminalization of racial violence have shaped the development of American racial history. Spanning previous campaigns for criminalizing slave abuse, lynching, and Klan violence and contemporary debates about the legal response to hate crimes, this book reveals both continuity and change in terms of the political forces underpinning the enactment of new laws regarding racial violence in different periods and of the social and institutional problems that hinder the effective enforcement of these laws. A thought-provoking analysis of how criminal law reflects and constructs social norms, this book offers a new historical and theoretical perspective for analyzing the limits of current attempts to use criminal legislation as a weapon against racism.
Django Unchained is certainly Quentin Tarantino's most commercially-successful film and is arguably also his most controversial. Fellow director Spike Lee has denounced the representation of race and slavery in the film, while many African American writers have defended the white auteur. The use of extremely graphic violence in the film, even by Tarantino's standards, at a time when gun control is being hotly debated, has sparked further controversy and has led to angry outbursts by the director himself. Moreover, Django Unchained has become a popular culture phenomenon, with t-shirts, highly contentious action figures, posters, and strong DVD/BluRay sales. The topic (slavery and revenge), the setting (a few years before the Civil War), the intentionally provocative generic roots (Spaghetti Western and Blaxploitation) and the many intertexts and references (to German and French culture) demand a thorough examination. Befitting such a complex film, the essays collected here represent a diverse group of scholars who examine Django Unchained from many perspectives.
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.
L'échange, comme système de transaction entre individus ou communautés humaines, s'applique d'abord aux bien matériels, mais exprime aussi d'autres modalités d'interaction, symboliques, philosophiques ou idéologiques. Le présent ouvrage se penche sur la façon dont se présente ou se représente l'activité d'échange en Amérique du Nord, traditionnel carrefour de cultures et lieu de mélanges, où se sont élaborés, à mi-chemin entre Europe et Pacifique, bien des paradigmes du contact, de l'échange et du progrès. On trouvera ici un assortiment de textes qui examinent aussi bien la pratique concrète de l'échange - commercial ou culturel - que ses manifestations imaginaires. Chronologiquement, ces essais couvrent une période qui court de l'exploration de Lewis et Clark jusqu'à l'ère de l'Internet. On y aborde les relations ethniques, notamment avec les tribus indiennes, et les conditions régionales ou locales de l'échange, par exemple du côté de la frontière mexicaine, ou de la Californie, ou dans les îles du Pacifique. Le lecteur entame ainsi un périple qui le conduit des zones-frontières continentales jusqu'au-delà des océans, des banlieues aux grands espaces de l'Ouest, sans pour autant oublier les grands voyages de l'esprit que garantissent les grandes œuvres littéraires ou la musique. L'idée-force qui se dégage de ce volume, c'est la nécessaire revalorisation de l'échange comme moyen d'entente entre les peuples, comme support d'une idéologie transnationale fondée sur la compréhension et l'équilibre des intérêts, afin que cessent les exclusions et s'apaisent les rancœurs dans un contexte mondial d'interdépendances accrues.
Integrating social, cultural, economic, and political history, this is a study of the factors that grounded--or swayed--the loyalties of non-Spaniards living under Spanish rule on the southern frontier. In particular, Andrew McMichael looks at the colonial Spanish administration’s attitude toward resident Americans. The Spanish borderlands systems of slavery and land ownership, McMichael shows, used an efficient system of land distribution and government patronage that engendered loyalty and withstood a series of conflicts that tested, but did not shatter, residents’ allegiance. McMichael focuses on the Baton Rouge district of Spanish West Florida from 1785 through 1810, analyzing why resident Anglo-Americans, who had maintained a high degree of loyalty to the Spanish Crown through 1809, rebelled in 1810. The book contextualizes the 1810 rebellion, and by extension the southern frontier, within the broader Atlantic World, showing how both local factors as well as events in Europe affected lives in the Spanish borderlands. Breaking with traditional scholarship, McMichael examines contests over land and slaves as a determinant of loyalty. He draws on Spanish, French, and Anglo records to challenge scholarship that asserts a particularly “American” loyalty on the frontier whereby Anglo-American residents in West Florida, as disaffected subjects of the Spanish Crown, patiently abided until they could overthrow an alien system. Rather, it was political, social, and cultural conflicts--not nationalist ideology--that disrupted networks by which economic prosperity was gained and thus loyalty retained.
Looks at historical arguments made for slavery and abolition, slavery systems in various countries, related legal cases, slave rebellions, slave biographies, the history of the slave trade, and the teachings of various religions concerning slavery
In this book, Alan Watson argues that the slave laws of North and South America--the written codes defining the relationship of masters to slaves--reflect not so much the culture and society of the various colonies but the legal traditions of England, Europe, and ancient Rome. A pathbreaking study concerned as much with the nature of comparative law as the specific subject of the law of slavery, Slave Law in the Americas posits an essential distance in the Western legal tradition between the tenets of law and the values of the society they govern. Laws, Watson shows, often are made not by governments or rulers but by jurists as in ancient Rome, law professors as in medieval and continental Europe, and judges as in common law England. Bodies of law, often created without reference to particular social and political ideals, are also often transferred whole cloth from one society to another. Tracing the effects of the reception of Roman law throughout Europe (excluding England) and the Americas, Watson reveals the enormous impact of this legal tradition on subsequent lawmakers operating under utterly dissimilar social and political conditions in the New World. Slave law in the colonies, Watson demonstrates, had much to do with the mother country's relations to Roman law. Spain, Portugal, France, and the United Dutch Provinces, all within the Roman legal tradition, imposed on their colonies slave laws that were private and nonracist in character, laws that interfered little in master-slave relations and provided for the relative ease of manumission and the grant of citizenship to freed slaves. England, however, did not ascribe to Roman law and colonists created rather than received slave law. Public and racist, slave law in the English colonies uniquely reflected local concerns, involving every citizen in the protection and perpetuation of slavery, strictly regulating education, manumission, and citizenship status. "Comparative legal history," Watson writes, "is in its infancy." Presenting the laws of slavery in ancient Rome and in the slaveholding colonies of America, Watson demonstrates how comparative law can elucidate the relationship of law, legal rules, and institutions to the society in which they operate. Investigating not the dynamics of slavery but of slave law, he reveals the working of a legal culture and its peculiar history.
In these original essays, America's leading historians and legal scholars reassess the ratification of the Thirteenth Amendment and its relevance to issues of liberty, justice, and equality. The Thirteenth Amendment abolished slavery in the United States, reasserting the radical, egalitarian dimensions of the Constitution. It also laid the foundations for future civil rights and social justice legislation. Yet subsequent reinterpretation and misappropriation have curbed more substantive change. With constitutional jurisprudence undergoing a revival, The Promises of Liberty provides a full portrait of the Thirteenth Amendment and its potential for ensuring liberty. The collection begins with Pulitzer Prize-winning historian David Brion Davis, who discusses the failure of the Thirteenth Amendment to achieve its framers' objectives. The next piece, by Alexander Tsesis, provides a detailed account of the Amendment's revolutionary character. James M. McPherson, another Pulitzer recipient, recounts the influence of abolitionists on the ratification process, and Paul Finkelman focuses on who freed the slaves and President Lincoln's commitment to ending slavery. Michael Vorenberg revisits the nineteenth century's understanding of freedom and citizenship and the Amendment's surprisingly small role in the Reconstruction and post-Reconstruction periods. William M. Wiecek shows how the Supreme Court's narrow interpretation once rendered the guarantee of freedom nearly illusory, and the collection's third Pulitzer Prize winner, David M. Oshinsky, explains how peonage undermined the prohibition against compulsory service. Subsequent essays relate the Thirteenth Amendment to congressional authority, hate crimes legislation, the labor movement, and immigrant rights. These chapters analyze unique features of the amendment along with its elusive meanings and affirm its power to reform criminal and immigration law, affirmative action policies, and the protection of civil liberties.
In The Baptism of Early Virginia, Rebecca Anne Goetz examines the construction of race through the religious beliefs and practices of English Virginians. She finds the seventeenth century a critical time in the development and articulation of racial ideologiesâ€”ultimately in the idea of "hereditary heathenism," the notion that Africans and Indians were incapable of genuine Christian conversion. In Virginia in particular, English settlers initially believed that native people would quickly become Christian and would form a vibrant partnership with English people. After vicious Anglo-Indian violence dashed those hopes, English Virginians used Christian rituals like marriage and baptism to exclude first Indians and then Africans from the privileges enjoyed by English Christiansâ€”including freedom. Resistance to hereditary heathenism was not uncommon, however. Enslaved people and many Anglican ministers fought against planters’ racial ideologies, setting the stage for Christian abolitionism in the late eighteenth and early nineteenth centuries. Using court records, letters, and pamphlets, Goetz suggests new ways of approaching and understanding the deeply entwined relationship between Christianity and race in early America.
In this interdisciplinary study, scholars consider the aftermath of slavery, focusing on Caribbean societies and the southern United States. What was the nature and impact of slave emancipation? Did the change in legal status conceal underlying continuities in American plantation societies? Was there a common postemancipation pattern of economic development? How did emancipation affect the politics and culture of race and class? This comparative study addresses precisely these types of questions as it makes a significant contribution to a new a growing field.
AMERICAN HISTORY -- African American --> In 1900 very few historians were exploring the institution of slavery in the South. But in the next half century, the culture of slavery became a dominating theme in Southern historiography. In the 1970s it was the subject of the first Chancellor's Symposium in Southern History held at the University of Mississippi. Since then, scholarly interest in slavery has proliferated ever more widely. In fact, the editor of this retrospective volume states that since the 1970s "the expansion has resulted in a corpus that has a huge number of components-scores, even hundreds, rather than mere dozens." He states that "no such gathering could possibly summarize all the changes of those twenty-five years." Hence, for the Chancellor Porter L. Fortune Symposium in Southern History in the year 2000, instead of providing historiographical summary, the participants were invited to formulate thoughts arising from their own special interests and experiences. Each paper was complemented by a learned, penetrating reaction. "On balance," the editor avers in his introduction, "reflection about the whole can convey a further sense of the condition of this field of scholarship at the very end of the last century, which was surely an improvement over what prevailed at the beginning." The collection of papers includes the following: "Logic and Experience: Thomas Jefferson's Life in the Law" by Annette Gordon-Reed, with commentary by Peter S. Onuf; "The Peculiar Fate of the Bourgeois Critique of Slavery" by James Oakes, with commentary by Walter Johnson; "Reflections on Law, Culture, and Slavery" by Ariela Gross, with commentary by Laura F. Edwards; "Rape in Black and White: Sexual Violence in the Testimony of Enslaved and Free Americans" by Norrece T. Jones, Jr., with commentary by Jan Lewis; "The Long History of a Low Place: Slavery on the South Carolina Coast, 1670-1870" by Robert Olwell, with commentary by William Dusinberre; "Paul Robeson and Richard Wright on the Arts and Slave Culture" by Sterling Stuckey, with commentary by Roger D. Abrahams. Winthrop D. Jordan is William F. Winter Professor of History and professor of African American studies at the University of Mississippi. His previous books include White Over Black: American Attitudes toward the Negro, 1550-1812 and The White Man's Burden: Historical Origins of Racism in the United States, and his work has been published in the Atlantic Monthly, Daedalus, and the Journal of Southern History, among other periodicals.
University, Court, and Slave reveals long-forgotten connections between pre-Civil War southern universities and slavery. Universities and their faculty owned people-sometimes dozens of people-and profited from their labor while many slaves endured physical abuse on campuses. As Alfred L. Brophy shows, southern universities fought the emancipation movement for economic reasons, but used their writings on history, philosophy, and law in an attempt to justify their position and promote their institutions. Indeed, as the antislavery movement gained momentum, southern academics and their allies in the courts became bolder in their claims. Some went so far as to say that slavery was supported by natural law. The combination of economic reasoning and historical precedent helped shape a southern, pro-slavery jurisprudence. Following Lincoln's November 1860 election, southern academics joined politicians, judges, lawyers, and other leaders in arguing that their economy and society was threatened. Southern jurisprudence led them to believe that any threats to slavery and property justified secession. Bolstered by the courts, academics took their case to the southern public-and ultimately to the battlefield-to defend slavery. A path-breaking and deeply researched history of southern universities' investment in and defense of slavery, University, Court, and Slave will fundamentally transform our understanding of the institutional foundations pro-slavery thought.
The author begins with the birth of civil rights - the circumstances, acts and legacy of the 39th Congress, constitutional origins, passage and structure of the Act, moves through the Fourteenth Amendment and into restrictive interpretations and quiescent years, and finishes with a chapter on discerning the future from the past and the contemporary significance of the Act.
Women and children have been bartered, pawned, bought, and sold within and beyond Africa for longer than records have existed. This important collection examines the ways trafficking in women and children has changed from the aftermath of the “end of slavery” in Africa from the late nineteenth century to the present. The formal abolition of the slave trade and slavery did not end the demand for servile women and children. Contemporary forms of human trafficking are deeply interwoven with their historical precursors, and scholars and activists need to be informed about the long history of trafficking in order to better assess and confront its contemporary forms. This book brings together the perspectives of leading scholars, activists, and other experts, creating a conversation that is essential for understanding the complexity of human trafficking in Africa. Human trafficking is rapidly emerging as a core human rights issue for the twenty-first century. Trafficking in Slavery’s Wake is excellent reading for the researching, combating, and prosecuting of trafficking in women and children. Contributors: Margaret Akullo, Jean Allain, Kevin Bales, Liza Stuart Buchbinder, Bernard K. Freamon, Susan Kreston, Benjamin N. Lawrance, Elisabeth McMahon, Carina Ray, Richard L. Roberts, Marie Rodet, Jody Sarich, and Jelmer Vos.
The laws that governed the institution of slavery in early Texas were enacted over a fifty-year period in which Texas moved through incarnations as a Spanish colony, a Mexican state, an independent republic, a part of the United States, and a Confederate state. This unusual legal heritage sets Texas apart from the other slave-holding states and provides a unique opportunity to examine how slave laws were enacted and upheld as political and legal structures changed. The Laws of Slavery in Texas makes that examination possible by combining seminal historical essays with excerpts from key legal documents from the slave period and tying them together with interpretive commentary by the foremost scholar on the subject, Randolph B. Campbell. Campbell's commentary focuses on an aspect of slave law that was particularly evident in the evolving legal system of early Texas: the dilemma that arose when human beings were treated as property. As Campbell points out, defining slaves as moveable property, or chattel, presented a serious difficulty to those who wrote and interpreted the law because, unlike any other form of property, slaves were sentient beings. They were held responsible for their crimes, and in numerous other ways statute and case law dealing with slavery recognized the humanness of the enslaved. Attempts to protect the property rights of slave owners led to increasingly restrictive laws—including laws concerning free blacks—that were difficult to uphold. The documents in this collection reveal both the roots of the dilemma and its inevitable outcome.