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Books > Law > Jurisprudence & general issues > Legal history
The Dred Scott suit for freedom, argues Kelly M. Kennington, was
merely the most famous example of a phenomenon that was more
widespread in antebellum American jurisprudence than is generally
recognized. The author draws on the case files of more than three
hundred enslaved individuals who, like Dred Scott and his family,
sued for freedom in the local legal arena of St. Louis. Her
findings open new perspectives on the legal culture of slavery and
the negotiated processes involved in freedom suits. As a gateway to
the American West, a major port on both the Mississippi and
Missouri Rivers, and a focal point in the rancorous national debate
over slavery's expansion, St. Louis was an ideal place for enslaved
individuals to challenge the legal systems and, by extension, the
social systems that held them in forced servitude. Kennington
offers an in-depth look at how daily interactions, webs of
relationships, and arguments presented in court shaped and reshaped
legal debates and public at titudes over slavery and freedom in St.
Louis. Kennington also surveys more than eight hundred state
supreme court freedom suits from around the United States to
situate the St. Louis example in a broader context. Although white
enslavers dominated the antebellum legal system in St. Louis and
throughout the slaveholding states, that fact did not mean that the
system ignored the concerns of the subordinated groups who made up
the bulk of the American population. By looking at a particular
example of one group's encounters with the law and placing these
suits into conversation with similar en counters that arose in
appellate cases nationwide Kennington sheds light on the ways in
which the law responded to the demands of a variety of actors.
Over the past few decades, a growing number of studies have
highlighted the importance of the 'School of Salamanca' for the
emergence of colonial normative regimes and the formation of a
language of normativity on a global scale. According to this
influential account, American and Asian actors usually appear as
passive recipients of normative knowledge produced in Europe. This
book proposes a different perspective and shows, through a
knowledge historical approach and several case studies, that the
School of Salamanca has to be considered both an epistemic
community and a community of practice that cannot be fixed to any
individual place. Instead, the School of Salamanca encompassed a
variety of different sites and actors throughout the world and thus
represents a case of global knowledge production. Contributors are:
Adriana Alvarez, Virginia Aspe, Marya Camacho, Natalie Cobo, Thomas
Duve, Jose Luis Egio, Dolors Folch, Enrique Gonzalez Gonzalez,
Lidia Lanza, Esteban Llamosas, Osvaldo R. Moutin, and Marco Toste.
A reconsideration of the writ of habeas corpus casts new light on a
range of current issues Habeas corpus, the storied Great Writ of
Liberty, is a judicial order that requires government officials to
produce a prisoner in court, persuade an independent judge of the
correctness of their claimed factual and legal justifications for
the individual's imprisonment, or else release the captive.
Frequently the officials resist being called to account. Much of
the history of the rule of law, including the history being made
today, has emerged from the resulting clashes. This book, heavily
based on primary sources from the colonial and early national
periods and significant original research in the New Hampshire
State Archives, enriches our understanding of the past and draws
lessons for the present. Using dozens of previously unknown
examples, Professor Freedman shows how the writ of habeas corpus
has been just one part of an intricate machinery for securing
freedom under law, and explores the lessons this history holds for
some of today's most pressing problems including terrorism, the
Guantanamo Bay detentions, immigration, Brexit, and domestic
violence. Exploring landmark cases of the past - like that of John
Peter Zenger - from new angles and expanding the definition of
habeas corpus from a formal one to a functional one, Making Habeas
Work brings to light the stories of many people previously
overlooked (like the free black woman Zipporah, defendant in "the
case of the headless baby") because their cases did not bear the
label "habeas corpus." The resulting insights lead to
forward-thinking recommendations for strengthening the rule of law
to insure that it endures into the future.
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