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People Without Rights (Routledge Revivals) - An Interpretation of the Fundamentals of the Law of Slavery in the U.S. South (Paperback)
Loot Price: R1,362
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People Without Rights (Routledge Revivals) - An Interpretation of the Fundamentals of the Law of Slavery in the U.S. South (Paperback)
Series: Routledge Revivals
Expected to ship within 12 - 17 working days
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First published in September 1992, the book traces the nature and
development of the fundamental legal relationships among slaves,
masters, and third parties. It shows how the colonial and
antebellum Southern judges and legislators accommodated slavery's
social relationships into the common law, and how slave law evolved
in different states over time in response to social political,
economic, and intellectual developments. The book states that the
law of slavery in the US South treated slaves both as people and
property. It reconciles this apparent contradiction by
demonstrating that slaves were defined in the law as items of human
property without any legal rights. When the lawmakers recognized
slaves as people, they burdened slaves with added legal duties and
disabilities. This epitomized in legal terms slavery's oppressive
social relationships. The book also illustrates how cases in which
the lawmakers recognized slaves as people legitimized slavery's
inhumanity. References in the law to the legal humanity of people
held as slaves are shown to be rhetorical devices and cruel ironies
that regulated the relative rights of the slaves' owners and other
free people that were embodied in people held as slaves. Thus, it
is argued that it never makes sense to think of slave legal rights.
This was so even when the lawmakers regulated the individual
masters' rights to treat their slaves as they wished. These
regulations advanced policies that the lawmakers perceived to be in
the public interest within the context of a slave society.
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