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Homicide Justified - The Legality of Killing Slaves in the United States and the Atlantic World (Hardcover)
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Homicide Justified - The Legality of Killing Slaves in the United States and the Atlantic World (Hardcover)
Series: Southern Legal Studies Series
Expected to ship within 10 - 15 working days
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This comparative study looks at the laws concerning the murder of
slaves by their masters and at how these laws were implemented.
Andrew T. Fede cites a wide range of cases-across time, place, and
circumstance-to illuminate legal, judicial, and other complexities
surrounding this regrettably common occurrence. These laws had
evolved to limit in different ways the masters' rights to severely
punish and even kill their slaves while protecting valuable
enslaved people, understood as "property", from wanton destruction
by hirers, overseers, and poor whites who did not own slaves. To
explore the conflicts of masters' rights with state and colonial
laws, Fede shows how slave homicide law evolved and was enforced
not only in the United States but also in ancient Roman, Visigoth,
Spanish, Portuguese, French, and British jurisdictions. His
comparative approach reveals how legal reforms regarding slave
homicide in antebellum times, like past reforms dictated by
emperors and kings, were the products of changing perceptions of
the interests of the public; of the individual slave owners; and of
the slave owners' families, heirs, and creditors. Although some
slave murders came to be regarded as capital offenses, the laws
consistently reinforced the second-class status of slaves. This
influence, Fede concludes, flowed over into the application of law
to free African Americans and would even make itself felt in the
legal attitudes that underlay the Jim Crow era.
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