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The American Law of Slavery, 1810-1860 - Considerations of Humanity and Interest (Paperback)
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The American Law of Slavery, 1810-1860 - Considerations of Humanity and Interest (Paperback)
Series: Princeton Legacy Library
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In an examination of Southern slave law between 1810 and 1860, Mark
Tushnet reveals a structured dichotomy between slave labor systems
and bourgeois systems of production. Whereas the former rest on the
total dominion of the master over the slave and necessitate a
concern for the slave's humanity, the latter rest of the purchase
by the capitalist of a worker's labor power only and are concerned
primarily with economic interest. Focusing on a wide range of
issues that include contract and accident law as well as criminal
law and the law of manumission, he shows how Southern slave law had
to respond to the competing pressures of humanity and interest.
Beginning with a critical evaluation of slave law, the author
develops the conceptual framework for his own perspective on the
legal system, drawing on the works of Marx and Weber. He then
examines four appellate court cases decided in three different
states, from civil-law Louisiana to commonlaw North Carolina, at
widely separated times, from 1818 to 1858. Professor Tushnet finds
that the cases display a continuing but never wholly successful
attempt at distinguish between law and sentiment as modes of
regulating social interactions involving slaves. Also, the cases
show that the primary method of accommodating law and sentiment was
an attempt to use rigid categories to confine the law of slavery to
what was thought its proper sphere. Mark Tushnet is Professor of
Law at the University of Wisconsin. Originally published in 1981.
The Princeton Legacy Library uses the latest print-on-demand
technology to again make available previously out-of-print books
from the distinguished backlist of Princeton University Press.
These editions preserve the original texts of these important books
while presenting them in durable paperback and hardcover editions.
The goal of the Princeton Legacy Library is to vastly increase
access to the rich scholarly heritage found in the thousands of
books published by Princeton University Press since its founding in
1905.
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