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A path-breaking and masterly study of Louisiana slave law, this
fascinating study offers an examination of the complex French,
Spanish, Roman and American heritage of Louisiana's law of slavery
and its codification, a profile of the first effort in modern
history to integrate slavery into a European-style civil code, the
1808 Digest of Orleans, a trailblazing study of the unwritten laws
of slavery and the legal impact of customs and practices developing
outside of the Codes, an analysis that overturns the previous
scholarly view that Roman law was the model for the Code Noir of
1685, a new unabridged translation (by Palmer) of the Code Noir of
1724 with the original French text on facing pages.
"A very useful addition to the growing literature on the law of
slavery, this book is particularly important in helping understand
the complexity of the Louisiana Code Noir and its impact on
American slave law. Palmer's discussion of how the Code came to be
written will surprise and educate those who read this book. "
--Paul Finkelman, John Hope Franklin Visiting Professor of American
Legal History Duke University School of Law and President William
McKinley Distinguished Professor of Law, Albany Law School
"When it comes to demystifying slave law in Louisiana, Vernon
Palmer is practically peerless. It's probably because he is equally
comfortable in the weeds of lived experience as he is poring over
the pages of classical learning. These masterful essays on the Code
Noir's origins, plus Louisiana's 150-year interplay between custom
and legal practice, belong on the shelf of anyone with the faintest
curiosity about human bondage and the laws fashioned to make it
work."
--Lawrence N. Powell, Professor Emeritus, Department of History,
Tulane University
"Slavery remains a current social and political problem, and Vernon
Palmer s brilliant work illuminates its history, showing its legal
and social complexity through a study primarily of Louisiana, where
slavery was included in the first civil codes. Beautifully written,
humane and insightful, this monograph will promote reflection on
the fascinating legal history of Louisiana as well as on the famous
Tannenbaum thesis."
--John W. Cairns, FRSE, Chair of Legal History, University of
Edinburgh
"Palmer has written a path-breaking and splendid account of how
Louisianians, newly under American rule, wrote the first modern
codes that incorporated slavery in a systematic way into their
civil law. Until now, ignored by scholars, these codifications
moved slavery from the edges of the legal system to the very center
stage in Louisiana courtrooms. The redactors of these codes
implanted provisions about slavery into the law of persons,
property, successions, sales and prescription, producing a unique
Atlantic World slave law of incomparable richness and complexity
unseen in other legal systems."
--Judith Kelleher Schafer author of Slavery, the Civil Law and the
Supreme Court of Louisiana and Becoming Free, Remaining Free:
Manumission and Enslavement in New Orleans, 1846-1862
This is the first comprehensive work to capture the rise of moral
damages (non-pecuniary loss) in European contract law through a
historical and comparative analysis. Unique features of this study
include the first classification scheme of the systems into
liberal, moderate and conservative regimes, a taxonomy of
non-pecuniary loss drawn from a European-wide jurisprudence, and a
comprehensive bibliography of the subject. Written by a leading
academic on comparative law, Palmer's precise and practical
insights on Europe's leading cases will be of great interest to
academic researchers and practitioners alike.
Returning to a theme featured in some of the earlier volumes in the
Edinburgh Studies in Law series, this volume offers an in-depth
study of 'mixed jurisdictions' -- legal systems which combine
elements of the Anglo-American Common Law and the European Civil
Law traditions. This new collection of essays compares key areas of
private law in Scotland and Louisiana. In thirteen chapters,
written by distinguished scholars on both sides of the Atlantic, it
explores not only legal rules but also the reasons for the rules,
discussing legal history, social and cultural factors, and the law
in practice, in order to account for patterns of similarity and
difference. Contributions are drawn from the Law Schools of Tulane
University, Louisiana State University, Loyola University New
Orleans, the American University Washington DC, and the
Universities of Aberdeen, Strathclyde and Edinburgh. This title
will be of interest to students of comparative law at senior
undergraduate and postgraduate level, academics and researchers and
also those who are interested in the mixed jurisdictions for the
lessons they offer in the context of harmonisation of private law
in Europe.
A path-breaking and masterly study of Louisiana slave law, this
fascinating study offers an examination of the complex French,
Spanish, Roman and American heritage of Louisiana's law of slavery
and its codification, a profile of the first effort in modern
history to integrate slavery into a European-style civil code, the
1808 Digest of Orleans, a trailblazing study of the unwritten laws
of slavery and the legal impact of customs and practices developing
outside of the Codes, an analysis that overturns the previous
scholarly view that Roman law was the model for the Code Noir of
1685, a new unabridged translation (by Palmer) of the Code Noir of
1724 with the original French text on facing pages.
"A very useful addition to the growing literature on the law of
slavery, this book is particularly important in helping understand
the complexity of the Louisiana Code Noir and its impact on
American slave law. Palmer's discussion of how the Code came to be
written will surprise and educate those who read this book. "
--Paul Finkelman, John Hope Franklin Visiting Professor of American
Legal History Duke University School of Law and President William
McKinley Distinguished Professor of Law, Albany Law School
"When it comes to demystifying slave law in Louisiana, Vernon
Palmer is practically peerless. It's probably because he is equally
comfortable in the weeds of lived experience as he is poring over
the pages of classical learning. These masterful essays on the Code
Noir's origins, plus Louisiana's 150-year interplay between custom
and legal practice, belong on the shelf of anyone with the faintest
curiosity about human bondage and the laws fashioned to make it
work."
--Lawrence N. Powell, Professor Emeritus, Department of History,
Tulane University
"Slavery remains a current social and political problem, and Vernon
Palmer s brilliant work illuminates its history, showing its legal
and social complexity through a study primarily of Louisiana, where
slavery was included in the first civil codes. Beautifully written,
humane and insightful, this monograph will promote reflection on
the fascinating legal history of Louisiana as well as on the famous
Tannenbaum thesis."
--John W. Cairns, FRSE, Chair of Legal History, University of
Edinburgh
"Palmer has written a path-breaking and splendid account of how
Louisianians, newly under American rule, wrote the first modern
codes that incorporated slavery in a systematic way into their
civil law. Until now, ignored by scholars, these codifications
moved slavery from the edges of the legal system to the very center
stage in Louisiana courtrooms. The redactors of these codes
implanted provisions about slavery into the law of persons,
property, successions, sales and prescription, producing a unique
Atlantic World slave law of incomparable richness and complexity
unseen in other legal systems."
--Judith Kelleher Schafer author of Slavery, the Civil Law and the
Supreme Court of Louisiana and Becoming Free, Remaining Free:
Manumission and Enslavement in New Orleans, 1846-1862
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