Slavery and Mastery in the Antebellum Southern Courtroom

Author: Ariela J. Gross

Publisher: University of Georgia Press

ISBN: 082032860X

Category: History

Page: 263

View: 1811

This groundbreaking study of the law and culture of slavery in the antebellum Deep South takes readers into local courtrooms where people settled their civil disputes over property. Buyers sued sellers for breach of warranty when they considered slaves to be physically or morally defective; owners sued supervisors who whipped or neglected slaves under their care. How, asks Ariela J. Gross, did communities reconcile the dilemmas such trials raised concerning the character of slaves and masters? Although slaves could not testify in court, their character was unavoidably at issue--and so their moral agency intruded into the courtroom. In addition, says Gross, "wherever the argument that black character depended on management by a white man appeared, that white man's good character depended on the demonstration that bad black character had other sources." This led, for example, to physicians testifying that pathologies, not any shortcomings of their master, drove slaves to became runaways. Gross teases out other threads of complexity woven into these trials: the ways that legal disputes were also affairs of honor between white men; how witnesses and litigants based their views of slaves' character on narratives available in the culture at large; and how law reflected and shaped racial ideology. Combining methods of cultural anthropology, quantitative social history, and critical race theory, Double Character brings to life the law as a dramatic ritual in people's daily lives, and advances critical historical debates about law, honor, and commerce in the American South.
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People of Color in the Antebellum South

Author: Emily West

Publisher: University Press of Kentucky

ISBN: 081313692X

Category: Social Science

Page: 233

View: 8856

In the antebellum South, the presence of free people of color was problematic to the white population. Not only were they possible assistants to enslaved people and potential members of the labor force; their very existence undermined popular justifications for slavery. It is no surprise that, by the end of the Civil War, nine Southern states had enacted legal provisions for the "voluntary" enslavement of free blacks. What is surprising to modern sensibilities and perplexing to scholars is that some individuals did petition to rescind their freedom. Family or Freedom investigates the incentives for free African Americans living in the antebellum South to sacrifice their liberty for a life in bondage. Author Emily West looks at the many factors influencing these dire decisions -- from desperate poverty to the threat of expulsion -- and demonstrates that the desire for family unity was the most important consideration for African Americans who submitted to voluntary enslavement. The first study of its kind to examine the phenomenon throughout the South, this meticulously researched volume offers the most thorough exploration of this complex issue to date.
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Slavery and Mastery in the Antebellum Southern Courtroom

Author: Ariela J. Gross

Publisher: University of Georgia Press

ISBN: 082032860X

Category: History

Page: 263

View: 3989

This groundbreaking study of the law and culture of slavery in the antebellum Deep South takes readers into local courtrooms where people settled their civil disputes over property. Buyers sued sellers for breach of warranty when they considered slaves to be physically or morally defective; owners sued supervisors who whipped or neglected slaves under their care. How, asks Ariela J. Gross, did communities reconcile the dilemmas such trials raised concerning the character of slaves and masters? Although slaves could not testify in court, their character was unavoidably at issue--and so their moral agency intruded into the courtroom. In addition, says Gross, "wherever the argument that black character depended on management by a white man appeared, that white man's good character depended on the demonstration that bad black character had other sources." This led, for example, to physicians testifying that pathologies, not any shortcomings of their master, drove slaves to became runaways. Gross teases out other threads of complexity woven into these trials: the ways that legal disputes were also affairs of honor between white men; how witnesses and litigants based their views of slaves' character on narratives available in the culture at large; and how law reflected and shaped racial ideology. Combining methods of cultural anthropology, quantitative social history, and critical race theory, Double Character brings to life the law as a dramatic ritual in people's daily lives, and advances critical historical debates about law, honor, and commerce in the American South.
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Mixed-Race Inheritance in the Antebellum South

Author: Bernie D. Jones

Publisher: University of Georgia Press

ISBN: 9780820342306

Category: History

Page: 216

View: 7280

Fathers of Conscience examines high-court decisions in the antebellum South that involved wills in which white male planters bequeathed property, freedom, or both to women of color and their mixed-race children. These men, whose wills were contested by their white relatives, had used trusts and estates law to give their slave partners and children official recognition and thus circumvent the law of slavery. The will contests that followed determined whether that elevated status would be approved or denied by courts of law. Bernie D. Jones argues that these will contests indicated a struggle within the elite over race, gender, and class issues--over questions of social mores and who was truly family. Judges thus acted as umpires after a man's death, deciding whether to permit his attempts to provide for his slave partner and family. Her analysis of these differing judicial opinions on inheritance rights for slave partners makes an important contribution to the literature on the law of slavery in the United States.
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Proslavery Academic Thought and Southern Jurisprudence, 1831-1861

Author: Alfred L. Brophy

Publisher: Oxford University Press

ISBN: 0199964238

Category: History

Page: 373

View: 9666

Alfred L. Brophy's University, Court, and Slave reveals long-forgotten connections between pre-Civil War southern universities and slavery. Universities and their faculty owned people - sometimes dozens of people - and profited from their labor while many were physically abused on theircampuses. Education was often paid for through the profits of enslaved labor. University faculty - and students - also promoted the institution of slavery. They wrote about the history of slavery, its central role in the southern economy, and developed a political theory that justified keeping somepeople in slavery. The university faculty spoke a common language of economic utility, history, and philosophy with those who made the laws for the southern states. That extensive writing promoting slavery helps us understand how southern politicians and judges thought about slavery.As antislavery rhetoric gained momentum, southern academics and their allies in the courts became bolder in their claims. Some went so far as to say that slavery was supported by natural law. The combination of economic reasoning and historical precedent helped shape a southern, proslaveryjurisprudence. Following Lincoln's November 1860 election southern academics joined politicians, judges, lawyers, and other leaders to argue that their economy and society was threatened. Southern jurisprudence led them to believe that any threats to slavery and property justified secession. In somecases, academics took their case to the southern public and, in one case, to the battlefield, to defend slavery.
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Author: Peter Charles Hoffer

Publisher: JHU Press

ISBN: 9780801858161

Category: History

Page: 193

View: 3055

This revised edition of Law and People in Colonial America will incorporate recent scholarship and encompass American Indians, the French, and Spaniards as people who—on the fringes of English settlement—raised interesting questions. Among them: how in legal terms did the English deal with "marginal"societies; how does this posture help us to understand English law and the changes the New World forced upon it; and how did these people on the outside themselves view English law?
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Law, Abolitionism, and Print Culture

Author: Jeannine Marie DeLombard

Publisher: Univ of North Carolina Press

ISBN: 9780807887738

Category: History

Page: 344

View: 944

America's legal consciousness was high during the era that saw the imprisonment of abolitionist editor William Lloyd Garrison, the execution of slave revolutionary Nat Turner, and the hangings of John Brown and his Harpers Ferry co-conspirators. Jeannine Marie DeLombard examines how debates over slavery in the three decades before the Civil War employed legal language to "try" the case for slavery in the court of public opinion via popular print media. Discussing autobiographies by Frederick Douglass, a scandal narrative about Sojourner Truth, an abolitionist speech by Henry David Thoreau, sentimental fiction by Harriet Beecher Stowe, and a proslavery novel by William MacCreary Burwell, DeLombard argues that American literature of the era cannot be fully understood without an appreciation for the slavery debate in the courts and in print. Combining legal, literary, and book history approaches, Slavery on Trial provides a refreshing alternative to the official perspectives offered by the nation's founding documents, legal treatises, statutes, and judicial decisions. DeLombard invites us to view the intersection of slavery and law as so many antebellum Americans did--through the lens of popular print culture.
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Author: Evelyn Nakano GLENN

Publisher: Harvard University Press

ISBN: 9780674037649

Category: Social Science

Page: 318

View: 742

The inequalities that persist in America have deep historical roots. Evelyn Nakano Glenn untangles this complex history in a unique comparative regional study from the end of Reconstruction to the eve of World War II. During this era the country experienced enormous social and economic changes with the abolition of slavery, rapid territorial expansion, and massive immigration, and struggled over the meaning of free labor and the essence of citizenship as people who previously had been excluded sought the promise of economic freedom and full political rights. After a lucid overview of the concepts of the free worker and the independent citizen at the national level, Glenn vividly details how race and gender issues framed the struggle over labor and citizenship rights at the local level between blacks and whites in the South, Mexicans and Anglos in the Southwest, and Asians and haoles (the white planter class) in Hawaii. She illuminates the complex interplay of local and national forces in American society and provides a dynamic view of how labor and citizenship were defined, enforced, and contested in a formative era for white-nonwhite relations in America.
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The Rise, Fall, and Deadly Persistence of the Product That Defined America

Author: Allan Brandt

Publisher: Basic Books

ISBN: 0786721901

Category: History

Page: 640

View: 1662

From agriculture to big business, from medicine to politics, The Cigarette Century is the definitive account of how smoking came to be so deeply implicated in our culture, science, policy, and law. No product has been so heavily promoted or has become so deeply entrenched in American consciousness. The Cigarette Century shows in striking detail how one ephemeral (and largely useless) product came to play such a dominant role in so many aspects of our lives—and deaths.
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Author: Ariela Julie Gross

Publisher: Harvard University Press

ISBN: 0674037979

Category: History

Page: 380

View: 9481

Unearthing the legal history of racial identity, Gross’s book examines the paradoxical and often circular relationship of race and the perceived capacity for citizenship in American society.
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Gender, Punishment, and the Making of Jim Crow Modernity

Author: Sarah Haley

Publisher: UNC Press Books

ISBN: 1469627604

Category: Social Science

Page: 360

View: 3176

In the late nineteenth and early twentieth centuries imprisoned black women faced wrenching forms of gendered racial terror and heinous structures of economic exploitation. Subjugated as convict laborers and forced to serve additional time as domestic workers before they were allowed their freedom, black women faced a pitiless system of violence, terror, and debasement. Drawing upon black feminist criticism and a diverse array of archival materials, Sarah Haley uncovers imprisoned women's brutalization in local, county, and state convict labor systems, while also illuminating the prisoners' acts of resistance and sabotage, challenging ideologies of racial capitalism and patriarchy and offering alternative conceptions of social and political life. A landmark history of black women's imprisonment in the South, this book recovers stories of the captivity and punishment of black women to demonstrate how the system of incarceration was crucial to organizing the logics of gender and race, and constructing Jim Crow modernity.
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Spectacle, Skill, and Self-promotion in Paris During the Age of Revolution

Author: Paul Metzner

Publisher: Univ of California Press

ISBN: 9780520206847

Category: History

Page: 385

View: 2312

During the Age of Revolution, Paris came alive with wildly popular virtuoso performances. Whether the performers were musicians or chefs, chess players or detectives, these virtuosos transformed their technical skills into dramatic spectacles, presenting the marvelous and the outr for spellbound audiences. Who these characters were, how they attained their fame, and why Paris became the focal point of their activities is the subject of Paul Metzner's absorbing study. Covering the years 1775 to 1850, Metzner describes the careers of a handful of virtuosos: chess masters who played several games at once; a chef who sculpted hundreds of four-foot-tall architectural fantasies in sugar; the first police detective, whose memoirs inspired the invention of the detective story; a violinist who played whole pieces on a single string. He examines these virtuosos as a group in the context of the society that was then the capital of Western civilization. During the Age of Revolution, Paris came alive with wildly popular virtuoso performances. Whether the performers were musicians or chefs, chess players or detectives, these virtuosos transformed their technical skills into dramatic spectacles, presenting the marvelous and the outr for spellbound audiences. Who these characters were, how they attained their fame, and why Paris became the focal point of their activities is the subject of Paul Metzner's absorbing study. Covering the years 1775 to 1850, Metzner describes the careers of a handful of virtuosos: chess masters who played several games at once; a chef who sculpted hundreds of four-foot-tall architectural fantasies in sugar; the first police detective, whose memoirs inspired the invention of the detective story; a violinist who played whole pieces on a single string. He examines these virtuosos as a group in the context of the society that was then the capital of Western civilization.
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From Badness to Sickness

Author: Peter Conrad,Joseph W. Schneider

Publisher: Temple University Press

ISBN: 9781439903490

Category: Social Science

Page: 352

View: 5077

A classic text on deviance is updated and reissued.
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Author: Alan Watson

Publisher: University of Pennsylvania Press

ISBN: 151282156X

Category: Language Arts & Disciplines

Page: 192

View: 3311

Why is the law notoriously unclear, arcane, slow to change in the face of changing circumstances? In this sweeping comparative analysis of the lawmaking process from ancient Rome to the present day, Alan Watson argues that the answer has largely to do with the mixed ancestry of modern law, the confusion of sources—custom, legislation, scholarly writing, and judicial precedent—from which it derives.
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America's Unfinished Revolution, 1863-1877

Author: Eric Foner

Publisher: Harper Collins

ISBN: 9780062035868

Category: History

Page: 736

View: 9879

Newly Reissued with a New Introduction: From the "preeminent historian of Reconstruction" (New York Times Book Review), a newly updated edition of the prize-winning classic work on the post-Civil War period which shaped modern America. Eric Foner's "masterful treatment of one of the most complex periods of American history" (New Republic) redefined how the post-Civil War period was viewed. Reconstruction chronicles the way in which Americans—black and white—responded to the unprecedented changes unleashed by the war and the end of slavery. It addresses the ways in which the emancipated slaves' quest for economic autonomy and equal citizenship shaped the political agenda of Reconstruction; the remodeling of Southern society and the place of planters, merchants, and small farmers within it; the evolution of racial attitudes and patterns of race relations; and the emergence of a national state possessing vastly expanded authority and committed, for a time, to the principle of equal rights for all Americans. This "smart book of enormous strengths" (Boston Globe) remains the standard work on the wrenching post-Civil War period—an era whose legacy still reverberates in the United States today.
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Egypt, Great Britain, and the Mastery of the Sudan

Author: Eve Troutt Powell

Publisher: Univ of California Press

ISBN: 0520233174

Category: History

Page: 260

View: 4672

Annotation A history of the three-way colonial relationship among Britain, Egypt, and the Sudan in the late 19th and early 20th centuries. Unlike most books on colonialism, this one deals explicitly with race and slavery.
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A Clash of Race and Memory

Author: William Fitzhugh Brundage

Publisher: Harvard University Press

ISBN: 9780674028982

Category: History

Page: 432

View: 5881

Since the Civil War whites and blacks have struggled over the meanings and uses of the Southern past. Indeed, today's controversies over flying the Confederate flag, renaming schools and streets, and commemorating the Civil War and the civil rights movement are only the latest examples of this ongoing divisive contest over issues of regional identity and heritage. "The Southern Past" argues that these battles are ultimately about who has the power to determine what we remember of the past, and whether that remembrance will honor all Southerners or only select groups. For more than a century after the Civil War, elite white Southerners systematically refined a version of the past that sanctioned their racial privilege and power. In the process, they filled public spaces with museums and monuments that made their version of the past sacrosanct. Yet, even as segregation and racial discrimination worsened, blacks contested the white version of Southern history and demanded inclusion. Streets became sites for elaborate commemorations of emancipation and schools became centers for the study of black history. This counter-memory surged forth, and became a potent inspiration for the civil rights movement and the black struggle to share a common Southern past rather than a divided one. W. Fitzhugh Brundage's searing exploration of how those who have the political power to represent the past simultaneously shape the present and determine the future is a valuable lesson as we confront our national past to meet the challenge of current realities.
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Beyond the Politics of Rights

Author: John Brigham

Publisher: NYU Press

ISBN: 0814786227

Category: Political Science

Page: 238

View: 4175

Many of America's most important social and political movements--abolition, women's suffragette, civil rights, women's liberation, gay and lesbian rights--have organized in the shadow of the law. All are based in their theoretical opposition to the law. Yet at the same time, they are dependent on the laws that prohibit them. Law is thus formed as much through the dynamic tensions that govern how these laws are received as through their official decree. Legal forms such as contracts, property, and rights also constitute social and political life because they structure our world. John Brigham here focuses on four ideological movements and their strategies, among them the struggle over the closing of gay bathhouses in the early years of the AIDS crisis and the radical feminist use of rage and radical consciousness in anti- pornography campaigns. The effect of law on politics, Brigham convincingly reveals, is pervasive precisely because political life finds its expression in a surprising variety of legal forms.
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Author: Pinar Batur,Joe R. Feagin

Publisher: Springer

ISBN: 3319767577

Category: Social Science

Page: 434

View: 1306

The study of racial and ethnic relations has become one of the most written about aspects in sociology and sociological research. In both North America and Europe, many "traditional" cultures are feeling threatened by immigrants from Latin America, Africa and Asia. This handbook is a true international collaboration looking at racial and ethnic relations from an academic perspective. It starts from the principle that sociology is at the hub of the human sciences concerned with racial and ethnic relations.
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Art, Activism, and Technoscience

Author: Beatriz Da Costa,Kavita Philip

Publisher: MIT Press

ISBN: 0262514915

Category: Art

Page: 536

View: 9870

Scientists, scholars, and artists consider the political significance of recent advances in the biological sciences.
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