The Bondsman's Burden
An Economic Analysis of the Common Law of Southern Slavery
Series: Cambridge Historical Studies in American Law and Society;
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Product details:
- Publisher Cambridge University Press
- Date of Publication 13 November 1997
- ISBN 9780521592383
- Binding Hardback
- No. of pages292 pages
- Size 236x160x23 mm
- Weight 580 g
- Language English
- Illustrations 3 tables 0
Categories
Short description:
This 1998 book presents a rigorous, compelling economic analysis of the common law of Southern slavery, inspecting thousands of legal disputes.
MoreLong description:
Were slaves property or human beings under the law? In crafting answers to this question, Southern judges designed efficient laws that protected property rights and helped slavery remain economically viable. But, by preserving property rights, they sheltered the persons embodied by that property - the slaves themselves. Slave law therefore had unintended consequences: it generated rules that judges could apply to free persons, precedents that became the foundation for laws designed to protect ordinary Americans. The Bondsman's Burden, first published in 1998, provides a rigorous and compelling economic analysis of the common law of Southern slavery, inspecting thousands of legal disputes heard in Southern antebellum courts, disputes involving servants, employees, accident victims, animals, and other chattel property, as well as slaves. The common law, although it supported the institution of slavery, did not favor every individual slave owner who brought a grievance to court.
"In The Bondsman's Burden, Jenny Wahl provides and insightful look at the antebellum South's legal system and how southern judges fashioned a jurisprudence of slavery vital to preserving the economic vitality of the institution. In affording this insight, Wahl also supplies an important look at the role of legal rules in the development and maintenance of economic institutions and processes." William and Mary Quarterly
Table of Contents:
1. American slavery and the path of the law; 2. The law of sales: slaves, animals, and commodities; 3. The law of hiring and employment: slaves, animals, and free persons; 4. The law regarding common carriers: slaves, animals, commodities, and free persons; 5. The law regarding governments, government officials, slave patrollers, and overseers: protecting private property versus keeping public peace; 6. The legal rights and responsibilities of strangers toward slaves, animals, and free persons; 7. Treatment of one's slaves, servants, animals, and relatives: legal boundaries and the problem of social cost; 8. The south's law of slavery: reflecting the felt necessities of the time.
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