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Slavery and the Law: The History of the Legal Systems and Cases that Enabled Slavery in the United States

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Slavery and the Law: The History of the Legal Systems and Cases that Enabled Slavery in the United States

4.85 15,898 ratings · 4,739 reviews
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Overview: One of the great ironies of the Enlightenment was that various societies produced the notion of the inalienable rights of man, bequeathed by God, alongside the long-established and deeply entrenched institution of slavery. The ideological bedrock of the French Revolution was the Declaration of the Rights of Man and of the Citizen, and the American Revolution produced the Declaration of Independence. The self-evident truth of both of these was simply that mankind was endowed by God with certain inalienable rights, the most important of which were freedom and equality. Yet, in both cases, slavery was accommodated. The conflict existed, on the one hand, in the recognition of basic human rights, and on the other, in guarantees of property rights.Ultimately, while the institution of slavery existed, the principle of protecting individual property rights prevailed, alongside a necessary acknowledgment that slaves were property first and sentient human beings second. It also required a great deal of careful drafting and verbal contortions to construct the Constitution for the young republic that supported those principles of freedom and equality while at the same time facilitating the perpetuation of the “peculiar institution.”It was not until 1865, with the adoption of the Thirteenth Amendment, the instrument that abolished slavery, that any overt mention of slavery found its way into the Constitution. Before that, direct reference was always carefully avoided, although, at the same time, unmistakably alluded to. The document is filled with provisions specific to slavery, protecting and codifying it on a federal level, without anywhere making direct or overt mention of it. By 1788, when the Constitution of the United States was formally adopted, slavery had been a fact of life in the colonies for 169 years, since the first recorded arrival of black Africans in Virginia in 1619. At that time, around the institution, had evolved a system of laws that were derived in the main from English common law. The irony here is that the regime of English common law was at its root hostile to the principle of human bondage, had no tradition of slavery to call upon, and was desirous on the whole to avoid making any overt judgment or pronouncement on the matter. It, therefore, fell to colonial lawmakers to resolve that essential contradiction between treating Africans as either people or property or both. This tension remained in play throughout the era of slavery in English-speaking America until the matter was finally resolved by the outcome of the American Civil War.The Compromise of 1850 was authored by the legendary Whig politician Henry Clay. In addition to admitting California to the Union as a free state to balance with Texas, it allowed Utah and New Mexico to decide the issue of slavery on the basis of what became known as “popular sovereignty”, which meant the settlers could vote on whether their state should be a free state or slave state. Though a Whig proposed popular sovereignty in 1850, popular sovereignty as an idea would come to be championed by and associated with Democratic Illinois Senator Stephen Douglas. The Compromise also abolished the slave trade – though not the existence of slavery itself – in Washington, D.C. The Whigs commended the Compromise, thinking it was a moderate, pragmatic proposal that did not decidedly extend the existence of slavery and put slow and steady limits on it. Furthermore, it made the preservation of the Union the top priority.As fate would have it, the refusal of Northern states to strictly apply the new fugitive slave law would be explicitly cited in several of the Southern states’ articles of secession in late 1860 and early 1861. In that regard, the Fugitive Slave Act ended up being one of the main tipping points that finally split the nation in two.

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Topics & Genres

Pages 104
Language Eng
Publisher Charles River Editors
Published N/A
ISBN 61381003
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Charles River Editors
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Charles River Editors is the author of several novels. Originally from the East Coast, they now live in the Midwest with family. In addition to writing, Charles River Editors enjoys gardening, cooking, and reading way past bedtime. Their work often explores the complexities of everyday life and human relationships.

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Michelle  Parker
Michelle Parker October 11, 2025
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Exceeded all my expectations. I became deeply invested in the protagonist's journey. A masterclass in storytelling. Worth every moment spent reading.
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Exceeded all my expectations. The pacing was impeccable and the characters felt incredibly authentic. I was completely immersed. I will undoubtedly revisit this masterpiece.
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I was completely blown away. It strikes a perfect harmony of dialogue and world-building. Every chapter felt necessary. An absolute must-read for connoisseurs of the genre.
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Exceeded all my expectations. I adored how the story unfolded. It kept me captivated without sacrificing elegance. Worth every moment spent reading.
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Exceeded all my expectations. The author orchestrated a breathtaking finale. Truly a work of art. An effortless 5 stars.
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Such a rich narrative. I adored how the story unfolded. It kept me captivated without sacrificing elegance. Worth every moment spent reading.
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Such a rich narrative. It strikes a perfect harmony of dialogue and world-building. Every chapter felt necessary. Worth every moment spent reading.
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I was completely blown away. The pacing was impeccable and the characters felt incredibly authentic. I was completely immersed. An absolute must-read for connoisseurs of the genre.
Dorothy Torres
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A very strong entry. A brilliant concept executed with flair. Just a few pacing choices I would change. A wonderful companion for a quiet weekend.
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I thoroughly enjoyed the elegance of it. The middle had a deliberate pace, but the climax was phenomenal. A very distinguished novel.
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Such a rich narrative. It strikes a perfect harmony of dialogue and world-building. Every chapter felt necessary. A true literary gem.
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Honestly one of the most premium reading experiences lately. I adored how the story unfolded. It kept me captivated without sacrificing elegance. Worth every moment spent reading.
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Charles King
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Exceeded all my expectations. I became deeply invested in the protagonist's journey. A masterclass in storytelling. An effortless 5 stars.
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A very strong entry. It held my rapt attention, even when certain twists were telegraphed. A solid 4 stars from me.
Margaret White
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Exceeded all my expectations. The author orchestrated a breathtaking finale. Truly a work of art. I will undoubtedly revisit this masterpiece.
Karen Nguyen
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Masterpiece from start to finish. It strikes a perfect harmony of dialogue and world-building. Every chapter felt necessary. I will undoubtedly revisit this masterpiece.
Thomas Reyes
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Masterpiece from start to finish. The pacing was impeccable and the characters felt incredibly authentic. I was completely immersed. I will undoubtedly revisit this masterpiece.
Jacob Miller
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A highly sophisticated read. It held my rapt attention, even when certain twists were telegraphed. A wonderful companion for a quiet weekend.
Thomas Wilson
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I was completely blown away. The author orchestrated a breathtaking finale. Truly a work of art. An effortless 5 stars.
Nicholas Garcia
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I thoroughly enjoyed the elegance of it. It held my rapt attention, even when certain twists were telegraphed. A wonderful companion for a quiet weekend.
Robert Rivera
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I was completely blown away. I adored how the story unfolded. It kept me captivated without sacrificing elegance. An absolute must-read for connoisseurs of the genre.
Jacob Robinson
Jacob Robinson November 27, 2024
Honestly one of the most premium reading experiences lately. The prose is exquisite. It’s accessible yet undeniably sophisticated. An effortless 5 stars.
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Cynthia Martin May 29, 2024
I find myself somewhat conflicted. It verged on repetitive in the second act. A more concise edit would have served it well. Unlikely to reread, but a reasonable expenditure of time.
Stephanie Lopez
Stephanie Lopez May 17, 2025
Exceeded all my expectations. I adored how the story unfolded. It kept me captivated without sacrificing elegance. An effortless 5 stars.
William Moore
William Moore July 06, 2024
Masterpiece from start to finish. The pacing was impeccable and the characters felt incredibly authentic. I was completely immersed. I will undoubtedly revisit this masterpiece.
Gary Jones
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A very strong entry. The protagonist was compelling, though some subplots felt slightly overshadowed. Quite impressive overall.
Linda Phillips
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Excellent, though slightly flawed. The protagonist was compelling, though some subplots felt slightly overshadowed. A very distinguished novel.
Paul Thompson
Paul Thompson April 02, 2024
Excellent, though slightly flawed. The protagonist was compelling, though some subplots felt slightly overshadowed. A solid 4 stars from me.
Andrew Johnson
Andrew Johnson November 12, 2025
Absolutely brilliant. I became deeply invested in the protagonist's journey. A masterclass in storytelling. An effortless 5 stars.
Sharon Rodriguez
Sharon Rodriguez May 27, 2025
Such a rich narrative. The prose is exquisite. It’s accessible yet undeniably sophisticated. I will undoubtedly revisit this masterpiece.
Emily Edwards
Emily Edwards December 24, 2024
Such a rich narrative. I adored how the story unfolded. It kept me captivated without sacrificing elegance. An absolute must-read for connoisseurs of the genre.
Richard  Parker
Richard Parker April 05, 2025
I find myself somewhat conflicted. The prose was competent, yet the characters lacked the depth I usually seek. Suitable if your reading queue is empty.
William Brown
William Brown October 02, 2024
Such a rich narrative. I adored how the story unfolded. It kept me captivated without sacrificing elegance. An effortless 5 stars.
Joseph Clark
Joseph Clark June 30, 2025
I thoroughly enjoyed the elegance of it. It held my rapt attention, even when certain twists were telegraphed. I would highly recommend this to discerning readers.
David Roberts
David Roberts November 13, 2024
I thoroughly enjoyed the elegance of it. It held my rapt attention, even when certain twists were telegraphed. A wonderful companion for a quiet weekend.
Nancy Martin
Nancy Martin July 04, 2025
Such a rich narrative. The pacing was impeccable and the characters felt incredibly authentic. I was completely immersed. An effortless 5 stars.
Nicholas Robinson
Nicholas Robinson May 26, 2025
I find myself somewhat conflicted. It verged on repetitive in the second act. A more concise edit would have served it well. A fair 3 stars.
Cynthia Roberts
Cynthia Roberts November 21, 2024
Absolutely brilliant. I became deeply invested in the protagonist's journey. A masterclass in storytelling. I am now a lifelong fan of this author.
Donna Lee
Donna Lee June 21, 2025
Excellent, though slightly flawed. The middle had a deliberate pace, but the climax was phenomenal. Quite impressive overall.
Sharon Garcia
Sharon Garcia October 07, 2025
Honestly one of the most premium reading experiences lately. It strikes a perfect harmony of dialogue and world-building. Every chapter felt necessary. An effortless 5 stars.
George Johnson
George Johnson November 30, 2024
A highly sophisticated read. The middle had a deliberate pace, but the climax was phenomenal. A wonderful companion for a quiet weekend.
James Wilson
James Wilson November 01, 2025
Honestly one of the most premium reading experiences lately. It strikes a perfect harmony of dialogue and world-building. Every chapter felt necessary. An absolute must-read for connoisseurs of the genre.
Susan Martin
Susan Martin May 12, 2025
A very strong entry. The protagonist was compelling, though some subplots felt slightly overshadowed. A wonderful companion for a quiet weekend.
James Carter
James Carter March 17, 2024
Not entirely to my refined tastes. The prose was competent, yet the characters lacked the depth I usually seek. A fair 3 stars.
Deborah Carter
Deborah Carter January 18, 2025
Absolutely brilliant. I adored how the story unfolded. It kept me captivated without sacrificing elegance. Worth every moment spent reading.
Jessica Martin
Jessica Martin August 10, 2025
Exceeded all my expectations. The author orchestrated a breathtaking finale. Truly a work of art. A true literary gem.
Michelle Williams
Michelle Williams October 27, 2025
A decent, if standard, experience. The prose was competent, yet the characters lacked the depth I usually seek. Suitable if your reading queue is empty.
Christopher  Parker
Christopher Parker October 28, 2025
Exceeded all my expectations. The prose is exquisite. It’s accessible yet undeniably sophisticated. Worth every moment spent reading.
Deborah Thomas
Deborah Thomas August 20, 2025
Took a moment to build, but the payoff was spectacular. Beautiful writing, though I craved slightly more depth in the lore. Still, undeniably engaging. A very distinguished novel.
Donald Lewis
Donald Lewis May 03, 2025
Exceeded all my expectations. It strikes a perfect harmony of dialogue and world-building. Every chapter felt necessary. I will undoubtedly revisit this masterpiece.
Emily Thomas
Emily Thomas August 05, 2025
Exceeded all my expectations. I adored how the story unfolded. It kept me captivated without sacrificing elegance. An absolute must-read for connoisseurs of the genre.
Steven Rodriguez
Steven Rodriguez September 27, 2025
Excellent, though slightly flawed. A brilliant concept executed with flair. Just a few pacing choices I would change. A wonderful companion for a quiet weekend.
Matthew Martin
Matthew Martin August 01, 2025
Took a moment to build, but the payoff was spectacular. The protagonist was compelling, though some subplots felt slightly overshadowed. A very distinguished novel.
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