Liberty, Slavery and the Law in Early Modern Western Europe PDF Download
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Author: Filip Batselé
Publisher: Springer Nature
ISBN: 3030368556
Category : Law
Languages : en
Pages : 232
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Book Description
This book investigates the legal evolution of the “free soil principle” in England, France and the Low Countries during the Early Modern period (ca. 1500–1800), which essentially stated that, as soon as slaves entered a certain country, they would immediately gain their freedom. This book synthesizes the existing literature on the origins and evolution of the principle, adds new insights by drawing on previously undiscussed primary sources on the development of free soil in the Low Countries and employs a pan-Western, European and comparative approach to identify and explain the differences and similarities in the application of this principle in France, England and the Low Countries. Divided into four sections, the book begins with a brief introduction to the subject matter, putting it in its historical context. Slavery is legally defined, using the established international law definition, and both the status of slavery in Europe before the Early Modern Period and the Atlantic slave trade are discussed. Secondly, the book assesses the legal origins of the free soil principle in England, France and the Low Countries during the period 1500–1650 and discusses the legal repercussions of slaves coming to England, France and the Low Countries from other countries, where the institution was legally recognized. Thirdly, it addresses the further development of the free soil principle during the period 1650–1800. In the fourth and last section, the book uses the insights gained to provide a pan-Western, European and comparative perspective on the origins and application of the free soil principle in Western Europe. In this regard, it compares the origins of free soil for the respective countries discussed, as well as its application during the heyday of the Atlantic slave trade. This perspective makes it possible to explain some of the divergences in approaches between the countries examined and represents the first-ever full-scale country comparison on this subject in a book.
Author: Filip Batselé
Publisher: Springer Nature
ISBN: 3030368556
Category : Law
Languages : en
Pages : 232
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Book Description
This book investigates the legal evolution of the “free soil principle” in England, France and the Low Countries during the Early Modern period (ca. 1500–1800), which essentially stated that, as soon as slaves entered a certain country, they would immediately gain their freedom. This book synthesizes the existing literature on the origins and evolution of the principle, adds new insights by drawing on previously undiscussed primary sources on the development of free soil in the Low Countries and employs a pan-Western, European and comparative approach to identify and explain the differences and similarities in the application of this principle in France, England and the Low Countries. Divided into four sections, the book begins with a brief introduction to the subject matter, putting it in its historical context. Slavery is legally defined, using the established international law definition, and both the status of slavery in Europe before the Early Modern Period and the Atlantic slave trade are discussed. Secondly, the book assesses the legal origins of the free soil principle in England, France and the Low Countries during the period 1500–1650 and discusses the legal repercussions of slaves coming to England, France and the Low Countries from other countries, where the institution was legally recognized. Thirdly, it addresses the further development of the free soil principle during the period 1650–1800. In the fourth and last section, the book uses the insights gained to provide a pan-Western, European and comparative perspective on the origins and application of the free soil principle in Western Europe. In this regard, it compares the origins of free soil for the respective countries discussed, as well as its application during the heyday of the Atlantic slave trade. This perspective makes it possible to explain some of the divergences in approaches between the countries examined and represents the first-ever full-scale country comparison on this subject in a book.
Author: Mary Nyquist
Publisher: University of Chicago Press
ISBN: 022601553X
Category : Philosophy
Languages : en
Pages : 436
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Book Description
Slavery appears as a figurative construct during the English revolution of the mid-seventeenth century, and again in the American and French revolutions, when radicals represent their treatment as a form of political slavery. What, if anything, does figurative, political slavery have to do with transatlantic slavery? In Arbitrary Rule, Mary Nyquist explores connections between political and chattel slavery by excavating the tradition of Western political thought that justifies actively opposing tyranny. She argues that as powerful rhetorical and conceptual constructs, Greco-Roman political liberty and slavery reemerge at the time of early modern Eurocolonial expansion; they help to create racialized “free” national identities and their “unfree” counterparts in non-European nations represented as inhabiting an earlier, privative age. Arbitrary Rule is the first book to tackle political slavery’s discursive complexity, engaging Eurocolonialism, political philosophy, and literary studies, areas of study too often kept apart. Nyquist proceeds through analyses not only of texts that are canonical in political thought—by Aristotle, Cicero, Hobbes, and Locke—but also of literary works by Euripides, Buchanan, Vondel, Montaigne, and Milton, together with a variety of colonialist and political writings, with special emphasis on tracts written during the English revolution. She illustrates how “antityranny discourse,” which originated in democratic Athens, was adopted by republican Rome, and revived in early modern Western Europe, provided members of a “free” community with a means of protesting a threatened reduction of privileges or of consolidating a collective, political identity. Its semantic complexity, however, also enabled it to legitimize racialized enslavement and imperial expansion. Throughout, Nyquist demonstrates how principles relating to political slavery and tyranny are bound up with a Roman jurisprudential doctrine that sanctions the power of life and death held by the slaveholder over slaves and, by extension, the state, its representatives, or its laws over its citizenry.
Author: Antonio Padoa-Schioppa
Publisher: Cambridge University Press
ISBN: 1107180694
Category : History
Languages : en
Pages : 823
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Book Description
The first English translation of a comprehensive legal history of Europe from the early middle ages to the twentieth century, encompassing both the common aspects and the original developments of different countries. As well as legal scholars and professionals, it will appeal to those interested in the general history of European civilisation.
Author: Lysander Spooner
Publisher: ReadHowYouWant.com
ISBN:
Category : Slavery
Languages : en
Pages : 168
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Book Description
Author: Albrecht Classen
Publisher: Walter de Gruyter GmbH & Co KG
ISBN: 3110731797
Category : History
Languages : en
Pages : 320
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Book Description
Contrary to common assumptions, medieval and early modern writers and poets often addressed the high value of freedom, whether we think of such fable authors as Marie de France or Ulrich Bonerius. Similarly, medieval history knows of numerous struggles by various peoples to maintain their own freedom or political independence. Nevertheless, as this study illustrates, throughout the pre-modern period, the loss of freedom could happen quite easily, affecting high and low (including kings and princes) and there are many literary texts and historical documents that address the problems of imprisonment and even enslavement (Georgius of Hungary, Johann Schiltberger, Hans Ulrich Krafft, etc.). Simultaneously, philosophers and theologians discussed intensively the fundamental question regarding free will (e.g., Augustine) and political freedom (e.g., John of Salisbury). Moreover, quite a large number of major pre-modern poets spent a long time in prison where they composed some of their major works (Boethius, Marco Polo, Charles d'Orléans, Thomas Malory, etc.). This book brings to light a vast range of relevant sources that confirm the existence of this fundamental and impactful discourse on freedom, imprisonment, and enslavement.
Author: Herman L. Bennett
Publisher: University of Pennsylvania Press
ISBN: 0812295498
Category : History
Languages : en
Pages : 329
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Book Description
A thought-provoking reappraisal of the first European encounters with Africa As early as 1441, and well before other European countries encountered Africa, small Portuguese and Spanish trading vessels were plying the coast of West Africa, where they conducted business with African kingdoms that possessed significant territory and power. In the process, Iberians developed an understanding of Africa's political landscape in which they recognized specific sovereigns, plotted the extent and nature of their polities, and grouped subjects according to their ruler. In African Kings and Black Slaves, Herman L. Bennett mines the historical archives of Europe and Africa to reinterpret the first century of sustained African-European interaction. These encounters were not simple economic transactions. Rather, according to Bennett, they involved clashing understandings of diplomacy, sovereignty, and politics. Bennett unearths the ways in which Africa's kings required Iberian traders to participate in elaborate diplomatic rituals, establish treaties, and negotiate trade practices with autonomous territories. And he shows how Iberians based their interpretations of African sovereignty on medieval European political precepts grounded in Roman civil and canon law. In the eyes of Iberians, the extent to which Africa's polities conformed to these norms played a significant role in determining who was, and who was not, a sovereign people—a judgment that shaped who could legitimately be enslaved. Through an examination of early modern African-European encounters, African Kings and Black Slaves offers a reappraisal of the dominant depiction of these exchanges as being solely mediated through the slave trade and racial difference. By asking in what manner did Europeans and Africans configure sovereignty, polities, and subject status, Bennett offers a new depiction of the diasporic identities that had implications for slaves' experiences in the Americas.
Author: Harry Potter
Publisher: Boydell & Brewer Ltd
ISBN: 178327011X
Category : Law
Languages : en
Pages : 364
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Book Description
Throughout English history the rule of law and the preservation of liberty have been inseparable, and both are intrinsic to England's constitution. This accessible and entertaining history traces the growth of the law from its beginnings in Anglo-Saxon times to the present day. It shows how the law evolved from a means of ensuring order and limiting feuds to become a supremely sophisticated dispenser of justice and the primary guardian of civil liberties. This development owed much to the English kings and their judiciary, who, in the twelfth century, forged a unified system of law - predating that of any other European country - from almost wholly Anglo-Saxon elements. Yet by the seventeenth century this royal offspring - Oedipus Lex it could be called - was capable of regicide. Since then the law has had a somewhat fractious relationship with that institution upon which the regal mantle of supreme power descended, Parliament. This book tells the story of the common law not merely by describing major developments but by concentrating on prominent personalities and decisive cases relating to the constitution, criminal jurisprudence, and civil liberties. It investigates the great constitutional conflicts, the rise of advocacy, and curious and important cases relating to slavery, insanity, obscenity, cannibalism, the death penalty, and miscarriages of justice. The book concludes by examining the extension of the law into the prosecution of war criminals and protection of universal human rights and the threats posed by over-reaction to national emergencies and terrorism. Devoid of jargon and replete with good stories, Law, Liberty and the Constitution represents a new approach to the telling of legal history and will be of interest to anyone wishing to know more about the common law - the spinal cord of the English body politic. Harry Potter is a former fellow of Selwyn College, Cambridge and a practising barrister specialising in criminal defence. He has authored books on the death penalty and Scottish history and wrote and presented an award-winning series on the history of the common law for the BBC.
Author: Albrecht Classen
Publisher: Lexington Books
ISBN: 1666941220
Category : Literary Criticism
Languages : en
Pages : 301
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Book Description
Examining literary narratives from the tenth through the fifteenth centuries, this book explores how writers used their craft to voice harsh criticism of the ruling class and unearths a deep distrust of kings and other authority figures during the Middle Ages.
Author: Jorge Canizares-Esguerra
Publisher: University of Pennsylvania Press
ISBN: 0812208137
Category : History
Languages : en
Pages : 382
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Book Description
During the era of the Atlantic slave trade, vibrant port cities became home to thousands of Africans in transit. Free and enslaved blacks alike crafted the necessary materials to support transoceanic commerce and labored as stevedores, carters, sex workers, and boarding-house keepers. Even though Africans continued to be exchanged as chattel, urban frontiers allowed a number of enslaved blacks to negotiate the right to hire out their own time, often greatly enhancing their autonomy within the Atlantic commercial system. In The Black Urban Atlantic in the Age of the Slave Trade, eleven original essays by leading scholars from the United States, Europe, and Latin America chronicle the black experience in Atlantic ports, providing a rich and diverse portrait of the ways in which Africans experienced urban life during the era of plantation slavery. Describing life in Portugal, Brazil, Mexico, the Caribbean, and Africa, this volume illuminates the historical identity, agency, and autonomy of the African experience as well as the crucial role Atlantic cities played in the formation of diasporic cultures. By shifting focus away from plantations, this volume poses new questions about the nature of slavery in the sixteenth to nineteenth centuries, illustrating early modern urban spaces as multiethnic sites of social connectivity, cultural incubation, and political negotiation. Contributors: Trevor Burnard, Mariza de Carvalho Soares, Matt D. Childs, Kevin Dawson, Roquinaldo Ferreira, David Geggus, Jane Landers, Robin Law, David Northrup, João José Reis, James H. Sweet, Nicole von Germeten.
Author: Robin Blackburn
Publisher: Verso
ISBN: 9781859841952
Category : History
Languages : en
Pages : 612
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Book Description
At the time when European powers colonized the Americas, the institution of slavery had almost disappeared from Europe itself. Having overcome an institution widely regarded as oppressive, why did they sponsor the construction of racial slavery in their new colonies? Robin Blackburn traces European doctrines of race and slavery from medieval times to the early modern epoch, and finds that the stigmatization of the ethno-religious Other was given a callous twist by a new culture of consumption, freed from an earlier moral economy. The Making of New World Slavery argues that independent commerce, geared to burgeoning consumer markets, was the driving force behind the rise of plantation slavery. The baroque state sought—successfully—to batten on this commerce, and—unsuccessfully—to regulate slavery and race. Successive chapters of the book consider the deployment of slaves in the colonial possessions of the Portuguese, the Spanish, the Dutch, the English and the French. Each are shown to have contributed something to the eventual consolidation of racial slavery and to the plantation revolution of the seventeenth and eighteenth centuries. It is shown that plantation slavery emerged from the impulses of civil society rather than from the strategies of the individual states. Robin Blackburn argues that the organization of slave plantations placed the West on a destructive path to modernity and that greatly preferable alternatives were both proposed and rejected. Finally he shows that the surge of Atlantic trade, premised on the killing toil of the plantations, made a decisive contribution to both the Industrial Revolution and the rise of the West.
