The Legal Understanding of Slavery

From the Historical to the Contemporary

Author: Jean Allain

Publisher: OUP Oxford

ISBN: 0191645354

Category: Law

Page: 416

View: 7801

DOWNLOAD NOW »

"Slavery is the status or condition of a person over whom any or all of the powers attaching to the right of ownership are exercised." So reads the legal definition of slavery agreed by the League of Nations in 1926. Further enshrined in law during international negotiations in 1956 and 1998, this definition has been interpreted in different ways by the international courts in the intervening years. What can be considered slavery? Should forced labour be considered slavery? Debt-bondage? Child soldiering? Or forced marriage? This book explores the limits of how slavery is understood in law. It shows how the definition of slavery in law and the contemporary understanding of slavery has continually evolved and continues to be contentious. It traces the evolution of concepts of slavery, from Roman law through the Middle Ages, the 18th and 19th centuries, up to the modern day manifestations, including manifestations of forced labour and trafficking in persons, and considers how the 1926 definition can distinguish slavery from lesser servitudes. Together the contributors have put together a set of guidelines intended to clarify the law where slavery is concerned. The Bellagio-Harvard Guidelines on the Legal Parameters of Slavery, reproduced here for the first time, takes their shared understanding of both the past and present to project a consistent interpretation of the legal definition of slavery for the future.
Release

From Slave Abuse to Hate Crime

The Criminalization of Racial Violence in American History

Author: Ely Aaronson

Publisher: Cambridge University Press

ISBN: 1316147967

Category: History

Page: N.A

View: 1789

DOWNLOAD NOW »

This book explores the complex ways in which political debates and legal reforms regarding the criminalization of racial violence have shaped the development of American racial history. Spanning previous campaigns for criminalizing slave abuse, lynching, and Klan violence and contemporary debates about the legal response to hate crimes, this book reveals both continuity and change in terms of the political forces underpinning the enactment of new laws regarding racial violence in different periods and of the social and institutional problems that hinder the effective enforcement of these laws. A thought-provoking analysis of how criminal law reflects and constructs social norms, this book offers a new historical and theoretical perspective for analyzing the limits of current attempts to use criminal legislation as a weapon against racism.
Release

Quentin Tarantino's Django Unchained

The Continuation of Metacinema

Author: Oliver C. Speck

Publisher: Bloomsbury Publishing USA

ISBN: 1623567807

Category: Performing Arts

Page: 328

View: 7775

DOWNLOAD NOW »

Django Unchained is certainly Quentin Tarantino's most commercially-successful film and is arguably also his most controversial. Fellow director Spike Lee has denounced the representation of race and slavery in the film, while many African American writers have defended the white auteur. The use of extremely graphic violence in the film, even by Tarantino's standards, at a time when gun control is being hotly debated, has sparked further controversy and has led to angry outbursts by the director himself. Moreover, Django Unchained has become a popular culture phenomenon, with t-shirts, highly contentious action figures, posters, and strong DVD/BluRay sales. The topic (slavery and revenge), the setting (a few years before the Civil War), the intentionally provocative generic roots (Spaghetti Western and Blaxploitation) and the many intertexts and references (to German and French culture) demand a thorough examination. Befitting such a complex film, the essays collected here represent a diverse group of scholars who examine Django Unchained from many perspectives.
Release

The Political Languages of Emancipation in the British Caribbean and the U.S. South

Author: Demetrius L. Eudell

Publisher: Univ of North Carolina Press

ISBN: 0807860123

Category: History

Page: 248

View: 5240

DOWNLOAD NOW »

This comparative study examines the emancipation process in the British Caribbean, particularly Jamaica, during the 1830s and in the United States, particularly South Carolina, during the 1860s. Analyzing the intellectual and ideological foundations of postslavery Anglo-America, Demetrius Eudell explores how former slaves, former slaveholders, and their societies' central governments understood and discussed slavery, emancipation, and the transition between the two. Eudell investigates the public policies--which addressed issues of labor control, access to land, and the general social behaviors of former slaves--used to execute emancipation. In both regions, government-appointed officials (special magistrates in Jamaica and agents of the Freedmen's Bureau in South Carolina) were crucial in implementing these policies. While many former slaves were fighting for the right to be paid for their labor and to own land, many officials came to view their role as part of a new civilizing mission whose goal was to eradicate the psychic damage supposedly caused by slavery. Eudell concludes by examining the 1865 Morant Bay rebellion in Jamaica and the retreat from Reconstruction in South Carolina, part of the larger movement of Redemption that occurred in 1877. Both of these occurrences represented the incomplete victory of emancipation, Eudell argues, and should provoke scholarly questions regarding the persistent thesis of U.S. exceptionalism.
Release

The Southern Judicial Tradition

State Judges and Sectional Distinctiveness, 1790-1890

Author: Timothy S. Huebner

Publisher: University of Georgia Press

ISBN: 0820342289

Category: History

Page: 263

View: 7866

DOWNLOAD NOW »

He exposes the myth of southern leniency in appellate homicide decisions and also shows how the southern judiciary contributed to and reflected larger trends in American legal development."--BOOK JACKET.
Release

The Promises of Liberty

The History and Contemporary Relevance of the Thirteenth Amendment

Author: Alexander Tsesis

Publisher: Columbia University Press

ISBN: 0231520131

Category: History

Page: 448

View: 2801

DOWNLOAD NOW »

In these original essays, America's leading historians and legal scholars reassess the ratification of the Thirteenth Amendment and its relevance to issues of liberty, justice, and equality. The Thirteenth Amendment abolished slavery in the United States, reasserting the radical, egalitarian dimensions of the Constitution. It also laid the foundations for future civil rights and social justice legislation. Yet subsequent reinterpretation and misappropriation have curbed more substantive change. With constitutional jurisprudence undergoing a revival, The Promises of Liberty provides a full portrait of the Thirteenth Amendment and its potential for ensuring liberty. The collection begins with Pulitzer Prize-winning historian David Brion Davis, who discusses the failure of the Thirteenth Amendment to achieve its framers' objectives. The next piece, by Alexander Tsesis, provides a detailed account of the Amendment's revolutionary character. James M. McPherson, another Pulitzer recipient, recounts the influence of abolitionists on the ratification process, and Paul Finkelman focuses on who freed the slaves and President Lincoln's commitment to ending slavery. Michael Vorenberg revisits the nineteenth century's understanding of freedom and citizenship and the Amendment's surprisingly small role in the Reconstruction and post-Reconstruction periods. William M. Wiecek shows how the Supreme Court's narrow interpretation once rendered the guarantee of freedom nearly illusory, and the collection's third Pulitzer Prize winner, David M. Oshinsky, explains how peonage undermined the prohibition against compulsory service. Subsequent essays relate the Thirteenth Amendment to congressional authority, hate crimes legislation, the labor movement, and immigrant rights. These chapters analyze unique features of the amendment along with its elusive meanings and affirm its power to reform criminal and immigration law, affirmative action policies, and the protection of civil liberties.
Release

Civil Rights in the Shadow of Slavery

The Constitution, Common Law, and the Civil Rights Act of 1866

Author: George Rutherglen

Publisher: Oxford University Press

ISBN: 0199739706

Category: History

Page: 214

View: 1775

DOWNLOAD NOW »

The author begins with the birth of civil rights - the circumstances, acts and legacy of the 39th Congress, constitutional origins, passage and structure of the Act, moves through the Fourteenth Amendment and into restrictive interpretations and quiescent years, and finishes with a chapter on discerning the future from the past and the contemporary significance of the Act.
Release

Colored Men and Hombres Aquí

Hernández V. Texas and the Emergence of Mexican American Lawyering

Author: Michael A. Olivas

Publisher: Arte Publico Press

ISBN: 9781558854765

Category: Law

Page: 373

View: 5209

DOWNLOAD NOW »

This collection of ten essays commemorates the 50th anniversary of an important but almost forgotten U.S. Supreme court case, Hernandez v. Texas, 347 US 475 (1954), the major case involving Mexican Americans and jury selection, published just before Brown v. Board of Education in the 1954 Supreme Court reporter. This landmark case, the first to be tried by Mexican American lawyers before the U.S. Supreme Court, held that Mexican Americans were a discrete group for purposes of applying Equal Protection. Although the case was about discriminatory state jury selection and trial practices, it has been cited for many other civil rights precedents in the intervening 50 years. Even so, it has not been given the prominence it deserves, in part because it lives in the shadow of the more compelling Brown v. Board case. There had been earlier efforts to diversify juries, reaching back at least to the trial of Gregorio Cortez in 1901 and continuing with efforts by the legendary Oscar Zeta Acosta in Los Angeles in the 1960s. Even as recently as 2005 there has been clear evidence that Latino participation in the Texas jury system is still substantially unrepresentative of the growing population. But in a brief and shining moment in 1954, Mexican-American lawyers prevailed in a system that accorded their community no legal status and no respect. Through sheer tenacity, brilliance, and some luck, they showed that it is possible to tilt against windmills and slay the dragon. Edited and with an introduction by University of Houston law scholar Michael A. Olivas, Colored Men and Hombres Aqui is the first full-length book on this case. This volume contains the papers presented at the Hernandez at 50conference which took place in 2004 at the University of Houston Law Center and also contains source materials, trial briefs, and a chronology of the case.
Release

Understanding Global Slavery

A Reader

Author: Kevin Bales

Publisher: Univ of California Press

ISBN: 9780520932074

Category: Political Science

Page: 222

View: 3925

DOWNLOAD NOW »

Although slavery is illegal throughout the world, we learned from Kevin Bales's highly praised exposé, Disposable People: New Slavery in the Global Economy, that more than twenty-seven million people—in countries from Pakistan to Thailand to the United States--are still trapped in bondage. With this new volume, Bales, the leading authority on modern slavery, looks beyond the specific instances of slavery described in his last book to explore broader themes about slavery's causes, its continuation, and how it might be ended. Written to raise awareness and deepen understanding, and touching again on individual lives around the world, this book tackles head-on one of the most urgent and difficult problems facing us today. Each of the chapters in Understanding Global Slavery explores a different facet of global slavery. Bales investigates slavery's historical roots to illuminate today's puzzles. He explores our basic ideas about what slavery is and how the phenomenon fits into our moral, political, and economic worlds. He seeks to explain how human trafficking brings people into our cities and how the demand for trafficked workers, servants, and prostitutes shapes modern slavery. And he asks how we can study and measure this mostly hidden crime. Throughout, Bales emphasizes that to end global slavery, we must first understand it. This book is a step in that direction.
Release