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The Bondsman's Burden Jenny Bourne Wahl (St Olaf College, Minnesota)

The Bondsman's Burden By Jenny Bourne Wahl (St Olaf College, Minnesota)

Summary

Were slaves property or human beings under law? Southern judges designed laws that protected property rights and helped slavery remain economically viable, the foundation of laws applicable to free people. This 1998 book provides a rigorous, compelling economic analysis of the common law of Southern slavery, inspecting thousands of legal disputes.

The Bondsman's Burden Summary

The Bondsman's Burden: An Economic Analysis of the Common Law of Southern Slavery by Jenny Bourne Wahl (St Olaf College, Minnesota)

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.

The Bondsman's Burden Reviews

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
Wahl has written a splendid and comprehensive analysis of the common law of slavery. Journal of Interdisciplinary History
...scholars of slavery and of the law will find this an original and thought-provoking work. American Historical Review
This book is highly recommended. The Journal of the Early Republic
With its succinct case analyses and its willingness to apply economic and legal perspectives to an important problem in North American history, The Bondsman's Burden is sure to provoke discussion among historians, legal experts, and economists. Dylan C. Penningroth, Labor History
Wahl has written an important book. She has reviewed an enormous number of appellate cases and has suggest that was a difference between rules relating to slaves and other persons. Her evidence implies that southern law, because of slavery, was affected by economic values, one of which was that slave property should receive special protection. Law & History Review Fall 01

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.

Additional information

NLS9780521521383
9780521521383
0521521386
The Bondsman's Burden: An Economic Analysis of the Common Law of Southern Slavery by Jenny Bourne Wahl (St Olaf College, Minnesota)
New
Paperback
Cambridge University Press
2002-08-22
292
N/A
Book picture is for illustrative purposes only, actual binding, cover or edition may vary.
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