How Cuba burned with the ghosts of British slavery: race,abolition and the Escalera

In the antebellum period, a system of slave trials operated in Virginia that was entirely at odds with the common law practices that governed the trial of most defendants, free and enslaved, throughout the southern states. This article examines the operation and implications of this system in Richmond, Virginia, between 1830 and 1861 and argues that the absence of due process protections for slaves enabled the legal system to better serve the interests of the slaveholding class than in common law jurisdictions. This was particularly significant in Richmond, as urban-industrial conditions made slaveholders extremely dependent on the law to combat slave crime. By the 1850s, however, the conflict between Virginia's slave trial system and Anglo-American common law culture, as well as between slaveholder and nonslaveholder interests, had resulted in adjustments to the system that signalled the start of its decline.     

Independence for those without freedom: slavery and manumission in Mérida,Venezuela, 1810–1854

This article examines slavery and manumission in the state of Mérida in western Venezuela from the wars of independence (1810–1821) until abolition in 1854. It argues that slavery was preserved during the insurgency and reinstituted after independence through the continuation of Iberian slave law and the implementation of republican manumission legislation, which served to prolong slavery rather than hasten its demise. Slaves also used the corporate legal rights of colonial law to seek manumission and protection from abuse after 1821. Iberian legislation, though, was reinterpreted within the ideological and institutional framework of the liberal nation-state. Thus, competing legal frameworks and political interests, the growing influence of liberal doctrine and the selective and often arbitrary application of property, slave and manumission laws constituted important aspects of struggles over slavery and manumission in the early republican era.     

Custom and law: The status of enslaved Africans in seventeenth-century Barbados

The island of Barbados provides an ideal case study to explore the beginnings of slavery and definitions of slave status in England's early American colonies. Africans and Europeans confronted each other earlier and on a larger scale in Barbados than in any other English colony. By tracing the development of slavery from the colony's settlement in 1627 this article argues that the legitimization or legalization of African slavery and the status of slaves were established in custom long before any slave laws were passed. Focus is on slave status as a point of analysis, implicitly defined by three major features: chattel property, lifetime (or permanent) servitude, and inheritance of slave condition from an enslaved mother. In examining the evidence for these features, the article contends they were part of the culture of the Euro-Atlantic world and English worldview by the time the island was settled. None of the features was ever defined in any law; rather, they were implicit in any Barbados law that mentioned slaves.     

Negotiating Abolition: Cape Town and the Trans-Atlantic Slave Trade

The city of Cape Town owes its origins to its role as a refreshment station for Dutch East India Company (VOC) vessels. Yet ‘the fairest Cape’ was also a half-way station for slave ships making their way from the south-western Indian Ocean to the Americas. This article examines the role of the Cape in the slave trade from Mozambique to the Americas during the 17 years following the Act of Abolition. While the Act effectively ended the importation of slaves to the Cape, it initially had little or no impact on the movement of slave ships through Table Bay. Despite Britain's opposition to the slave trade, the frequency with which slave vessels stopped at the Cape in the first few years after the implementation of the Act almost equalled the frequency with which they had called at the port in the last years of VOC rule. It was only when Britain tightened restrictions on the trade that the number of slavers visiting Table Bay declined and then finally halted in 1824. The conflicting interests of different branches of the British state limited the suppression of the trade, particularly in wartime. But the implementation of abolition was also retarded by negotiations over the parameters of international law and by the equivocations of a slave colony and its administration. This article aims both to bring the Cape into the history of the ‘Trans-Atlantic’ slave trade and to contribute to the broader history of the legal provisions behind abolition.     

‘The State of Slavery': Somerset,The Slave,Grace, and the Rise of Pro-Slavery and Anti-Slavery Constitutionalism in the Nineteenth-Century Atlantic World

From 1772 until the 1830s, the landmark decision in Somerset v. Stewart, which held that a slave must be freed by virtue of his presence on English soil, provided a powerful weapon in the trans-Atlantic battle against chattel slavery. But by the 1840s and 1850s, pro-slavery advocates used another British opinion, The Slave, Grace, as a counterargument to shape a new pro-slavery constitutionalism. This article studies four cases critical to understanding this process of reinterpretation: The Slave, Grace (1827), Commonwealth v. Aves (1836), The Slave, Matilda (1837), and Strader v. Graham (1852). These four decisions reveal the escalating battle of legal doctrine pitting freedom based on the absence of positive law vs. the reversion and reattachment of slave status.     

The Legal Emancipations of Leander and Caesar: Manumission and the Law in Revolutionary South Carolina and Massachusetts

During the Revolutionary era, two slaves, one named Leander from South Carolina and another named Caesar from Massachusetts, legally verified their new free status after long battles to become free. These two cases expose some similarities in the slave systems of Massachusetts and South Carolina.

However, they more strongly show deep differences in the legal status of slaves in the emerging nation. Caesar legally established his freedom by suing his master, and Leander registered his emancipation with the South Carolina Secretary of State's office. While the legal system in Massachusetts protected Caesar's right to own property, to make a contract, to sue and have other blacks testify on behalf of him, Leander's legal action marked a protection for him against re-enslavement since free blacks and slaves had practically no legal status in South Carolina. These two legal systems were always fundamentally different, but it was not until the American Revolution when many slaves like Caesar and Leander demanded freedom that these divisions became evident.     

Freighting English law: interpreting maritime spaces,law and the Armenian strategies in the Indian Ocean

In this article, I examine the formation of the English East India Company's legal regime in the Indian Ocean between the mid‐eighteenth and early nineteenth centuries. I look at how this process affected maritime trade and space from the vantage point of Armenian merchants' interactions with the colonial regime in the courts of law. The productive tensions arising from the colonial regime's new protocols and the merchants' leveraging tactics make for a complex story of Anglo‐Armenian dialogue. I argue that indigenous agency in the colonial courts complicated the binary colonial/indigenous structure. The idea of legal pluralism that emerges from the article suggests that the identity of an imperial subject or the definition of law was neither a given nor simply imposed through colonial coercion but was a complex product of a long‐term dialogue and rationalization.     

Aging in the Shadow of the Law

Abstract

Historically, the frail elderly, as well as other vulnerable populations who are unable to care for themselves, have been subject to legal proceedings known as guardianships. Despite changes and reforms, adult guardianship law has survived as a fundamental legal institution aimed at protecting the frail elderly as well as other incompetent adults. However, very little is known on the reality of adult guardianship under Israeli law, and the experience of the adult population under guardianship was never empirically studied in Israel. The empirical void regarding the workings of the Israeli law in this area served as the impetus for this study. The study investigated the issue of adult and elder guardianship in Israel as revealed in Family Law Courts' rulings, while focusing in particular on the profile of the wards, the reasons and motives, the legal procedure, and the outcome of the guardianship process.

The study was a quantitative analysis, based on a random sample that included523 court cases requesting legal guardianship for adults due to impaired legal competence. Rulings on these cases were provided in Family Courts from Haifa, Nazareth, and the Krayot areas in the period of the years 2000-2002.

A clear but somber picture emerges from the findings of this study: Every year thousands of elderly individuals are subjected to the plenary legal authority of guardians appointed by law. This severe legal outcome takes place without providing these elderly the right to express their positions, without the provision of legal representation, and without their being seen or heard by the courts. These findings lead to the conclusion that there is urgent need in Israel to carry out extensive reform in the realm of civil legislation on the issue of guardianship foradults and the elderly.     

Hidden in Plain Sight: Maroon Life and Labor in Virginia's Dismal Swamp

Nineteenth-century maroons in Virginia's Great Dismal Swamp formed communities within communities, whose members were set apart from others not so much by space (an impenetrable wilderness) but by the legal status they renounced, the fugitive status they embraced, and the common goal of creating meaningful lives neither fully within, nor completely apart from, surrounding slave society. The following analysis of one group of Great Dismal Swamp maroons offers scholars a new way to conceptualize marronage in nineteenth-century North America. Rather than look only to remote places for traces of maroon societies, researchers might also consider examining such communities in more settled areas, including centers of large-scale industrial operations, where fugitives carved out identities and negotiated their wages within a biracial labor system that relied upon and supported slavery.     

The concept of piracy in nineteenth-century American abolitionist rhetoric

American abolitionists used the concept of piracy as a rhetorical and tactical device to attack the institution of slavery during the antebellum period. Activists branded slaveholders as ‘pirates’ in order to delegitimize the validity of slave owners' title in stolen people and recognize enslaved peoples' rightful self-ownership. The pirate label further conveyed that slaveholders' violence against slaves was illegal and that enslaved people could lawfully use lethal force to resist those who held them captive, assaulted them, or kidnapped them. Thus, abolitionists characterized slave owners as pirates not only to stigmatize slaveholding but also to shape legal perspectives on slavery by reversing presumptions about property rights and about slavery-related violence.     

Perceptions of Readiness for Legally Literate Practice: A Longitudinal Study of Social Work Student Views

Law is a prescribed element of the curriculum for the social work degree. Research and development work have included a systematic review, practice survey and curriculum building; however, little evidence exists about the outcomes of teaching and learning of law in social work education, although students report increasing levels of satisfaction. Moreover, doubts remain about how far students acquire legal knowledge and skills in its implementation.

This survey of social work students in seven UK universities measured their law learning and their confidence in using this knowledge. Concept maps and a self-audit questionnaire were used to capture students' understanding and perceptions of this knowledge domain and self-assessments of their legal knowledge and skills. A large sample was achieved across first, second and final year students.

The interface between the legal rules and practice is a site of anxiety and perceived difficulty. In some areas students offer relatively confident self-assessments of their legal knowledge and skills for practising law. However, levels of confidence in other areas of their law learning raise doubts about the degree to which they can advocate for, and protect, service users. Conclusions are drawn about the effectiveness of students' law learning.     

Till Death Do Us Part: Testamentary Manumission in Seventeenth-Century Lima,Peru

This article joins a long-standing conversation among slavery scholars regarding the tensions that emerged from the legal status of slaves as property and as persons. This feature of quasi-personhood and property was perhaps most pronounced in the testamentary devise of freedom granted by slave owners. Posthumous bequests of freedom simultaneously recognised the property rights of the deceased in human beings, while validating the affective ties of loyalty and devotion spawned by the master–slave relationship. The article traces the efforts of Margarita de Torres, an enslaved woman, who waged a nine-year lawsuit for her freedom against the executrices of her owner's estate. In so doing, the article analyses Margarita's motivations for embarking on a protracted and costly lawsuit, given the odds in favour of, and against, slaves seeking to enforce testamentary promises of manumission in seventeenth-century Lima. More broadly, the article explores the affective relationships between owners and slaves, the conditions that accompanied testamentary freedom and the complexities that arose with the legal treatment of enslaved offspring of free fathers.     

Protecting and Benchmarking Migrants’ Rights: An Analysis of the Global Compact for Safe,Orderly and Regular Migration

The Global Compact for Safe, Orderly, and Regular Migration (GCM) was to be “guided by human rights law and standards” in recognition of the rights of international migrants, who are currently protected by an overlapping patchwork of treaties and international law. The GCM contains many laudable commitments that, if implemented, will ensure that states more consistently respect, protect, and fulfil the rights of all migrants and also that states incorporate data on migration into a more cohesive governance regime that does more to promote cooperation on the issue of international migration. However, many concerns remain. Using a legal analysis and cross‐national policy data, we find that the GCM neither fully articulates existing law nor makes use of international consensus to expand the rights of migrants. In its first section, this article provides a concise analysis of the GCM's compliance with a set of core principles of existing international human rights law regarding migrants. In the second section, we apply a novel instrument to create an objective, cross‐national accounting of the laws protecting migrants’ rights in various national legal frameworks. Focusing on a sample of five diverse destination and sending countries, the results suggest we are close to an international consensus on the protection of a core set of migrants’ rights. This analysis should help prioritize the work necessary to implement the GCM.     

The effect of lawyers on non-discipline/discharge arbitration decisions

Both labor and management often have a lawyer present their case at an arbitration hearing. This paper investigates whether the probability of obtaining a favorable arbitration outcome was related to the use of legal counsel. An analysis of 1,284 Canadian non-discipline/discharge cases revealed that a party was more likely to receive a favorable award when it had legal representation and the other side did not. However, there was no difference in win rates when the outcomes of cases in which both parties used lawyers were compared with those in which neither side was represented by legal counsel. Support for this research was provided by a Social Sciences and Humanities Research Council/Saint Mary’s University Matching Grant. The excellent research assistance of Nancy Canavan is gratefully acknowledged.     

Corruptus interruptus: the limits of transactional imaginaries in Moi’s Kenya

This article attempts to unsettle treatments of sovereignty that assume an intrinsic relationship between violence and the law even while critiquing the capacity of the law to ground social order through violence. In such discussions, the police become the embodiment of the force of law without content, especially in totalitarian contexts. In contrast, this article explores other conceptions of the police and by extension, sovereignty, at work in Kenya through an examination of police/citizen interactions at a marked political moment – the end of the 24-year rule of Kenyan President Daniel Arap Moi in 2002. Through a particular example of the complicated conviviality that pervades state/society relations in many patrimonial political contexts – in this case between a policeman, a bus driver, and the bus diver’s wife – I attempt to reframe normative conceptions about the police and of enforcement in the context of Kenya’s failing patrimonial economy of circulation and capture in the early 2000s.     

The National Laws of Myanmar: Making of Statelessness for the Rohingya

This article examines the legal status of the Rohingya in Myanmar by analysing relevant constitutional provisions (of 1947, 1974 and 2008) and other major citizenship legislations including the Citizenship Law, 1982. A doctrinal analysis demonstrates that: (i) the earlier Constitutions and laws provided citizenship for the Rohingya (where they were identified as an ethnic minority); and (ii) their status has been changed gradually under the later constitutions and legislations until recently, when they are regarded as neither minority nor citizen and rendered stateless by the law. The role of legislation in disempowering the Rohingya is thus made explicit.     

Threat of a Bondman: Political Self-Fashioning and Christian Empowerment in the Memoir of Quamino Buccau,A Pious Methodist

This article analyses the permeable boundaries between slavery and freedom which developed in the context of illicit inter-imperial trade in the seventeenth and eighteenth-century Caribbean, focusing on ties between the Dutch island of Curaçao and the neighbouring northern coast of Spanish South America. As smuggling opened opportunities for enslaved people to cross political borders, it spurred authorities to develop flexible legal frameworks to meet the challenge of conducting free trade in colonial slave societies. The evidence indicates that, even in the eighteenth-century Caribbean, slavery sometimes existed along a legal continuum, rather than as an immutable, absolute category.     

Aging in the shadow of the law: the case of elder guardianship in Israel

Historically, the frail elderly, as well as other vulnerable populations who are unable to care for themselves, have been subject to legal proceedings known as guardianships. Despite changes and reforms, adult guardianship law has survived as a fundamental legal institution aimed at protecting the frail elderly as well as other incompetent adults. However, very little is known on the reality of adult guardianship under Israeli law, and the experience of the adult population under guardianship was never empirically studied in Israel. The empirical void regarding the workings of the Israeli law in this area served as the impetus for this study. The study investigated the issue of adult and elder guardianship in Israel as revealed in Family Law Courts' rulings, while focusing in particular on the profile of the wards, the reasons and motives, the legal procedure, and the outcome of the guardianship process. The study was a quantitative analysis, based on a random sample that included 523 court cases requesting legal guardianship for adults due to impaired legal competence. Rulings on these cases were provided in Family Courts from Haifa, Nazareth, and the Krayot areas in the period of the years 2000-2002. A clear but somber picture emerges from the findings of this study: Every year thousands of elderly individuals are subjected to the plenary legal authority of guardians appointed by law. This severe legal outcome takes place without providing these elderly the right to express their positions, without the provision of legal representation, and without their being seen or heard by the courts. These findings lead to the conclusion that there is urgent need in Israel to carry out extensive reform in the realm of civil legislation on the issue of guardianship for adults and the elderly.     

SLAVERY: ANNUAL BIBLIOGRAPHICAL SUPPLEMENT (2005)

Based on life stories of ex-slaves from Ethiopia now living in Israel, the present article attempts to uncover complex relationships and conceptions of intimate domination and subjugation. The dramatic passage of masters and slaves from rural Ethiopia to the democratic State of Israel enables their stories to emerge.

Hearing these personal stories became possible when continuous slavery taken for granted in one particular cultural context became alien and unbearable in another. Key images at the basis of Ethiopian slavery constitute an ample reservoir for new interpretations, in which hidden aspects are brought into relief within a new reality. The present article focuses on cows as an organising image through which complex master–slave (Choa–Barya) relations are decoded. It explores the centrality of this image for these exploitative, complex relations, both in Ethiopia and following the move to Israel. The cow figures prominently as the embodiment of a range of concrete and symbolic meanings, particularly in the most intimate details of master–slave power relations and hierarchies.     

Black Atlantic maritime networks,resistance and the American ‘domestic’ slave trade

This article on the formation and operation of maritime networks of resistance and solidarity during the United States ‘domestic’ coastal slave trade contributes to the history of Atlantic maritime radicalism in the Age of Revolution. After 1807, the legal trans‐shipment of enslaved people from the Chesapeake to the antebellum slave markets enclosed the seas along the Atlantic seaboard and into the Gulf of Mexico. The legal, geopolitical and physical limitations of slavery at sea turned the Florida Straits – a densely trafficked maritime chokepoint – into a contested space. Rather than viewing this globally significant maritime space as primarily a site of contestation between British imperial sovereignty and US internecine national politics, the focus is on the undercurrents of collective black Atlantic political action, memory and connection that shaped the Straits as a transnational maritime route from slavery to freedom.