Fractional Freedoms

Author: Michelle A. McKinley
Publisher: Cambridge University Press
ISBN: 9781316739631
Release Date: 2016-10-14
Genre: History

Fractional Freedoms explores how thousands of slaves in colonial Peru were able to secure their freedom, keep their families intact, negotiate lower self-purchase prices, and arrange transfers of ownership by filing legal claims. Through extensive archival research, Michelle A. McKinley excavates the experiences of enslaved women whose historical footprint is barely visible in the official record. She complicates the way we think about life under slavery and demonstrates the degree to which slaves were able to exercise their own agency, despite being ensnared by the Atlantic slave trade. Enslaved women are situated as legal actors who had overlapping identities as wives, mothers, mistresses, wet-nurses and day-wage domestics, and these experiences within the urban working environment are shown to condition their identities as slaves. Although the outcomes of their lawsuits varied, Fractional Freedoms demonstrates how enslaved women used channels of affection and intimacy to press for liberty and prevent the generational transmission of enslavement to their children.

Fractional Freedoms

Author: Michelle A. McKinley
Publisher: Cambridge University Press
ISBN: 9781107168985
Release Date: 2016-10-31
Genre: History

Fractional Freedoms examines paths to liberty forged in the slaveowning household, and legal claims brought by slaves in colonial Lima.

Exquisite Slaves

Author: Tamara J. Walker
Publisher: Cambridge University Press
ISBN: 9781316033555
Release Date: 2017-06-30
Genre: History

In Exquisite Slaves, Tamara J. Walker examines how slaves used elegant clothing as a language for expressing attitudes about gender and status in the wealthy urban center of eighteenth- and nineteenth-century Lima, Peru. Drawing on traditional historical research methods, visual studies, feminist theory, and material culture scholarship, Walker argues that clothing was an emblem of not only the reach but also the limits of slaveholders' power and racial domination. Even as it acknowledges the significant limits imposed on slaves' access to elegant clothing, Exquisite Slaves also showcases the insistence and ingenuity with which slaves dressed to convey their own sense of humanity and dignity. Building on other scholars' work on slaves' agency and subjectivity in examining how they made use of myriad legal discourses and forums, Exquisite Slaves argues for the importance of understanding the body itself as a site of claims-making.

The Women of Colonial Latin America

Author: Susan Migden Socolow
Publisher: Cambridge University Press
ISBN: 9781316194003
Release Date: 2015-02-16
Genre: History

In this second edition of her acclaimed volume, The Women of Colonial Latin America, Susan Migden Socolow has revised substantial portions of the book - incorporating new topics and illustrative cases that significantly expand topics addressed in the first edition; updating historiography; and adding new material on poor, rural, indigenous and slave women.

Tax Law and Social Norms in Mandatory Palestine and Israel

Author: Assaf Likhovski
Publisher: Cambridge University Press
ISBN: 9781107176294
Release Date: 2017-07-20
Genre: Business & Economics

This book describes how a social-norms model of taxation rose and fell in British-ruled Palestine and the State of Israel in the mid-twentieth century. Such a model, in which non-legal means were used to foster compliance, appeared in the tax system created by the Jewish community in 1940s Palestine and was later adopted by the new Israeli state in the 1950s. It gradually disappeared in subsequent decades as law and its agents, lawyers and accountants, came to play a larger role in the process of taxation. By describing the historical interplay between formal and informal tools for creating compliance, Tax Law and Social Norms in Mandatory Palestine and Israel sheds new light on our understanding of the relationship between law and other methods of social control, and reveals the complex links between taxation and citizenship.

Secession on Trial

Author: Cynthia Nicoletti
Publisher: Cambridge University Press
ISBN: 9781108247610
Release Date: 2017-09-30
Genre: History

This book focuses on the post-Civil War treason prosecution of Confederate President Jefferson Davis, which was seen as a test case on the major question that animated the Civil War: the constitutionality of secession. The case never went to trial because it threatened to undercut the meaning and significance of Union victory. Cynthia Nicoletti describes the interactions of the lawyers who worked on both sides of the Davis case - who saw its potential to disrupt the verdict of the battlefield against secession. In the aftermath of the Civil War, Americans engaged in a wide-ranging debate over the legitimacy and effectiveness of war as a method of legal adjudication. Instead of risking the 'wrong' outcome in the highly volatile Davis case, the Supreme Court took the opportunity to pronounce secession unconstitutional in Texas v. White (1869).

Sovereignty International Law and the French Revolution

Author: Edward James Kolla
Publisher: Cambridge University Press
ISBN: 9781107179547
Release Date: 2017-10-12
Genre: History

This book argues that the introduction of popular sovereignty as the basis for government in France facilitated a dramatic transformation in international law in the eighteenth century.

Taming the Past

Author: Robert W. Gordon
Publisher: Cambridge University Press
ISBN: 9781108148412
Release Date: 2017-05-31
Genre: Law

Lawyers and judges often make arguments based on history - on the authority of precedent and original constitutional understandings. They argue both to preserve the inspirational, heroic past and to discard its darker pieces - such as feudalism and slavery, the tyranny of princes and priests, and the subordination of women. In doing so, lawyers tame the unruly, ugly, embarrassing elements of the past, smoothing them into reassuring tales of progress. In a series of essays and lectures written over forty years, Robert W. Gordon describes and analyses how lawyers approach the past and the strategies they use to recruit history for present use while erasing or keeping at bay its threatening or inconvenient aspects. Together, the corpus of work featured in Taming the Past offers an analysis of American law and society and its leading historians since 1900.

Latin American Law

Author: M. C. Mirow
Publisher: University of Texas Press
ISBN: 0292702329
Release Date: 2004-05-01
Genre: Law

"M.C. Mirow has set himself a difficult task, to contribute a one-volume introduction to Latin American law in English, and he has succeeded admirably." —Law and History Review "The impressive scope of this book makes it a major contribution to Latin American legal history. . . . This is an excellent starting place for anyone interested in the legal history of the region, and it is essential reading for those seeking to understand the roots of contemporary Latin American politics and society." —Lauren Benton, New York University, author of Law and Colonial Cultures: Legal Regimes in World History, 1400-1900 Private law touches every aspect of people's daily lives—landholding, inheritance, private property, marriage and family relations, contracts, employment, and business dealings—and the court records and legal documents produced under private law are a rich source of information for anyone researching social, political, economic, or environmental history. But to utilize these records fully, researchers need a fundamental understanding of how private law and legal institutions functioned in the place and time period under study. This book offers the first comprehensive introduction in either English or Spanish to private law in Spanish Latin America from the colonial period to the present. M. C. Mirow organizes the book into three substantial sections that describe private law and legal institutions in the colonial period, the independence era and nineteenth century, and the twentieth century. Each section begins with an introduction to the nature and function of private law during the period and discusses such topics as legal education and lawyers, legal sources, courts, land, inheritance, commercial law, family law, and personal status. Each section also presents themes of special interest during its respective time period, including slavery, Indian status, codification, land reform, and development and globalization.

Paying the Price of Freedom

Author: Christine Hünefeldt
Publisher: Univ of California Press
ISBN: 0520082923
Release Date: 1994
Genre: History

"I know of no other work on Latin American slavery during the decades before emancipation that captures the slaves' relentless pursuit of freedom as poignantly as does this one."--Francisco A. Scarano, University of Wisconsin, Madison "A splendid and important contribution to a growing body of literature on nineteenth-century slavery and abolition."--Frederick P. Bowser, Stanford University "I know of no other work on Latin American slavery during the decades before emancipation that captures the slaves' relentless pursuit of freedom as poignantly as does this one."--Francisco A. Scarano, University of Wisconsin, Madison


Author: Raoul Berger
Publisher: Harvard University Press
ISBN: 0674444787
Release Date: 1974
Genre: Law

The little understood yet great power of impeachment lodged in the Congress is dissected in this text through history by Raoul Berger, a leading scholar on the subject. He sheds new light on whether impeachment is limited to indictable crimes, on whether there is jurisdiction to impeach for misconduct outside office, and on whether impeachment must precede indictment. Berger also finds firm footing in contesting the views of one-time Judge Robert Bork and President Nixon's lawyer, James St Clair.

Bandung Global History and International Law

Author: Luis Eslava
Publisher: Cambridge University Press
ISBN: 9781107123991
Release Date: 2017-11-30
Genre: Law

"In 1955 a conference was held in Bandung, Indonesia that was attended by representatives from twenty-nine developing nations. Against the backdrop of crumbling European colonies, Asian and African leaders forged a new alliance and established anti-imperial principles for a new world order. The conference captured the popular imagination across the Global South. Bandung's larger significance as counterpoint to the dominant world order was both an act of collective imagination and a practical political project for decolonization that inspired a range of social movements, diplomatic efforts, institutional experiments and heterodox visions of the history and future of the world. This book explores what the spirit of Bandung has meant to people across the world over the past decades and what it means today. Experts from a wide range of fields show how, despite the complicated legacy of the conference, international law was never the same after Bandung"--

Atlantic Africa and the Spanish Caribbean 1570 1640

Author: David Wheat
Publisher: UNC Press Books
ISBN: 9781469623801
Release Date: 2016-03-09
Genre: History

This work resituates the Spanish Caribbean as an extension of the Luso-African Atlantic world from the late sixteenth to the mid-seventeenth century, when the union of the Spanish and Portuguese crowns facilitated a surge in the transatlantic slave trade. After the catastrophic decline of Amerindian populations on the islands, two major African provenance zones, first Upper Guinea and then Angola, contributed forced migrant populations with distinct experiences to the Caribbean. They played a dynamic role in the social formation of early Spanish colonial society in the fortified port cities of Cartagena de Indias, Havana, Santo Domingo, and Panama City and their semirural hinterlands. David Wheat is the first scholar to establish this early phase of the "Africanization" of the Spanish Caribbean two centuries before the rise of large-scale sugar plantations. With African migrants and their descendants comprising demographic majorities in core areas of Spanish settlement, Luso-Africans, Afro-Iberians, Latinized Africans, and free people of color acted more as colonists or settlers than as plantation slaves. These ethnically mixed and economically diversified societies constituted a region of overlapping Iberian and African worlds, while they made possible Spain's colonization of the Caribbean.

The Poverty of Privacy Rights

Author: Khiara M. Bridges
Publisher: Stanford University Press
ISBN: 9781503602304
Release Date: 2017-06-27
Genre: Law

The Poverty of Privacy Rights makes a simple, controversial argument: Poor mothers in America have been deprived of the right to privacy. The U.S. Constitution is supposed to bestow rights equally. Yet the poor are subject to invasions of privacy that can be perceived as gross demonstrations of governmental power without limits. Courts have routinely upheld the constitutionality of privacy invasions on the poor, and legal scholars typically understand marginalized populations to have "weak versions" of the privacy rights everyone else enjoys. Khiara M. Bridges investigates poor mothers' experiences with the state—both when they receive public assistance and when they do not. Presenting a holistic view of just how the state intervenes in all facets of poor mothers' privacy, Bridges shows how the Constitution has not been interpreted to bestow these women with family, informational, and reproductive privacy rights. Bridges seeks to turn popular thinking on its head: Poor mothers' lack of privacy is not a function of their reliance on government assistance—rather it is a function of their not bearing any privacy rights in the first place. Until we disrupt the cultural narratives that equate poverty with immorality, poor mothers will continue to be denied this right.