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Reprint of the original, first published in 1876.
In an examination of Southern slave law between 1810 and 1860, Mark Tushnet reveals a structured dichotomy between slave labor systems and bourgeois systems of production. Whereas the former rest on the total dominion of the master over the slave and necessitate a concern for the slave's humanity, the latter rest of the purchase by the capitalist of a worker's labor power only and are concerned primarily with economic interest. Focusing on a wide range of issues that include contract and accident law as well as criminal law and the law of manumission, he shows how Southern slave law had to respond to the competing pressures of humanity and interest. Beginning with a critical evaluation of slave law, the author develops the conceptual framework for his own perspective on the legal system, drawing on the works of Marx and Weber. He then examines four appellate court cases decided in three different states, from civil-law Louisiana to commonlaw North Carolina, at widely separated times, from 1818 to 1858. Professor Tushnet finds that the cases display a continuing but never wholly successful attempt at distinguish between law and sentiment as modes of regulating social interactions involving slaves. Also, the cases show that the primary method of accommodating law and sentiment was an attempt to use rigid categories to confine the law of slavery to what was thought its proper sphere. Mark Tushnet is Professor of Law at the University of Wisconsin. Originally published in 1981. The Princeton Legacy Library uses the latest print-on-demand technology to again make available previously out-of-print books from the distinguished backlist of Princeton University Press. These editions preserve the original texts of these important books while presenting them in durable paperback and hardcover editions. The goal of the Princeton Legacy Library is to vastly increase access to the rich scholarly heritage found in the thousands of books published by Princeton University Press since its founding in 1905.
Winner of the John H. Dunning Prize, American Historical Association Winner of the Stuart L. Bernath Book Prize, Society for Historians of American Foreign Relations Winner of the James H. Broussard Best First Book Prize, Society for Historians of the Early American Republic Winner of the North Jersey Civil War Round Table Book Award Finalist for the Harriet Tubman Prize, Lapidus Center for the Historical Analysis of Transatlantic Slavery When the United States emerged as a world power in the years before the Civil War, the men who presided over the nation’s triumphant territorial and economic expansion were largely southern slaveholders. As presidents, cabinet officers, and diplomats, slaveholding leaders controlled the main levers of foreign policy inside an increasingly powerful American state. This Vast Southern Empire explores the international vision and strategic operations of these southerners at the commanding heights of American politics. “At the close of the Civil War, more than Southern independence and the bones of the dead lay amid the smoking ruins of the Confederacy. Also lost was the memory of the prewar decades, when Southern politicians and pro-slavery ambitions shaped the foreign policy of the United States in order to protect slavery at home and advance its interests abroad. With This Vast Southern Empire, Matthew Karp recovers that forgotten history and presents it in fascinating and often surprising detail.” —Fergus Bordewich, Wall Street Journal “Matthew Karp’s illuminating book This Vast Southern Empire shows that the South was interested not only in gaining new slave territory but also in promoting slavery throughout the Western Hemisphere.” —David S. Reynolds, New York Review of Books