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In this book, Alan Watson argues that the slave laws of North and South America--the written codes defining the relationship of masters to slaves--reflect not so much the culture and society of the various colonies but the legal traditions of England, Europe, and ancient Rome. A pathbreaking study concerned as much with the nature of comparative law as the specific subject of the law of slavery, Slave Law in the Americas posits an essential distance in the Western legal tradition between the tenets of law and the values of the society they govern. Laws, Watson shows, often are made not by governments or rulers but by jurists as in ancient Rome, law professors as in medieval and continental Europe, and judges as in common law England. Bodies of law, often created without reference to particular social and political ideals, are also often transferred whole cloth from one society to another. Tracing the effects of the reception of Roman law throughout Europe (excluding England) and the Americas, Watson reveals the enormous impact of this legal tradition on subsequent lawmakers operating under utterly dissimilar social and political conditions in the New World. Slave law in the colonies, Watson demonstrates, had much to do with the mother country's relations to Roman law. Spain, Portugal, France, and the United Dutch Provinces, all within the Roman legal tradition, imposed on their colonies slave laws that were private and nonracist in character, laws that interfered little in master-slave relations and provided for the relative ease of manumission and the grant of citizenship to freed slaves. England, however, did not ascribe to Roman law and colonists created rather than received slave law. Public and racist, slave law in the English colonies uniquely reflected local concerns, involving every citizen in the protection and perpetuation of slavery, strictly regulating education, manumission, and citizenship status. "Comparative legal history," Watson writes, "is in its infancy." Presenting the laws of slavery in ancient Rome and in the slaveholding colonies of America, Watson demonstrates how comparative law can elucidate the relationship of law, legal rules, and institutions to the society in which they operate. Investigating not the dynamics of slavery but of slave law, he reveals the working of a legal culture and its peculiar history.
Capitalizing on the rich historical record of late antiquity, and employing sophisticated methodologies from social and economic history, this book reinterprets the end of Roman slavery. Kyle Harper challenges traditional interpretations of a transition from antiquity to the Middle Ages, arguing instead that a deep divide runs through 'late antiquity', separating the Roman slave system from its early medieval successors. In the process, he covers the economic, social and institutional dimensions of ancient slavery and presents the most comprehensive analytical treatment of a pre-modern slave system now available. By scouring the late antique record, he has uncovered a wealth of new material, providing fresh insights into the ancient slave system, including slavery's role in agriculture and textile production, its relation to sexual exploitation, and the dynamics of social honor. By demonstrating the vitality of slavery into the later Roman empire, the author shows that Christianity triumphed amidst a genuine slave society.
A lively and comprehensive overview of Roman slavery, ideal for introductory-level students of the ancient Mediterranean world.
This is a reproduction of a book published before 1923. This book may have occasional imperfections such as missing or blurred pages, poor pictures, errant marks, etc. that were either part of the original artifact, or were introduced by the scanning process. We believe this work is culturally important, and despite the imperfections, have elected to bring it back into print as part of our continuing commitment to the preservation of printed works worldwide. We appreciate your understanding of the imperfections in the preservation process, and hope you enjoy this valuable book. ++++ The below data was compiled from various identification fields in the bibliographic record of this title. This data is provided as an additional tool in helping to ensure edition identification: ++++ The Roman Law Of Slavery: The Condition Of The Slave In Private Law From Augustus To Justinian William Warwick Buckland The University press, 1908 Persons (Roman law); Slavery (Roman law); Status (Law)