Double Character Slavery and Mastery in the Antebellum Southern Courtroom

ISBN-10: 082032860X
ISBN-13: 9780820328607
Edition: 2006
List price: $29.95
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Description: This groundbreaking study of the law and culture of slavery in the antebellum Deep South takes readers into local courtrooms where people settled their civil disputes over property. Buyers sued sellers for breach of warranty when they considered  More...

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Book details

List price: $29.95
Copyright year: 2006
Publisher: University of Georgia Press
Publication date: 10/15/2006
Binding: Paperback
Pages: 280
Size: 6.00" wide x 8.75" long x 0.75" tall
Weight: 1.078
Language: English

This groundbreaking study of the law and culture of slavery in the antebellum Deep South takes readers into local courtrooms where people settled their civil disputes over property. Buyers sued sellers for breach of warranty when they considered slaves to be physically or morally defective; owners sued supervisors who whipped or neglected slaves under their care.How, asks Ariela J. Gross, did communities reconcile the dilemmas such trials raised concerning the character of slaves and masters? Although slaves could not testify in court, their character was unavoidably at issue--and so their moral agency intruded into the courtroom. In addition, says Gross, "wherever the argument that black character depended on management by a white man appeared, that white man's good character depended on the demonstration that bad black character had other sources."This led, for example, to physicians testifying that pathologies, not any shortcomings of their master, drove slaves to became runaways. Gross teases out other threads of complexity woven into these trials: the ways that legal disputes were also affairs of honor between white men; how witnesses and litigants based their views of slaves' character on narratives available in the culture at large; and how law reflected and shaped racial ideology. Combining methods of cultural anthropology, quantitative social history, and critical race theory,Double Characterbrings to life the law as a dramatic ritual in people's daily lives, and advances critical historical debates about law, honor, and commerce in the American South.

MU: Emeritus Professor of History and Public Policy at Virginia Commonwealth University; co-author of Documents of American Constitutional and Legal History, Volumes 1 & 2, 2e (OUP, 2001). PF: Chapman Distinguished Professor of Law at Albany Law School, co-author of Documents of American Constitutional and Legal History, Volumes 1 & 2, 2e (OUP, 2001) and American Legal History, 3e (OUP 2004).

Timothy S. Huebner, L. Palmer Brown Professor of Interdisciplinary Humanities and Chair of the Department of History at Rhodes College, is author of <i>The Taney Court: Justices, Rulings, and Legacy</i> and coeditor, with Kermit L. Hall, of <i>Major Problems in American Constitutional History</i>, second edition. He and Paul Finkelman edit the series Studies in the Legal History of the South.

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