Development of Virginia Slavery
Summary :
Table of Contents
- Introduction
- Interest of the run aways
- Trading with the servants
- Casual killing of slaves
- Defining the slaves
- Conclusion
- References
Abstract
A portion of the rationalization of the "peculiar institution" of slavery in colonial America was predicated upon legal argumentation. While complex social, economic and cultural factors also played significant roles in that rationalization, this paper focuses on the legal thought that informed the development of slavery in virginia between 1660 and 1705.
Underlying the legal argumentation is the fact that English common law, in establishing liability, distinguishes between entities capable of guilt and those that are not. Such entities are framed either as persons with legal rights, or as objects created, disposed of or owned by legal persons. This issue of defining legal status - i.e., whether an entity was a person, or an owned object - is central to the legislation passed regarding slaves in colonial America.
Underlying the legal argumentation is the fact that English common law, in establishing liability, distinguishes between entities capable of guilt and those that are not. Such entities are framed either as persons with legal rights, or as objects created, disposed of or owned by legal persons. This issue of defining legal status - i.e., whether an entity was a person, or an owned object - is central to the legislation passed regarding slaves in colonial America.
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