Michael Kay and Lorin Cary illuminate new aspects of slavery in colonial America by focusing on North Carolina, which has largely been ignored by scholars in favor of the more mature slave systems in the Chesapeake and South Carolina. Kay and Cary demonstrate that North Carolina's fast-growing slave population, increasingly bound on large plantations, included many slaves born in Africa who continued to stress their African pasts to make sense of their new world. The authors illustrate this process by analyzing slave languages, naming practices, family structures, religion, and patterns of resistance. Kay and Cary clearly demonstrate that slaveowners erected a Draconian code of criminal justice for slaves. This system played a central role in the masters' attempt to achieve legal, political, and physical hegemony over their slaves, but it impeded a coherent attempt at acculturation. In fact, say Kay and Cary, slaveowners often withheld white culture from slaves rather than work to convert them to it. As a result, slaves retained significant elements of their African heritage and therefore enjoyed a degree of cultural autonomy that freed them from reliance on a worldview and value system determined by whites.

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.

Excerpt from Slavery and Servitude in the Colony of North Carolina Conditions in the South were favorable to slavery. Large stretches Of fertile land, warm Climate, at once congenial to the negroe's and enervating to the whites, and in some places unhealthy regions where white men did not care to work; all these helped to draw slavery to America. Planted at first in the Spanish possessions of the West Indies, it spread as soon as the mainland was settled along the entire coast from Jamestown, both northward and southward. The method by which this extension was accomplished is inter esting. It may be divided for our. Purposes into two stages, an experimental stage and a stage Of diffusion. About the Publisher Forgotten Books publishes hundreds of thousands of rare and classic books. Find more at www.forgottenbooks.com This book is a reproduction of an important historical work. Forgotten Books uses state-of-the-art technology to digitally reconstruct the work, preserving the original format whilst repairing imperfections present in the aged copy. In rare cases, an imperfection in the original, such as a blemish or missing page, may be replicated in our edition. We do, however, repair the vast majority of imperfections successfully; any imperfections that remain are intentionally left to preserve the state of such historical works.