During the era of revolution, independence, and emancipation in the north Atlantic, slavery and freedom were fluid and contested concepts. Individuals and groups turned to courts of law to define and enforce the status of indigenous Americans, forcibly imported Africans, and colonizing Europeans -- and their progeny. Legal institutions of the state manufactured and mediated a new, dynamic concept of freedom, inventing categories of race and codifying white privilege. In this collection of documents from the French, British, Spanish, and Portuguese empires, Peabody and Grinberg introduce the voices of slaves, slave-holders, jurists, legislators, and others who struggled to critique, overturn, justify, or simply describe the social order in which they found themselves. Discussion questions, illustrations, a glossary, and a bibliography allow students to analyze these rich documents and discern their lasting influences.

Winner of the Jerry H. Bentley Book Prize, World History Association The success of the English colony of Barbados in the seventeenth century, with its lucrative sugar plantations and enslaved African labor, spawned the slave societies of Jamaica in the western Caribbean and South Carolina on the American mainland. These became the most prosperous slave economies in the Anglo-American Atlantic, despite the rise of enlightened ideas of liberty and human dignity. Slave Law and the Politics of Resistance in the Early Atlantic World reveals the political dynamic between slave resistance and slaveholders’ power that marked the evolution of these societies. Edward Rugemer shows how this struggle led to the abolition of slavery through a law of British Parliament in one case and through violent civil war in the other. In both Jamaica and South Carolina, a draconian system of laws and enforcement allowed slave masters to maintain control over the people they enslaved, despite resistance and recurrent slave revolts. Brutal punishments, patrols, imprisonment, and state-sponsored slave catchers formed an almost impenetrable net of power. Yet slave resistance persisted, aided and abetted by rising abolitionist sentiment and activity in the Anglo-American world. In South Carolina, slaveholders exploited newly formed levers of federal power to deflect calls for abolition and to expand slavery in the young republic. In Jamaica, by contrast, whites fought a losing political battle against Caribbean rebels and British abolitionists who acted through Parliament. Rugemer’s comparative history spanning two hundred years of slave law and political resistance illuminates the evolution and ultimate collapse of slave societies in the Atlantic World.

The contributors investigate the cultural consequences of manumission as well as the changing economic conditions that limited the practice by the eighteenth century to understand better the social implications of this multifaceted aspect of the system of slavery.

This groundbreaking collection provides the first comparative history of gender and emancipation in the Atlantic world. Bringing together essays on the United States, Brazil, Cuba, Puerto Rico, West Africa and South Africa, and the Francophone and Anglophone Caribbean, it shows that emancipation was a profoundly gendered process, produced through connections between race, gender, sexuality, and class. Contributors from the United States, Canada, Europe, the Caribbean, and Brazil explore how the processes of emancipation involved the re-creation of gender identities—the production of freedmen and freedwomen with different rights, responsibilities, and access to citizenship. Offering detailed analyses of slave emancipation in specific societies, the contributors discuss all of the diverse actors in emancipation: slaves, abolitionists, free people of color, state officials, and slave owners. Whether considering the construction of a postslavery masculine subjectivity in Jamaica, the work of two white U.S. abolitionist women with the Freedmen’s Bureau after the Civil War, freedwomen’s negotiations of labor rights in Puerto Rico, slave women’s contributions to the slow unraveling of slavery in French West Africa, or the ways that Brazilian abolitionists deployed representations of femininity as virtuous and moral, these essays demonstrate the gains that a gendered approach offers to understanding the complex processes of emancipation. Some chapters also explore theories and methodologies that enable a gendered reading of postslavery archives. The editors’ substantial introduction traces the reasons for and patterns of women’s and men’s different experiences of emancipation throughout the Atlantic world. Contributors. Martha Abreu, Sheena Boa, Bridget Brereton, Carol Faulkner, Roger Kittleson, Martin Klein, Melanie Newton, Diana Paton, Sue Peabody, Richard Roberts, Ileana M. Rodriguez-Silva, Hannah Rosen, Pamela Scully, Mimi Sheller, Marek Steedman, Michael Zeuske

This comparative study looks at the laws concerning the murder of slaves by their masters and at how these laws were implemented. Andrew T. Fede cites a wide range of cases--across time, place, and circumstance--to illuminate legal, judicial, and other complexities surrounding this regrettably common occurrence. These laws had evolved to limit in different ways the masters' rights to severely punish and even kill their slaves while protecting valuable enslaved people, understood as "property," from wanton destruction by hirers, overseers, and poor whites who did not own slaves. To explore the conflicts of masters' rights with state and colonial laws, Fede shows how slave homicide law evolved and was enforced not only in the United States but also in ancient Roman, Visigoth, Spanish, Portuguese, French, and British jurisdictions. His comparative approach reveals how legal reforms regarding slave homicide in antebellum times, like past reforms dictated by emperors and kings, were the products of changing perceptions of the interests of the public; of the individual slave owners; and of the slave owners' families, heirs, and creditors. Although some slave murders came to be regarded as capital offenses, the laws con-sistently reinforced the second-class status of slaves. This influence, Fede concludes, flowed over into the application of law to free African Americans and would even make itself felt in the legal attitudes that underlay the Jim Crow era.

The institution of slavery has always depended on enforcing the boundaries between slaveholders and the enslaved. As historical geographer Miles Ogborn reveals in The Freedom of Speech, across the Anglo-Caribbean world the fundamental distinction between freedom and bondage relied upon the violent policing of the spoken word. Offering a compelling new lens on transatlantic slavery, this book gathers rich historical data from Barbados, Jamaica, and Britain to delve into the complex relationships between voice, slavery, and empire. From the most quotidian encounters to formal rules of what counted as evidence in court, the battleground of slavery lay in who could speak and under what conditions. But, as Ogborn shows through keen attention to both the traces of talk and the silences in the archives, if enslavement as a legal status could be made by words, it could be unmade by them as well. A deft interrogation of the duality of domination, The Freedom of Speech offers a rich interpretation of oral cultures that both supported and constantly threatened to undermine the slave system.

Explores the legal relationships of enslaved people and their descendants during the sixteenth and seventeenth centuries in Spanish America Atlantic slavery can be overwhelming in its immensity and brutality, as it involved more than 15 million souls forcibly displaced by European imperialism and consumed in building the global economy. Mastering the Law: Slavery and Freedom in the Legal Ecology of the Spanish Empire lays out the deep history of Iberian slavery, explores its role in the Spanish Indies, and shows how Africans and their descendants used and shaped the legal system as they established their place in Iberoamerican society during the seventeenth century. Ricardo Raúl Salazar Rey places the institution of slavery and the people involved with it at the center of the creation story of Latin America. Iberoamerican customs and laws and the institutions that enforced them provided a common language and a forum to resolve disputes for Spanish subjects, including enslaved and freedpeople. The rules through which Iberian conquerors, settlers, and administrators incorporated Africans into the expanding Empire were developed out of the need of a distant crown to find an enforceable consensus. Africans and their mestizo descendants, in turn, used and therefore molded Spanish institutions to serve their interests.Salazar Rey mined extensively the archives of secular and religious courts, which are full of complex disputes, unexpected subversions, and tactical alliances among enslaved people, freedpeople, and the crown. The narrative unfolds around vignettes that show Afroiberians building their lives while facing exploitation and inequality enforced through violence. Salazar Rey deals mostly with cases originating from Cartagena de Indias, a major Atlantic port city that supported the conquest and rule of the Indies. His work recovers the voices and indomitable ingenuity that enslaved people and their descendants displayed when engaging with the Spanish legal ecology. The social relationships animating the case studies represent the broader African experience in the Americas during the sixteenth and seventeenth centuries.