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Law

Ethnic Studies Review

2004

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Full-Text Articles in Social and Behavioral Sciences

Law And The Making Of Slavery In Colonial Virginia, Ashton Wesley Welch Jan 2004

Law And The Making Of Slavery In Colonial Virginia, Ashton Wesley Welch

Ethnic Studies Review

Some authorities from the antebellum period to the present have located the source of the American law of slavery in continental civil law codes and hence in Roman slave law. They have been unable or unwilling to connect the brutal system of institutionalized racial slavery that emerged in Virginia and elsewhere in the American slave kingdom with what they have perceived as an open, freedom-favoring Anglo-American legal system and have thus sought an explanation of its legal underpinnings in other jurisdictical standards. Both the absence of chattel slavery in English law and the common law's claimed bias in favor ...