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Slavery - Papers Online

Slavery

The injunction to examine the working of courts in context is relatively easily obeyed in societies where judicial decisions were diligently recorded. English historians, for instance, have used the reams of paper generated by the courts that dealt with serious crimes. As a result we have detailed accounts both of the relative frequencies of different kinds of criminal prosecutions and the outcomes of those prosecuted, and of the nature of interactions in and outside the courtroom.(n2) Even in England, where many court decisions were recorded, the great majority of legal interactions are beyond the reach of the quantitative historian, since they were made by magistrates who did not note ...

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crimes, whatever their seriousness, were tried before 1788 in slave courts overseen by groups of magistrates and freeholders, without juries.(n4) Although the courts were supposed to keep a record of their proceedings in a distinct book, very little evidence of their day-to-day operation survives, quite likely because many of the magistrates involved failed to observe this legal requirement.(n5) Nor are newspapers, for later periods an important source for the study of court proceedings, available for the period prior to the 1780s.(n6)

As a result of these evidentiary limitations, scholars who have attempted to examine the operation of law in Jamaica and other British Caribbean slave societies have usually relied on analyzing developments in colonial statute law and in particular on the slave codes. These sources are useful: the successive criminalization of more and more actions by slaves, from drumming, to hunting, to gathering after dark provides a telling measure of the ...

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PAPER DETAILS
Added: 3/10/2011 12:22:15 PM
Submitted By: pinny5285
Category: World History
Type: Premium Paper
Words: 569
Pages: 3

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