From Professor Paolo Farah, University of Tulsa School of Law: Upcoming Webinar: Taxation, Racial Capitalism, and the International Rule of Law: From Colonial Slavery to Global Governance
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A blog about law, the humanities, and popular culture
From Professor Paolo Farah, University of Tulsa School of Law: Upcoming Webinar: Taxation, Racial Capitalism, and the International Rule of Law: From Colonial Slavery to Global Governance
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From Symposium organizers, Aarhus University, Denmark
Dear colleagues,
Please find attached a call for papers for our 2 day seminar on ‘Authoring slavery’ which we are organizing at Aarhus University, from 18-19th of June 2024. Here is the link to the event on our website: Authoring slavery.
The deadline for paper proposals is March 1, 2024.
Please send a 300-500 words abstract, with name, email
and institutional affiliation to:
Pelckmans@hum.ku.dk
and madsbaggesgaard@cc.au.dk
You may also consider to propose an article for our
upcoming publication on Slavery, Authorship and Literary Culture, vol. 3 of
Comparative Literary History of Modern Slavery. Here the deadline is April 1.
Looking forward to your inspiring contributions!
And please share with interested colleagues.
Associate professor, PhD
Direct: +45 87 16 30 92
Mobile: +45 61 65 81 94
Dr. Lotte Pelckmans
P.S. Unfortunately, we do not dispose of funding to
support travel, but participation is free.
Some of the Constitution’s provisions decree that certain specific historical evils must not happen again. Such provisions generate a unique interpretive problem. The object of interpretation is not a word or a phrase, but a repudiated cluster of practices. Any construction of such provisions must offer a description of what was wrong with the original evil, so that the interpreter can decide whether the challenged action repeats that wrong. The description will inevitably be shaped by the values of the interpreter. Every historical episode is susceptible to multiple interpretations, depending on which aspects the interpreter deems salient. One danger, which happened in the past and is happening again, is that an interpreter who is untroubled by some aspects of the historical evil may improperly narrow its scope by deeming those aspects outside the prohibition. I illustrate this by focusing on two constitutional provisions, the Thirteenth Amendment’s prohibition of slavery and the First Amendment’s prohibition of establishments of religion. Each has been subjected to narrowing constructions, which focus on uncontroversial aspects of the historical wrong and then assert without further argument that they exhaust the provision’s coverage. The most recent instance of this maneuver is Justice Gorsuch’s reformulation of Establishment Clause law, cited with approval in his opinion for the Court in Kennedy v. Bremerton, which would allow previously impermissible public endorsements of specific religious beliefs. His interpretive strategy is the same one that the Court used to restrict the scope of the Thirteenth Amendment in the Civil Rights Cases, Plessy v. Ferguson, and Hodges v. United States.Download the article from SSRN at the link.
Numerous scholars have examined the reasons why Frederick Douglass shifted his position on the relationship between slavery and the Constitution (from embracing the Garrisonian condemnation of the document as a "covenant with death, and an agreement with hell" to embracing the position that slavery was unconstitutional) This article builds on that existing scholarship – including my own previous writings about Lysander Spooner’s interpretive philosophy – by examining Douglass’s “change of opinion,” the influence of Spooner, and why Spooner came to embrace the position that Douglass ultimately found so persuasive. Why did Spooner arrive at (and then write an exceptionally detailed two-part treatise explaining) the conclusion that not only was the Constitution anti-slavery but also that slavery itself was unconstitutional? I argue that a detailed analysis of Spooner’s legal education helps us to answer that question.Download the article from SSRN at the link.
Present-day courts, practitioners, and scholars continue to cite to and rely upon cases involving slavery and enslaved persons to construe, interpret, and apply common-law principles of property, contract, family, tort, and other areas of the law. Often a case’s connections to slavery are not acknowledged in citations. This erasing of context causes institutional harms by both embedding slave-based legal analysis in American legal structures and condoning the detrimental impacts of slavery in society. The deleterious effects of slavery persist through citations to cases involving enslaved persons to support such prosaic present-day issues as warranties on window glass. Slavery may no longer be legal, but its long shadow persists in citations and, thereby, is embedded in the information systems informing the legal profession. The information infrastructures that categorize case law and inform legal research ingrain racism in the American legal system by perpetuating and masking case law connections to slavery and enslaved persons. The legal profession has recently been criticized for the continued citation to cases that state good law or persuasive authority but are rooted in the institution of slavery. This chapter builds on this important research and contributes a necessary element to the discussion – namely how legal information infrastructures contribute to continuing citation to slave cases and how the library and information science (LIS) field can help institute change and promote racial justice.Download the essay from SSRN at the link.
Public status shapes private ordering. Personhood status, conferred or acknowledged by the state, determines whether one is a party to or the object of a contract. For much of our nation’s history the law deemed all persons of African descent to have a limited status, if given personhood at all. The property and partial personhood status of African-Americans combined with standards developed to facilitate the growth of the international commodities market for products, including cotton. The impact of that shift in status persists today. The commodities markets and the nations that arose and prospered would not be possible without the slave trade, and that trade would not be possible without the legal, business, and social norms in place to facilitate private ordering and growth while reinforcing the subjugation of African-Americans. Yet, many business and commercial law professors devote class time to teaching foundational and historical material, without any consideration of the impact of slavery. To avoid slavery in business and commercial law courses is to ignore an institution that played a pivotal role in much of what we do today. Slavery is not a frolic, it is foundational. Many American universities played a role in the slave trade—either receiving funds from the enterprise or receiving the enslaved as donations and using their labor or disposing of them for the financial advancement of the institution. In my Core Commercial Concepts course, a Uniform Commercial Code (UCC) survey class covering Articles 2, 3, 4, and 9, I devote time and space to discussions of race and the law by making the connection between the history of commercial concepts, slavery, and the role of the cotton industry in the shaping of international commercial law norms. In my simulation, described in this essay, I teach the story of Washington and Lee University’s sale of individuals for the purpose of ensuring the institution’s financial survival, then extrapolate from the facts to review the high points of commercial law. I incorporate materials on the legacy of slavery at my own institution to provide students with a scenario based on the acquisition of real property and construction of buildings they engage with on campus. In this essay I explain the methods I use to explore these concepts. Working in a framework that focuses on classification and status, my students consider issues of federalism and the impact of statutory definitions on private ordering, while discussing how these definitions shape the relationship of African-Americans to commerce.Download the article from SSRN at the link.
Historians and literary historians alike recognize David Walker's Appeal to the Coloured Citizens of the World (1829-1830) as one of the most politically radical and consequential antislavery texts ever published, yet the pamphlet's significant impact on North American nineteenth-century print-based activism has gone under-examined. In The Textual Effects of David Walker's "Appeal" Marcy J. Dinius offers the first in-depth analysis of Walker's argumentatively and typographically radical pamphlet and its direct influence on five Black and Indigenous activist authors, Maria W. Stewart, William Apess, William Paul Quinn, Henry Highland Garnet, and Paola Brown, and the pamphlets that they wrote and published in the United States and Canada between 1831 and 1851. She also examines how Walker's Appeal exerted a powerful and lasting influence on William Lloyd Garrison's Liberator and other publications by White antislavery activists. Dinius contends that scholars have neglected the positive, transnational, and transformative effects of Walker's Appeal on print-based political activism and literary and book history—that is, its primarily textual effects—due to an enduringly narrow focus on the violence that the pamphlet may have occasioned. She offers as an alternative a broadened view of activism and resistance that centers the works of Walker, Stewart, Apess, Quinn, Garnet, and Brown within an exploration of radical forms of authorship, publication, civic participation, and resistance. In doing so, she has written a major contribution to African American literary studies and the history of the book in antebellum America.
Racism is the use of Black people to achieve the goals of white people without regard to the personhood, humanity, and agency of Blacks. This essay explores this definition of racism by tracing the influence of the twin institutions of law and religion in creating and maintaining the slave system in early colonial America. The essay then demonstrates the pernicious and persistent nature of racism by mapping this definition onto the current COVID-19 pandemic and its disproportionate impact on Black Americans.Download the article from SSRN at the link.
This article examines the reflections on slavery by a group of 16th-century scholastics considered members or followers of the so-called School of Salamanca. I show that a gradual process of critical awareness developed regarding both the concept of natural slavery and its justifications. After pointing to the fact that Native Americans and Africans were the first victims of the modern application of the concept of natural slavery, I identify the most important milestones leading up to the intellectual dismantling of the concept, effectively leaving it without a recognizable point of reference in the real world. In a further step, I point out that, despite the theory of natural slavery having been abandoned, the practices that protected legal slavery since antiquity persisted in Spanish America, especially when applied to African slaves. Some of these thinkers contributed to a first wave of accusatory pleadings against the persistent deception intentionally used by slave sellers and owners to circumvent the legal clauses dictated by the Spanish Monarchy governing the release of Africans unjustly deprived of freedom. Nevertheless, and despite the pioneering critiques offered by figures such as Bartolomé de Las Casas and Tomás de Mercado, the Salamanca scholars were not unanimous in their support of this criticism. In fact, we can identify in the writings of Francisco de Vitoria and Domingo de Soto the core of the legal and moral-theological argumentation utilized by many buyers and sellers all the way up to the 19th century. As I show, at this time, an alleged invincible ignorance about the conditions under which a slave brought to the Western Indies had been enslaved was sufficient to warrant a just title, thus granting the ownership to holders in the Americas.Download the article from SSRN at the link.
While slave-owning students at Princeton rarely constituted a majority of students, they were often a large plurality of the students in the antebellum period. Because of Princeton's historic role in educating southerners, it has sometimes been referred to as the most southern of the Ivy League schools. So many students from the United States South enrolled at Princeton during the first several decades of the college that one observer wrote that one might take Princeton for a ‘Southern college slipped from its geographical moorings.’ This article explores the extent to which and whether Princeton behaved like a southern institution in its speech and actions concerning slavery and emancipation.The full text is not available for download from SSRN.