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3 - By Force It Was Destroyed

Published online by Cambridge University Press:  04 May 2023

Giuliana Perrone
Giuliana Perrone
Affiliation:
University of California, Santa Barbara
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Summary

In a series of case studies, this chapter surveys the methods by which judges determined when and how emancipation occurred. By examining opinions at this granular level, it demonstrates that in law as in practice, emancipation happened many times over; reveals the variety of ways that judges believed slave property became free people; and explores the judicial struggle to arrive at such determinations. It ultimately explores judicial interpretations of where the sovereign power to liberate bondspeople resided.

Keywords

date of emancipationsovereigntymiltary defeatconquest
Type
Chapter
Information
Nothing More than Freedom
The Failure of Abolition in American Law
 , pp. 73 - 111
Publisher: Cambridge University Press
Print publication year: 2023

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