Despite the recent rebirth of scholarly interest in the law of slavery, Kenneth Stampp's The Peculiar Institution contains the best twentieth century overview of the internal law of slavery in the antebellum South. Nevertheless, Stampp's interpretation leaves unresolved the ‘dilemma’ that he argues also puzzled slave masters, legislators, and magistrates: How the law could recognize slaves both as ‘property’ and as ‘persons.’ To Stampp, the ‘dual character of the slave’ was an irreconcilable contradiction:
…there was no way to resolve the contradiction implicit in the very term ‘human property.’ Both legislators and judges frequently appeared erratic in dealing with bondsmen as both things and persons.
Although Stampp states that, ‘the slave's status as property was incompatible with his status as a person,’ he concludes that ‘throughout the antebellum South…legally, the slave was less a person than a thing.’