This chapter addresses developments in Late Antiquity, which witnessed a partial shift to more land-based conceptions of both ownership and rulership. The prior literature has pointed to two explanatory factors: the decline of classical polis culture amidst the deurbanization of Late Antiquity, and the rise of Christianity. The chapter draws together the threads of this literature, in order to develop an account of late antique cultural change. Classical Roman property law, it argues, had its context in classical cities. The relative decay of urban dominance and the rise of Christianity tended to undermine the classical foundations of the law of both ownership and rulership. The Empire was reconceived in more territorial terms, while classical conceptions of elite power faltered. The resulting shifts did not result in any decisive and thoroughgoing transformation of the understanding of ownership and rulership, but they set the stage for later developments of great significance.

This chapter discusses archaic Roman property law, whose symbolism and terminology show a striking orientation toward the ownership of living creatures, human and animal. That symbolism and terminology was seized upon by many of the leading thinkers of the past, who believed it offered clues to the origins of human society. It was also seized upon by both Communist and Fascist ideologues. Today, by contrast, its significance is generally dismissed. Modern scholarship has been heavily dedicated to reconstructing the socio-economic realities; scholars often deploy their learning to dispel the “myths” in the sources, among them the myths in the archaic Roman sources. Yet the myths matter; “idioms of power” cannot simply be written off. The chapter brings the anthropology of property law to bear on the interpretation of these mysterious sources, and describes the long intellectual and political history of their interpretation and ideological use.

This chapter discusses the early modern transformation of the law. By the end of the eighteenth century, the law of ownership was firmly centered on land and the conception of the state was becoming firmly territorial, while the nineteenth century witnessed the abolition of the lawful private ownership of human beings. The chapter traces the rise of an early modern conception of property, which held that acquisition was primarily acquisition of land, and that it was established through cultivation rather than mere occupation. It shows how the venerable law of use rights found a home under a new doctrinal rubric, eminent domain, and discusses the transformation of the ancient law of enslavement through war. The chapter draws on the work of historians of the state who study the rise of a territorial understanding of sovereignty. It emphasizes the long legal history behind the disappearance of lawful private enslavement.

This chapter discusses the early modern transformation of the law. By the end of the eighteenth century, the law of ownership was firmly centered on land and the conception of the state was becoming firmly territorial, while the nineteenth century witnessed the abolition of the lawful private ownership of human beings. The chapter traces the rise of an early modern conception of property, which held that acquisition was primarily acquisition of land, and that it was established through cultivation rather than mere occupation. It shows how the venerable law of use rights found a home under a new doctrinal rubric, eminent domain, and discusses the transformation of the ancient law of enslavement through war. The chapter draws on the work of historians of the state who study the rise of a territorial understanding of sovereignty. It emphasizes the long legal history behind the disappearance of lawful private enslavement.

This chapter discusses the formation of high classical Roman property law, which displays what Orlando Patterson calls a master/slave “idiom of power.” It focuses on the emergence of the term dominus, “master,” as the ordinary word for “owner.” The rise of the dominus was once the topic of extensive analysis and controversy, and it figured prominently in the ideologies of Communism and Fascism. It has, however, been forgotten by contemporary scholars. The chapter sets out to revive this forgotten topic. Drawing on Roman social history, the chapter argues that the appearance of the new terminology of the dominus in classical law can be linked to important social changes in the nature of Roman elite power. The chapter closes by arguing that Roman property law bore a kinship to classical Greco-Roman religion, which was marked by the “symbolism and ideology of the paradigmatic hunter.”

This chapter discusses the most famous hypothesis about the development of property law: that Western social evolution was determined by a passage “from slavery to feudalism,” from the ownership of humans in the slave economies of Antiquity to the ownership of land in the feudal economies of the Middle Ages. That hypothesis was embraced by Marx, Weber, Bloch, and many others, but has been rejected today, because it rested on claims about economic history that have been proven dubious. The chapter argues that there was truth in the classical hypothesis, but that it should be reinterpreted as an account of transformation in the legal imagination. The chapter investigates the origins of the classic theories, and makes the case that the classic thinkers erred by mistaking the imaginative orientations in the legal sources for the economic realities.

This chapter challenges the idea that the classical Roman jurists were “pioneers of human rights.” The jurists had no doubts about the legitimacy of the hunt for human prey in war. Quite the contrary: they thought of the capture and enslavement of enemies as a paradigm of just acquisition. It is crucial that we come to terms with this ancient belief system: We must recognize that the classical jurists did not see any need for justification for slavery beyond the fact of victory in battle or in the sack of cities. The use of theories like Aristotelean natural slavery or the teaching that slavery arose out of the consent of the victim date only to the early modern period. The chapter closes by discussing how the jurists used the model of the hunt for human and animal prey as the basis for analogical reasoning.

This chapter explores the many forms of bondage in the early English tropics, showing how difficult it can be to even define slavery from a global perspective, especially over the course of the seventeenth century. There was a blurry line between slavery and other conditions of bondage or subjugation, but the English gradually developed a more consistent approach to non-European enslavement across the tropics. By the 1680s, one particularly inflexible and brutal genus of racial slavery – forged in the Caribbean – had outcompeted most other forms of slavery and became the default in the English empire. This chapter highlights the difficulty in defining slavery and shows overlapping elements in bondage systems in the English tropics. It argues that one of the reasons that English slavery became more draconian and permanent than most other forms of slavery was that the English took steps in the comprehensive slave codes passed in the Caribbean to deny the subjecthood of the enslaved.

This chapter traces the developing English empire across the global tropics. Like their European rivals, English colonists, traders, and governors turned to forced labor and migration to maintain the tropical empire. As they forged this empire, English investors experimented with a wide variety of different colonial models. The early empire was not so neatly divided into territorial expansion in the West and commercial settlement in the East. English colonial architects tried to extend plantation agriculture beyond the Americas to West Africa and the Indian Ocean, and they tried to bring the spices and peppers of the East Indies to the West Indies to grow. They became both imitators and innovators, modeling the successful endeavors of European rivals but also carving their own path. Many of their overseas ventures were utter failures. Yet, slave-produced goods and factories constructed and maintained by forced labor ensured profit margins that would be high enough to continue to attract investors. By the end of the seventeenth century, slavery had become the defining feature of the English tropical empire, and there were slave majorities at most English sites in the tropics.

The introduction establishes seventeenth-century English ideas about the tropics, showing that they conceptualized the tropical or “torrid zone” as a coherent and distinct entity. The English thought of that region as both more abundant in resources and more deadly than the more temperate zones. This tropical zone was the focus of early English overseas expansion. The Atlantic World perspective may be too limiting as a geographical framework for understanding the rise of the English empire. Scholars should explore English colonization models across the tropics in the eastern and western hemisphere in a comparative perspective to better appreciate both the development of the early empire and the origins and rise of slavery within that empire. The introduction also argues that the distinctiveness of the variant of slavery that emerged in the English empire can best be understood through the broader framework of the global tropics, linking the Atlantic and Indian oceans.

Identified by Immanuel Wallerstein as the first true hegemon, the Dutch Empire dominated maritime commerce in the seventeenth century. Amsterdam emerged as the world’s alpha city, the site of the first true global multinational corporations. In tandem with corporate activities including the founding of New York City, Cape Town, and Jakarta, Amsterdam established the first modern stock market. It also solidified the North–South power imbalance. European powers extracted the labor and raw materials of far-flung colonies, refining them at higher value. The under-populated Dutch Empire relied on forced migration and slave labor to produce valuable goods such as sugar, tobacco, and spices. This chapter traces the emergence of a city network in the Low Countries that prefigured its independence from Spain, and the construction of its own imperial network. The Dutch city network expanded globally, establishing critical nodes in West Africa, the Americas, the Caribbean, and Asia to manage the flow of resources and labor. Amsterdam’s place at the top of the world city hierarchy led to rising inequality, prefiguring modern urban “command centers.”

Although no comparable preoccupation with freedom developed in any other part of the world, each region had its own experiences of it. This was true of Africa, but the difficult conditions of survival promoted a reliance on other values, such as courage, honor, and loyalty. The widespread presence of slavery, only rarely as harsh as in the West, and sometimes entered into voluntarily to ward off some crisis, impeded the diffusion of liberty as a value for society as a whole. Islamic society was pervaded by an egalitarian spirit based on the universal submission of everyone to God, but political rule was absolute once established, and only justice, not liberty, set limits to what rulers could do. Formally an empire, Mughal India displayed many forms of local independence, but those who exercised local authority regarded themselves as channels of sovereign power rather than as barriers to it. In China imperial authority was formally absolute but in practice people enjoyed much freedom of action, even against state officials. As in India, however, these limits on imperial authority were not conceived as liberties, chiefly because the state was regarded as essential to providing the moral order on which stable civilized life depended.

This chapter addresses the three earliest constitutional lineages, in the USA, France and Poland. It shows how these constitutional forms were shaped by imperialism and how the intensification of military policies in the eighteenth century defined the patterns of citizenship that they developed. It also shows how, diversely, each constitutions established a polity with militarized features, so that the different between national and imperial rule was often slight. To explain this, it addresses Napoleonic constitutionalism in Fance and the tiered citizenship regimes that characterized the American Republic in the nineteenth century.

This chapter focuses on historian Charles Sellers’ argument that by the mid-nineteenth century, many white southerners, influenced by the spirit of American democracy and the values of evangelical Christianity, could never fully embrace the proslavery argument and maintained only a half-hearted commitment to the region’s peculiar institution based on economic necessity and racial fear. Sellers argued that most white southerners experienced moral unease if not full-fledged guilt over how to justify living in a slaveholding society. In Sellers’ view, this “travail of slavery” burdened white southerners throughout the late antebellum period and even beyond emancipation. Subsequent scholarship initially supported Sellers’ argument that white southerners experienced varying measures of guilt over slavery. But during the 1970s, an array of new scholarly studies revealed that most white southerners eagerly defended slavery as a necessary institution and accepted the racial justification for slavery and thus retained a deep commitment to white supremacy.

This chapter examines the emergence of constitutional law in South America, showing how military politics in the Spanish and Portuguese empires had enduring impact on the formation of citizenship regimes in this region. It focuses on Brazil and Colombia as two divergent but also overlapping models of militarized constitutionalism. It assesses how both states acquired military and semi-imperialist features as their independence was consolidated. It also discusses how national processes of integration and citizenship formation were conducted by armies, such that, in Brazil in particular, the army was an early trier of democratic institution building.

This chapter explores how enslaved people developed legal know-how about Castilian laws of slavery and freedom, and shared and exchanged such information with others. In particular, the chapter focuses on the history of enslaved Black people’s determination to raise capital or credit to purchase their liberty from their enslavers. The chapter explores how enslaved Black men and women often plotted their paths to liberty through economic decisions by focusing on the lives of enslaved Black people who resided in the towns along the Camino Real in New Spain between Veracruz and Mexico City during a time of economic boom in the late sixteenth century. Notarial records that cataloged the self-purchase and liberation of enslaved people in port towns of the Spanish Atlantic often reveal how enslaved Black people developed social ties and capital among kin, friends, and charitable residents, and consorted with people from varied socioeconomic backgrounds who lived or passed through the places where they resided. These records index a history of conversations about strategies to obtain liberty among enslaved Black people and relationships across different socioeconomic spheres that allowed for some enslaved people to access precious credit to pay for their liberty.