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The Legal Understanding of SlaveryFrom the Historical to the Contemporary$
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Jean Allain

Print publication date: 2012

Print ISBN-13: 9780199660469

Published to Oxford Scholarship Online: January 2013

DOI: 10.1093/acprof:oso/9780199660469.001.0001

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PRINTED FROM OXFORD SCHOLARSHIP ONLINE (oxford.universitypressscholarship.com). (c) Copyright Oxford University Press, 2020. All Rights Reserved. An individual user may print out a PDF of a single chapter of a monograph in OSO for personal use. date: 25 November 2020

Slavery in the United States

Slavery in the United States

Persons or Property?

Chapter:
(p.105) 6 Slavery in the United States
Source:
The Legal Understanding of Slavery
Author(s):

Paul Finkelman

Publisher:
Oxford University Press
DOI:10.1093/acprof:oso/9780199660469.003.0007

This chapter studies slavery in the United States, specifically how the Supreme Court and the U.S. Constitution defined and understood it. It first shows how slavery was protected by law due to the efforts of the framers of the 1787 Constitutional Convention. It then explains how the Supreme Court came to define slavery through its legal system. This chapter also demonstrates the way the legal system balanced the dual status of slaves as ‘people’ and ‘property’.

Keywords:   Supreme Court, U.S. Constitution, 1787 Constitutional Convention, legal system, dual status

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