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Introduction

Published online by Cambridge University Press:  02 July 2021

Lee B. Wilson
Affiliation:
Clemson University, South Carolina
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Summary

This study’s introduction presents a new way of understanding the development of slave law in plantation America. Rather than viewing slave law as an aberration or a unique colonial development, I argue that it was a natural outgrowth of an early modern English legal system that was built around procedures, forms, categories, and concepts. English men and women did not think of “law” as a creature of substance, as we do. Rather, they encountered “law” first and foremost as a set of practices and procedures. This owed much to the early development of English common law, which coalesced around a set of formal procedures and rules administered by the King’s central courts in Westminster. Among the most important of these was the writ system, which gave litigants access to remedies in the Court of Common Pleas and the Court of King’s Bench. Because the formulae of most writs had congealed by the thirteenth century, litigants could only seek relief at common law if they could fit a complaint within a preexisting writ form. The resulting reification of form had significant legal and cultural consequences. Most importantly for our purposes, it transformed procedure into a site of innovation. Although we tend to associate procedure with rigidity, early modern litigants, advocates, and judges learned to work within English law’s extant procedural parameters in order to accomplish their particular legal goals. By deploying legal fictions and expanding older categories, they found ways to make new facts fit old forms.

Type
Chapter
Information
Bonds of Empire
The English Origins of Slave Law in South Carolina and British Plantation America, 1660–1783
, pp. 1 - 28
Publisher: Cambridge University Press
Print publication year: 2021

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  • Introduction
  • Lee B. Wilson, Clemson University, South Carolina
  • Book: Bonds of Empire
  • Online publication: 02 July 2021
  • Chapter DOI: https://doi.org/10.1017/9781108861762.001
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  • Introduction
  • Lee B. Wilson, Clemson University, South Carolina
  • Book: Bonds of Empire
  • Online publication: 02 July 2021
  • Chapter DOI: https://doi.org/10.1017/9781108861762.001
Available formats
×

Save book to Google Drive

To save content items to your account, please confirm that you agree to abide by our usage policies. If this is the first time you use this feature, you will be asked to authorise Cambridge Core to connect with your account. Find out more about saving content to Google Drive.

  • Introduction
  • Lee B. Wilson, Clemson University, South Carolina
  • Book: Bonds of Empire
  • Online publication: 02 July 2021
  • Chapter DOI: https://doi.org/10.1017/9781108861762.001
Available formats
×