Justine K. Collins - Tracing British West Indian Slavery Laws: A Comparative Analysis of Legal Transplants

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Tracing British West Indian Slavery Laws

This book provides a legal historical insight into colonial laws on enslavement and the plantation system in the British West Indies.

The volume is a work of comparative legal history of the English-speaking Caribbean which concentrates on how the laws of England served to catalyse the slavery laws and also legislation pertaining to post-emancipation societies. The book illustrates how these borrowed laws from England not only developed colonial slavery laws within the English-speaking Caribbean but also inspired the slavery codes of a number of North American plantation systems. The cusp of the work focuses on the interconnectivities among the English-speaking slave-holding Atlantic and how persons, free and unfree, moved throughout the system and brought laws with them which greatly affected the various slave societies.

The book will be essential reading for students and researchers interested in colonial slavery, Caribbean studies and Black and Atlantic history.

Justine K. Collins, Faculty of Law, Goethe University, Frankfurt, Germany

Routledge Studies in Comparative Legal History

This series covers the general area of comparative legal history, including contributions focusing on both internal legal history, i.e., doctrinal and disciplinary developments in the law, and external legal history, i.e., legal ideas and institutions in wider contexts. Considering the various legal traditions worldwide, the series also welcomes works dealing with other laws and customs from around the globe. Temporal or geographical in approach, the series will consider both legal and similar law-like normative traditions. Works encompassing views from different schools of thought and contributions from comparative and transnational historiography, including interdisciplinary approaches, are encouraged. With a focus on higher level research in the form of monographs and edited collections, proposals for supplementary reading and textbooks are also welcomed.

Series editors:

Aniceto Masferrer is Professor of Legal History and teaches legal history and comparative law at the Faculty of Law, University of Valencia, Spain. He has published extensively on criminal law from an historical and comparative perspective, as well as on the codification movement and fundamental rights in the Western legal tradition. Heikki Tapio Pihlajamki is Professor of Comparative Legal History, Faculty of Law, University of Helsinki, Finland. He has published widely, in a number of languages, on various aspects of comparative legal history.

Series board:

Tatjana Borisova, Higher School of Economics, St. Petersburg

Luisa Brunori, Lille 2 University

Emanuele Conte, Universit degli Studi Roma Tre

Matthew Dyson, University of Oxford

Manuel Gutan, Lucian Blaga University of Sibiu

Dirk Heirbaut, Ghent University

Phillip Hellwege, University of Augsburg

Mia Korpiola, University of Turku

Marju Luts-Sootak, University of Tartu

Emi Matsumoto, Aoyama Gakuin University

Matthew C. Mirow, Florida International University

Ulrike Mig, Universitt Passau

Jacques du Plessis, Stellenbosch University

Helle Vogt, University of Copenhagen

James Q. Whitman, Yale Law School

Alain Wijffels, Universit Catholique de Louvain, Leiden University, CNRS

Titles in this series:

Tracing British West Indian Slavery Laws

A Comparative Analysis of Legal Transplants

Justine K. Collins

For more information about this series, please visit: www.routledge.com/Routledge-Studies-in-Comparative-Legal-History/book-series/COMPLEGHIST

First published 2022

by Routledge

2 Park Square, Milton Park, Abingdon, Oxon OX14 4RN

and by Routledge

605 Third Avenue, New York, NY 10158

Routledge is an imprint of the Taylor & Francis Group, an informa business

2022 Justine K. Collins

The right of Justine K. Collins to be identified as author of this work has been asserted in accordance with sections 77 and 78 of the Copyright, Designs and Patents Act 1988.

All rights reserved. No part of this book may be reprinted or reproduced or utilised in any form or by any electronic, mechanical, or other means, now known or hereafter invented, including photocopying and recording, or in any information storage or retrieval system, without permission in writing from the publishers.

Trademark notice: Product or corporate names may be trademarks or registered trademarks, and are used only for identification and explanation without intent to infringe.

British Library Cataloguing-in-Publication Data

A catalogue record for this book is available from the British Library

Library of Congress Cataloging-in-Publication Data

Names: Collins, Justine K., author.

Title: Tracing British West Indian slavery laws : a comparative analysis

of legal transplants / Justine K Collins.

Description: Abingdon, Oxon [UK] ; New York, NY : Routledge,

2021. | Series: Routledge studies in comparative legal history |

Includes bibliographical references and index.

Identifiers: LCCN 2021033684 (print) | LCCN 2021033685

(ebook) | ISBN 9781032122991 (hardback) | ISBN

9781032123042 (paperback) | ISBN 9781003224006 (ebook)

Subjects: LCSH: SlaveryLaw and legislationWest Indies, British

History. | SlavesWest Indies, BritishHistory.

Classification: LCC KGL5546 .C65 2021 (print) | LCC KGL5546

(ebook) | DDC 342.72908/7dc23

LC record available at https://lccn.loc.gov/2021033684

LC ebook record available at https://lccn.loc.gov/2021033685

ISBN: 978-1-032-12299-1 (hbk)

ISBN: 978-1-032-12304-2 (pbk)

ISBN: 978-1-003-22400-6 (ebk)

DOI: 10.4324/9781003224006

Typeset in Galliard

by Apex CoVantage, LLC

Contents

1 The origins of legal transplantation within the British West Indies (British Caribbean), 1500s1700s

2 The origins of slavery laws within the British West Indies, 1600s

3 The comprehensive slavery codes of the British West Indies and their reverberations, 1660s1700s

4 The role of legal transplantation within manumission law and other ameliorative measures

5 Legal transplantation within post-emancipatory British West Indies, 1830s1870s

1. 1 The origins of legal transplantation within the British West Indies (British Caribbean), 1500s1700s
2. 2 The origins of slavery laws within the British West Indies, 1600s
3. 3 The comprehensive slavery codes of the British West Indies and their reverberations, 1660s1700s
4. 4 The role of legal transplantation within manumission law and other ameliorative measures
5. 5 Legal transplantation within post-emancipatory British West Indies, 1830s1870s

Guide

Introduction

DOI: 10.4324/9781003224006-1

The back, blood and sweat of the

The charter generation refers to the enslaved during the European colonization of the Americas before 1660; these enslaved people had cultural roots in Africa, Europe and sometimes the Caribbean.

Ira Berlin, From Creole to African: Atlantic Creoles and the Origins of African-American Society in Mainland North America,

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