Zones of Law, Zones of Violence: The Legal Geography of the British Atlantic, circa 1772
Zones of Law, Zones of Violence: The Legal Geography of the British Atlantic, circa 1772
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法律区域、暴力区域:英国大西洋的法律地理,约 1772 年
DOI:
10.2307/3491549
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发表时间:
2003
影响因子:
0.8
通讯作者:
Eliga H. Gould
中科院分区:
文献类型:
--
作者:
Eliga H. Gould
N June 22, 1772, before a packed courtroom in London's Westminster Hall, Lord Chief Justice Mansfield delivered his now-famous opinion that James Somerset, an enslaved man who had escaped after accompanying his master from Boston, could not be forcibly returned to Jamaica (as his master intended) and "must be discharged." In finding for Somerset, Mansfield refused to rule on the underlying legality of owning slaves in England. Nonetheless, to justify such a significant alteration in status, Mansfield declared that slavery was "odious" and could only be supported by "positive law," which England lacked.1 According to the Morning Chronicle, blacks who witnessed the proceedings from the gallery left "shaking each other by the hand" and congratulating themselves on the "happy lot that permitted them to breathe the free air of England."2 Less ebullient, the West Indian planter Edward Long agreed that, whatever his stated purpose, Mansfield had made it legally impossible to reclaim a "fugitive slave" living in England.3 As Seymour Drescher has written, Somerset v. Stewart heralded a decisive shift in the metropolitan "class struggle between mas-