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In this paper we identify and discuss three different strategies for taking up intersectionality in the space of European private law, ie, liberal ideal theories of social and private law justice, liberal nonideal theories of reparation, and private law abolition. While we caution for how intersectionality is taken up in the European space of private law, these strategies yield insights about how intersectionality may recast (European) private law’s role as a potential site to advance, or thwart, pursuits of justice. The three strategies imply (potentially radical) shifts in how legal scholars may understand private law justice. We suggest that (European) private law abolition might be the most promising starting point to think intersectionality’s significance for recasting dominant understandings of private law’s relation to (in)justice in the EU context.
Examining the transition from slavery to free labor through the lens of the overseer-state, this chapter clarifies the ascent of labor regulation to a key preoccupation of colonial rule, reveals plantation colonies as sites of experimentation in interventionist governance, and illuminates the evolving relationship between colony and metropole (and different colonies to one another). The analytical framework of the overseer-state also demonstrates how the changing character of colonial labor management entangled British and Continental European modes of imperialism, complicating our historical understanding of the role played by liberal ideology in British imperial governance and political discourse. The overseer-state, concretely and conceptually, bridged the histories of the British Empire and the French, Spanish, and Dutch Empires, revealing how the development of labor control mechanisms in Britain’s plantation colonies remained a European enterprise rather than merely a British one.
This second chapter examines how the employment of local official and judicial venues became a common practice as enslaved African-Caribbeans sought to engage the new rights and resources provided to them. They faced an uphill battle, since the discourse of racial inferiority was programmed into the system. Nonetheless, their actions forced all of those involved to wrestle with the role of the state in regulating slavery, the balance between public order and individual rights, the use of coercion and violence within the new regulatory framework of ameliorated slavery, and competing concepts of morality and justice. These interactions shaped the character of the overseer-state in a multitude of ways, from altering the approaches of local officials to different aspects of plantation life to serving as leverage for antislavery activists in Parliament, and even to prompting internal conflicts over how justice was defined and to what extent, if at all, enslaved Africans were entitled to it.
In this compelling work, Sascha Auerbach offers a bold new historical interpretation of late-stage slavery, its long-term legacies, and its entanglement with the development of the modern state. In the wake of abolition, from the Caribbean to southern Africa to Southeast Asia, a fusion of government authority and private industry replaced the iron chains of slavery with equally powerful fetters of law and regulation. This 'overseer-state' helped move, often through deceptive and coercive methods, millions of Indian and Chinese indentured laborers across Britain's imperial possessions. With a perspective that ranges from Parliament to the plantation, the book brings to light the fascinating and terrifying history of the world's first truly global labor system, those who struggled under its heavy yoke, and the bitter legacies left in its wake.
The 1820s and 1830s have received less attention than the 1840s and 1850s in histories of US abolition. Attending to African American antislavery activism of the 1820s and 1830s reveals that these were transformative decades, particularly regarding the issues of colonization, immediate abolition, and kidnapping. These specific political concerns of an often-overshadowed constituency, African Americans themselves, shaped the literary conventions of slave narratives published in these earlier two decades. Fugitive slave narratives of the 1820s and 1830s feature an active practice of vigilant watchfulness that anticipates and counters the threat of surveillance through sousveillance (watching from below). Sousveillance is thus a specific narrative manifestation of the vigilance urged by black political activists. Later slave narratives, shaped by the priorities of white-dominated institutional abolition, downplay the agency of African American sousveillants in favor of a more passive story of victimization.
This chapter is a brief history of the nineteenth-century efforts to expand voting and other political rights, interspersed with analysis of key literary texts in which the question of voting rights is a palpable concern, even though it is sometimes not overtly addressed. It takes as its starting point an early nineteenth-century shift in ideas about qualifications for suffrage, during which the prerequisite of land ownership was replaced by the qualities of “virtue and intelligence.” While this shift ensured almost universal white male suffrage by the 1840s, it also provided an opening – albeit a problematic one – for white women and some African American men and women to agitate for enfranchisement. This chapter demonstrates that literature from the 1830s until the early twentieth century reflected and often intervened in the conversation about the “nature” of women and black men, and whether or not they were suited for integration into the public sphere and specifically into the political realm through voting. Authors such as Margaret Fuller, Frances Ellen Watkins Harper, and Charles Chesnutt (among many others) represented the women’s suffrage and black suffrage movements in ways designed to change readers’ ideas about the “virtue and intelligence” of the disenfranchised.
In American culture, there is a mix and mismatch of core discourses: religious, Enlightenment, and market economy. Each claims, contributes, and competes for kinds of belonging and national definition, by abstract principles of equality, particular community of religion and nation, and possessive individualism of each one’s own self-interest. Poetry, far from being private reflection or self-referring aesthetic object, is an arena in which each of these discourses encounter each other. Widely circulated in newspapers, magazines, publicly recited, poetry took part in and also refracted, in especially intense and focal ways, the drama, questions, and terms of belonging crucial to, and conflictual in, the unfolding of America. In this chapter, I explore the intercrossing and contention between American discourses of religion, Enlightenment, and individualism in the Abolitionist poetry of Whittier, the poetry of war in Herman Melville and Emily Dickinson, and the poetry of participation in Walt Whitman. In the texts of each, vocabularies, terms, allusion, and critique of American cultural, religious, and political life form complex interchanges, at times through alignment, at times in tense and critical relationship. The poem becomes a field of confrontation, appeal, and address within the context of their writing as voices of culture take on poetic force.
In light of police raids and de facto forms of censorship, Shelley Streeby has powerfully pointed to what she aptly terms “the limits of print as an archive of radical memory,” and, so too, the limits within American literary studies in so far recognizing the various and voluminous genres of nineteenth-century radical print culture – from fiery speeches and satirical strike songs to political pamphlets, worker song-poems, insurgent novels, and experimental biography – as literature. This chapter explores the ways American literature nevertheless archives radical movements and the ways nineteenth-century radicals engaged with and rethought the canon of American literature. It also considers how nineteenth-century US radicalism shaped American literature more broadly by turning to Henry James’s 1886 novel The Bostonians as an unexpectedly rich archive of radical abolition and its legacies.
This chapter explores the oscillations of political power and the “revolutions” – both violent and subtle – that appeared on the US stage throughout the nineteenth century. While many dramatists sought to avoid political debate, all too aware of the potential consequences (from boycotts to riots), timely issues of the day, including the abolition of slavery, the eradication of Indigenous populations, temperance, and women’s suffrage, inevitably made their way onto the stage. Some playwrights struck out boldly, naming issues of substance misuse and miscegenation in dramas such as The Drunkard or The Octoroon. Others infused politics into their depictions of everyday life, including Ossawattomie Brown (which retells John Brown’s history as a romantic family plot) and the labor melodrama Bertha, the Sewing Machine Girl. These homely narratives reminded viewers of how inescapable these issues had become. But whether starkly challenging or subtly questioning, nineteenth-century US theater never escaped the pressing political issues of the day.
Four ways of considering partisanship and factionalism dominated the political landscape of the nineteenth-century United States: the residual anti-party views of classical republicans, who were often drawn to a traditional politics of deference involving voluntary allegiance to leaders of a higher class who would advance the “common good”; James Madison’s view that multiple factions, in shifting configurations extending across a large geographic expanse, could prevent majorities from dominating minorities; the stance of those like Andrew Jackson who believed that parties harnessed the power of the people, whose interests would otherwise suffer neglect or worse from elite leaders; and finally, the fear of a polarizing, two-party system expressed by John Adams evolved in the views of a Mugwump like Henry Adams, who held himself apart from partisan corruption without aspiring to restore the elite politics of deference. This chapter explores the presence of these varied approaches to partisanship and factionalism in literary works by Henry Adams, Hugh Henry Brackenridge, James Fenimore Cooper, William Ellery Channing, Ralph Waldo Emerson, Nathaniel Hawthorne, Harriet Beecher Stowe, Albion Tourgée, Sarah Orne Jewett, Mark Twain, and Simon Pokagon.
This article critically examines the antislavery activism of Francis P. Fearon, an African activist based in late nineteenth-century Accra. His correspondence with the Aborigines’ Protection Society (APS) provides a profound insight into the dynamics of African abolitionism. By analysing a collection of letters housed in the APS archive, this study sheds light on Fearon’s commitment to abolishing slavery, driven by his principled opposition to family separation. The article underscores Fearon’s active involvement in a network of African antislavery advocates who sought to disrupt the institution of slavery through legal challenges and international advocacy. This research extends the growing literature on African abolitionism, which primarily focuses on the efforts of African missionaries, educated elites, and grassroots movements, adding a new dimension by exploring the operations of a dedicated network committed to the abolitionist cause.
Slavery persisted in Morocco well into the twentieth century and throughout the French Protectorate (1912–56), long after it was abolished in other French-occupied territories (1848). While work by historians has illuminated a previously shadowy history of race and slavery in Morocco, less attention has been paid to the growing corpus of literary texts representing enslaved subjectivities under the Protectorate. Through their literary excavations of the slave past, such works retell the history of Moroccan slavery from the perspective of those most affected. This essay takes translator Nouzha Fassi Fihri’s Dada l’Yakout (2010) as a case in point. Although marketed as a novel, the text is also a dense oral history that channels the voice of an enslaved woman who really existed: Jmia, who was abducted as a child at the beginning of the twentieth century and died in 1975. Considered as “Moroccan other-archive” (El Guabli 2023) and imaginative archeology, literary works chart a way forward for reckoning with the enduring legacies of slavery and the slave trade in Morocco.
The chapter reviews the scholarly interpretations of abolition that have appeared in the last two decades. One group, influenced by Eric Williams, looks for economic motivations stemming from a decline of the British plantation sector; a second focuses on rebellions by slaves, the chief of which was that in St. Domingue, which gave birth to Haiti in 1802. Some in this category see the slaves freeing themselves. Others argue for long-run changes in public attitudes toward violence within Western Europe, especially England, that occurred in the 150 years after the British established their Caribbean plantations. In the eighteenth century the nascent London press began to report slaves resistance to enslavement both on board slave ships and in Caribbean colonies. These reports became more frequent and more detailed as the century progressed. Other cruelties such as burning at the stake, abandoning children, masters’ right to chastise their servants, and the lords’ power over their serfs (in mainland Europe) either ceased or became less frequently exercised. At the same time awareness of Africans and their forced use in the Americas as represented in the London press greatly increased after 1750. Where “slaves” meant English captives in North Africa at the beginning of the century, by 1800 the term referred to Blacks in the Americas.
More than 200,000 Africans were freed from slave ships after 1807 as a result of British policy. Most were processed by Mixed Commission or Vice-Admiralty Courts and assigned the status of “Liberated Africans,” but their freedom was severely restricted by “apprenticeships” of varying lengths supposedly to prepare them for entering a free labor market. However those entering Cuban or Brazilian jurisdictions had lives little different from slaves. In Sierra Leone, by contrast, apprenticeships were short-term and did not involve plantation labor. Photographic, anthropometric, and per capita income evidence indicates that most did not do as well as the poor European migrants who were emigrating in large numbers to the Americas at this period. Liberated Africans did not have the same opportunities as Whites because of racism. They did not have access to the land distributed by the Homestead Act, and could not enter labor markets on the same terms as Whites. In other words, the anti-Black attitudes that made the transatlantic slave trade possible continued after its abolition. The Liberated African records allow us to examine the African origins of enslaved people. The nineteenth-century slave trade from West Africa had a preponderance of Yoruba, Igbo, and Mende speakers.
The first ladies of the United States are often not thought about as activists. But in fact, many used their political position strategically to advocate for important reforms that benefited minorities and other underrepresented groups. Their activism from the White House helped social and political causes in different eras. Their unsung work contributed to their administration’s public profile and legacy. It also aided larger social justice campaigns going on throughout US history. This chapter explores the frequently unsung efforts of US first ladies in the realm of social advocacy to shed greater light on the significant work done by these women. It challenges the notion that first ladies were simply ornaments or companions for their husbands and highlights the actions that they took to create change.
How does social science insulate police from social movements’ demand for abolition? We explore this through a content analysis of policing social science research funded by Arnold Ventures, the MacArthur Foundation, and the National Institute of Justice published from 2011 to 2022 (N = 143 studies). Our mixed method content analysis revealed what we call “Academic Copaganda,” or studies contesting social movement claims by authors (1) masking their conflicts of interest, or (2) espousing police epistemology. Although Academic Copaganda comprised 20% of studies in the sample, they received most media mentions after the 2020 police killing of George Floyd. We conclude by discussing our contributions to legal scholarship on police legitimacy and empirical critical race theory.
Wedderburn’s final pamphlet, Address to the Lord Brougham and Vaux, contributed to the early nineteenth-century political “war of representation” about whether Black people in the West Indies would be willing to work for wages after emancipation. Although seeming to reiterate the proslavery claim that enslaved people in the West Indies had better living conditions than European wage laborers, Wedderburn’s vision of dwelling on the land outlined a nuanced, speculative decolonial future. The Conclusion finally argues that narratives of the Romantic revolutionary age should include Black abolitionist geographies, a revolution cultivated on common land with pigs, pumpkins, and yams.
Frances Ellen Watkins Harper work has helped reshape Civil War literary studies and illustrates the field’s larger preoccupations. This chapter centers on “Bury Me in a Free Land,” a poem that demonstrates the craft of a writer uniquely adept at using and subverting expectations in a literature that was highly conventional, thus illustrating for contemporary readers both the patterns and their breach. Harper’s poem speaks to the core preoccupations that scholars have been tracing as they identify an ever-broadening archive of Civil War literature, namely the importance of slavery and abolition, the role of death and suffering in the context of spirituality and sentimentality, the shifting understandings of race and gender, and the exploration of how the conflict would be remembered. Poetry was the period’s predominant genre, and this example points to current scholarly interest in works that are ephemeral, conventional, and written to appeal to a broad popular audience. Instead of asking what great works of literature writers in general and combatants in particular produced, as previous scholars had done, recent inquiries have considered a greater diversity of writers and taken an expansive approach to this large question: What is Civil War literature, and what cultural, social, and political contributions did it make?
As he rose to leadership of the Spencean Philanthropists in 1817, Robert Wedderburn wrote and published six issues of Axe Laid to the Root, an inexpensive weekly periodical for working-class readers. Axe Laid to the Root instructed its white audience about the radical potential of African-Jamaican land and food-based liberation. The provision grounds, plots set apart from the plantation for enslaved people to grow their own food, were a source of resistance to plantation capitalism, providing food sovereignty and communal identity. The ecological knowledge of the Jamaican Maroons was another source of resistance to plantation economies. Finally, Wedderburn’s writing in “cheap” periodicals aspired to cultivate a transatlantic alliance between the English lower classes, the colonized Irish, and free and enslaved people in Jamaica. The chapter concludes by discussing George Cruikshank’s The New Union Club, which features Wedderburn as a central figure within abolitionist circles.