Legal Reasoning in a Slave Society (Brazil, 1860–88)

This article analyses arguments used in an 1866 Brazilian freedom suit to highlight a substantive legal perspective. Historians of Brazilian slavery law have given attention to the politics of freedom suits, largely disregarding the role of law in their origins, developments, and outcomes. By lookin...

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Bibliographic Details
Published in:Law and history review 2018-08, Vol.36 (3), p.471-510
Main Authors: Cantisano, Pedro Jimenez, Dias Paes, Mariana Armond
Format: Article
Language:English
Subjects:
19th century
Actions and defenses
ASLH 2017 PLENARY LECTURE
Attorneys
Civil law
Coffee
Colonies
Enslaved persons
Judges & magistrates
Law and legislation
Liberty
Litigation
Natural law
Original Article
Politics
Property rights
Right of property
Roman law
Slavery
Society
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Summary:This article analyses arguments used in an 1866 Brazilian freedom suit to highlight a substantive legal perspective. Historians of Brazilian slavery law have given attention to the politics of freedom suits, largely disregarding the role of law in their origins, developments, and outcomes. By looking at legal arguments, we show how law and political views mutually framed each other. We focus on the impact of 19th century legal modernizations in the distinction and contradictions between the law of status and property law, the legal translations of freedom, and the uses of arguments based on codes, natural law, and pragmatic considerations about the judiciary's role in a slave society. This is a micro-history of a suit that, with the help of other 19th-century freedom suits and legal doctrine, allows us to move up and down different historical scales to understand law's centrality in the political perpetuation and demise of slavery in Brazil.
ISSN:0738-2480
1939-9022
DOI:10.1017/S0738248018000196