Slave Law in the Americas [Paperback]

ALAN WATSON, Distinguished Research Professor and Ernest P. Rogers Chair at the University of Georgia School of Law, is regarded as one of the world's foremost authorities on Roman law, comparative law, legal history, and law and religion. He is the author of numerous books, including The State, Law, and Religion: Pagan Rome (Georgia) and Roman Law and Comparative Law (Georgia). He is also the editor of the four-volume translation of the Digest of Justinian.

In this book, Alan Watson argues that the slave laws of North and South America—the written codes defining the relationship of masters to slaves—reflect not so much the culture and society of the various colonies but the legal traditions of England, Europe, and ancient Rome.

A pathbreaking study concerned as much with the nature of comparative law as the specific subject of the law of slavery, Slave Law in the Americas posits an essential distance in the Western legal tradition between the tenets of law and the values of the society they govern. Laws, Watson shows, often are made not by governments or rulers but by jurists as in ancient Rome, law professors as in medieval and continental Europe, and judges as in common law England. Bodies of law, often created without reference to particular social and political ideals, are also often transferred whole cloth from one society to another. Tracing the effects of the reception of Roman law throughout Europe (excluding England) and the Americas, Watson reveals the enormous impact of this legal tradition on subsequent lawmakers operating under utterly dissimilar social and political conditions in the New World.

Slave law in the colonies, Watson demonstrates, had much to do with the mother country's relations to Roman law. Spain, Portugal, France, and the United Dutch Provinces, all within the Roman legal tradition, imposedl#+