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EL HAMEL, CHOUKI. "THE REGISTER OF THE SLAVES OF SULTAN MAWLAY ISMA‘IL OF MOROCCO AT THE TURN OF THE EIGHTEENTH CENTURY". Journal of African History 51, n.º 1 (marzo de 2010): 89–98. http://dx.doi.org/10.1017/s0021853710000186.
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ABSTRACTIn late-seventeenth-century Morocco, Mawlay Isma‘il commanded his officials to enslave all blacks: that is, to buy coercively or freely those already slaves and to enslave those who were free, including the Haratin (meaning free blacks or freed ex-slaves). This command violated the most salient Islamic legal code regarding the institution of slavery, which states that it is illegal to enslave fellow Muslims. This controversy caused a heated debate and overt hostility between the ‘ulama’ (Muslim scholars) and Mawlay Isma‘il. Official slave registers were created to justify the legality of the enforced buying of slaves from their owners and the enslavement of the Haratin. An equation of blackness and slavery was being developed to justify the subjection of the free Muslim black Moroccans. To prove the slave status of the black Moroccans, the officials in charge of the slavery project established a fictional hierarchy of categories of slaves. This project therefore constructed a slave status for all black people, even those who were free.
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Rustemov, Oleg D. "The rights of slaves in the Crimean Khanate and the conditions for their emancipation". Golden Horde Review 10, n.º 3 (29 de septiembre de 2022): 715–27. http://dx.doi.org/10.22378/2313-6197.2022-10-3.715-727.
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Research objectives: The aim of this research is to study issues related to the legal status of slaves, as well as the terms and conditions of their release in the Crimean Khanate. Research materials: Individual research works on the topic of slavery in Ottoman Turkey and the texts of the Crimean Kadiasker books (sijils) in which slaves appear in connection with various legal proceedings related to them. Results and novelty of the research: Novelty lies in the fact that certain terms from the history of slavery in the Turkic Muslim states have been introduced into scientific circulation. For the first time in Russian historiography, the so-called guarantees (tedbir) of the liberation of slaves in the Crimean Khanate are described. The practice of announcing such “guarantees” to slaves finds its confirmation in court documents of the 17th century. The question of the existence of a limiting service life of slaves in the Crimean Khanate is considered. Also, for the first time, using historical evidence, the legal status of slaves has been studied, the relationship between slaves and masters has been examined, and other reasons for the release of slaves, not related to the end of their service, have been identified. As a result of this study, it is established that in the Crimea of the 16th-18th centuries, according to Muslim law, only prisoners of war captured in a war or on a campaign could become slaves. According to Sharia, Muslims could not be enslaved. This rule was strictly adhered to in the Crimea. We find confirmation of this fact in individual Crimean sijils where the fate of the Lipka Tatars who, being Muslims, were captured, brought to Crimea, and subsequently released. Such documents are examined here. The study has found that slaves were deprived of legal rights and had the status of mütekavvım mal – property permitted for use. They were part of the common property that could be sold, exchanged, donated, or used at the discretion of the owner. In yafts or lists of inherited property, slaves were listed, as a rule, among animals or other things. Sometimes slaves, at the request of their masters, received additional powers and became semi-free traders. A special category of slaves that stood out among others should be noted among the soldiers of the khan’s guard – kapy-kulu (literally – slave of the door/slave at the gate). This article determines that the normal life of a slave corresponded to a full six years. In addition to release on the grounds of seniority, other conditions for the release of a slave were also possible. Four types of tedbir and the conditions of kitabet, or an agreement on the independent redemption of oneself by a slave, are considered. Cases of the release of slaves on religious grounds are described, and the possibilities for them to go to court for legal assistance are described. All the facts of legal precedents given in the article are supported by information from the Crimean Cadi sijils. In conclusion, concepts are given regarding the system of slavery adopted in the khanate.
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Pargas, Damian Alan. "“Urban Refugees: Fugitive Slaves and Spaces of Informal Freedom in the American South”". Journal of Early American History 7, n.º 3 (8 de noviembre de 2017): 262–84. http://dx.doi.org/10.1163/18770703-00703002.
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Slave flight in the antebellum South did not always coincide with the political geography of freedom. Indeed, spaces and places within the South attracted the largest number of fugitive slaves, especially southern cities, where runaway slaves attempted to pass for free blacks. Disguising themselves within the slaveholding states rather than risk long-distance flight attempts to formally free territories such as the northern us, Canada, and Mexico, fugitive slaves in southern cities attempted to escape slavery by crafting clandestine lives for themselves in what I am calling “informal” freedom—a freedom that did not exist on paper and had no legal underpinnings, but that existed in practice, in the shadows. This article briefly examines the experiences of fugitive slaves who fled to southern cities in the antebellum period (roughly 1800–1860). It touches upon themes such as the motivations for fleeing to urban areas, the networks that facilitated such flight attempts, and, most importantly, the lot of runaway slaves after arrival in urban areas.
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Patel, Tara. "Distant Voices Then and Now: The Impact of Isolation on the Courtroom Narratives of Slave Ship Captives and Asylum Seekers". Michigan Journal of Race & Law, n.º 23.1 (2018): 155. http://dx.doi.org/10.36643/mjrl.23.1.distant.
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Part I compares the nineteenth century cases of the Antelope and the Amistad to identify why they resulted in different outcomes despite having similar fact patterns. The Antelope concerned the fate of approximately 280 African captives discovered on a slave trade ship upon its interception by a U.S. revenue cutter. Since the slave trade in the United States was illegal at the time, the captives were transported to Savannah for trial through which their status—free or slave—would be determined. After a lengthy trial and appeals process in which Spain and Portugal laid claim to the captives, the Supreme Court determined that those captives claimed by a non-U.S. nation were slaves. The Court reasons that however “abhorrent” the slave trade was, the United States was obligated to recognize the rights of other nations to participate in it. In comparison, the Amistad concerned the fate of captives aboard a slave trade ship in which the captives committed mutiny, attempted to sail to Africa, but were captured by a U.S. vessel. The Supreme Court ordered them free despite the Spanish government’s claim that the captives were its property. Part I explores these different outcomes and argues that the absence of Antelope captives’ stories in the litigation process was partly due to the decision to isolate captives in slavery before their status was determined. In particular, it argues that this isolation affected the outcome of the Antelope by preventing captives from sharing their anecdotes and translating them to a format that would resonate with their legal counsel, the public, and judges. In contrast, the Amistad captives, while also detained, were situated close to those who could help them. They were able to transform their truths into a winning narrative for the court by understanding and leveraging the talents and expertise of counsel, and the biases of judges and the public. Part II argues that 200 years later, a similar environment of isolation suppresses the stories of another group with undetermined legal status: asylum seekers. Although slave ship captives were forced into the country with chains, while asylum seekers are driven into the country by fear, the legal status of both groups in their respective time periods was undetermined upon their arrival. Both groups deserved, by legal and moral standards, the opportunity to present the truth behind their arrival and to prove their legal status. Part II argues that the detention of asylum seekers mirrors the isolation of the Antelope captives by removing detainees from those most able to help them develop a persuasive narrative truth. Detention silences important voices, aggravates ineffective representation, damages public perception, and ultimately harms case outcomes.
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Bandžović, Sead. "Ropstvo u Antičkom Rimu". Historijski pogledi 6, n.º 9 (20 de junio de 2023): 391–409. http://dx.doi.org/10.52259/historijskipogledi.2023.6.9.391.
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The institution of slavery was characteristic of all the civilizations from Mediterranean basin in ancient times. However, slavery had its widest application in the Roman state, for which it was of immense importance, since slaves were seen as the driving force of Roman social and economic system. Slaves (servus, puer) were treated as “speaking tools” (instrumentum vocale). The position of the individual in the Roman state was regulated in detail, and there were three special positions: status civitatis (Roman citizen or foreigner), status familiae (elder of the family or its member under the rule of pater familias) and status libertatis (slave or free man). Slaves had a special legal status in Roman law at the time. Unlike animals and things over which power was referred to as domicium, this was about power over man, so the term domicia potestas was used. In the initial stages of the development of state and the law, they were viewed exclusively as property, without any personal, property or other rights. Thus the puer could not be a party to the proceedings, and his union with the slave girl was treated as a de facto union (contubernium), not as a valid marriage. He could only improve the position of his master, and if the servus would cause some damage to a third party, the master was not obliged to eliminate it, but according to Aquilius law of damage from 287 AD there was a possibility of handing over the slave to the injured party according to the principles of noxal liability. An individual could find himself in the status of a slave in three ways: by falling into captivity in war, by being born to a slave mother (vernae) or by losing his freedom as a form of sanction. In addition to private and royal, there were also so-called public slaves (servi publici). Their owner was not a private person, but a wider social community, and power over them was officially exercised by the Roman people (populus Romanus), civilian authorities in municipalities or colonies in Italy and its provinces. Servi publici were most often employed by magistrates or priests, and they also worked as guardians of various Roman buildings: basilicas, temples, archives and libraries. Roman law also knew of other forms of subordination that were not a form of slavery but states similar to it. The first aspect referred to persons in mancipio who were handed over by the pater famillias through mancipation to another elder as labor or to avoid tortious liability. The second case concerned addictus. Under the old civil law (ius civile) the addictus was a debtor in a certain obligatory relationship where, in case of non-payment of his obligation, he would be assigned to the creditor. The creditor had to keep him in the so-called creditor’s imprisonment for 60 days, until a guarantor appeared or the debt was repaid. If this did not happen, the debtor could be killed or sold as a slave. Persons redeemed from captivity (redempti ab hostibus) could be held captive by the redeemer until the ransom is paid either in money or by the work of the redeemed person. During the period of the empire, the duration of captivity of this kind could last for a maximum of 5 years. Gai Institutiones also classified auctoratus in these states. These included men, women and minor children who undertook to work for a person for a certain period of time (iudicati). Liberation from slavery was done through a special legal procedure (manumissio). In the early epochs of the ius civile, it was of an extremely formal nature, and with later praetorian activity this formalism was abandoned and replaced by new, more efficient legal means.
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Welch, Kimberly. "William Johnson's Hypothesis: A Free Black Man and the Problem of Legal Knowledge in the Antebellum United States South". Law and History Review 37, n.º 1 (febrero de 2019): 89–124. http://dx.doi.org/10.1017/s0738248018000640.
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This essay uses the diary of free black barber and Natchez, Mississippi, businessman William T. Johnson as a means to explore the extent to which one black man in the antebellum U.S. South knew the law; how he came to know it; and what role he saw it play in his life and community. In recent years, scholars have paid increasing attention to black Americans' engagement with the legal system in the pre-Civil War U.S. South and have undermined the notion that black people were legal outsiders. In particular, they have shown that African Americans in the slave South were legal actors in their own right and were legally savvy. Yet what does it mean when scholars say that free blacks and slaves knew how to use the law? This essay uses Johnson's diary to demystify the phrase “to know the law” and shows that we speak of “knowing the law,” we speak of a remarkably complex and uneven phenomenon, one best mapped on a case-to-case basis. Understanding what it meant “to know the law” sometimes requires examining an individual's personal theory or hypothesis of what law does for them.
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Simeonov, Simeon Andonov. "“Insurgentes, Self-Styled Patriots”". Journal of Global Slavery 5, n.º 3 (22 de octubre de 2020): 291–321. http://dx.doi.org/10.1163/2405836x-00503004.
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Abstract This article argues that Iberian consulates in the United States identified the emergence of a “privateering archipelago,” a new revolutionary interimperial legal/economic regime stretching from Rhode Island to the greater Caribbean in the post-Napoleonic decade. Spanish consuls’ successful navigation of the privateering archipelago enabled them to expand the power of Cuban slavers into the southern U.S. Spanish consuls’ confrontation with privateers became a driving force in the revival of the slave trade after its international condemnation at the Congress of Vienna (1815). Even though there were many ways in which Spanish consulates used the entanglement between privateering and slaving to strengthen the colonial hold on slavery, it was by means of whitening passports that they sought to institutionalize their power in the privateering archipelago. Intended to disenfranchise free gente de color and to re-commodify African slaves, the policy of whitening passports ended up marginalizing mariners and alienating them from consuls.
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Lymar, Marharyta. "Thorny Evolution Path of the US Society: Slavery and the Abolitionist Movement". American History & Politics Scientific edition, n.º 9 (2020): 101–13. http://dx.doi.org/10.17721/2521-1706.2020.09.9.
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The article focuses on studying the evolution of the U.S. society and exploring phenomena of racism and slavery. Given the fact that the modern American society is considered as the field of numerous opportunities for every person, it is worth to track its transformation and to identify the key milestones or turning points of the U.S. history in this regard. The author identifies racism as one of the slavery’s reasons, condemning the both phenomena and exploring the ways of resisting them among Americans in the first years of the United States of America as a new independent and single state. Thus, the following tasks of the research are defined: to determine the concepts of racism and slavery; to find out the origins and background of slavery in the early period of the U.S. establishing; to explore the status of African Americans in the U.S. society as well as dual standards of equality between Americans; to track the evolution of American society’s views on slavery and discrimination; and to observe the consequences of the Abolitionist movement for the further development of the U.S. society. It is stated that the black Africans appeared in the British colonies of North America because of inevitable labor problem, faced by the first settlers, forced to seek cheap or free labor hands. Primary, the Africans were brought to America as indentured staff. In 1640–1641, in Massachusetts, some types of slavery became allowed, and the other states followed such a suit. Slaves were brought from the slave factories established along the west coast of Africa from Cape Verde to the equator. The enslaved Africans did not put up with fate and protested in various ways, supported by the sympathetic Whites (philanthropists, Quakers, pastors, statesmen). Regular uprisings, protests, and strikes, the spread of agitation literature greatly contributed to protection of slaves. Thus, the Abolitionist movement was founded. Thanks to it, the slave owners were resisted, the proper laws were adopted and slavery was eventually abolished. However, the legal abolition did not totally eradicate racism from the subconscious of Americans, which is now echoed.
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Smith Naro, Nancy Priscilla. "Customary Rightholders and Legal Claimants to Land in Rio de Janeiro, Brazil, 1870-1890". Americas 48, n.º 4 (abril de 1992): 485–517. http://dx.doi.org/10.2307/1006744.
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The transition from slave to free labor in the Americas involved many and varied forms of internal labor and land adjustments which affected slaves, landless farmers, and large scale producers in rural areas. Unlike Haiti and the United States South, the Brazilian process of emancipation was gradual and did not involve violent structural ruptures with the past. The Land Law of 1850, the Law of the Free Womb of 1871 and the 1885 Sexagenarian Law marked fundamental phases in an ongoing process of state participation in the organization of the free labor market, which culminated in Abolition on 13 May 1888, and the onset of the Republic on 15 November of the following year. Current analyses of the late nineteenth century emphasize continuity and define the state as its own agent, embarking on a course of conservative modernization which unfolded during the process of transition from the liberalism of a nineteenth-century empire to the interventionist Republic which was ushered in, in 1889. The planter class, joined with emerging but weak Brazilian industrial and financial sectors and upheld by the military, contributed to an Estado Oligárquico, in Marcelo Carmagnani's terminology, linked by coffee production into the world economy as a flourishing dependent peripheral economy. But the process, which until recently was associated with the coffee export sector and its relation to urbanization and industrialization, has now taken on broader dimensions. A developed domestic economy, composed of a complex and sophisticated internal food supply network, operated alongside the export economy throughout the nineteenth century. Although unstudied from the political perspective of small-scale food producers who were displaced by the coffee economy, the broader issue of food provision could not be dissociated from conservative modernization, the basic issues of which would be carried forth during the course of the First Republic in the form of “Ruralismo.”
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Kello, Katrin y Hesi Siimets-Gross. "Kohtuasjad in puncto libertatis: isiku staatuse tuvastamise lähtekohad asehaldusaja Eestimaal [Abstract: Court cases in puncto libertatis: criteria of ascertaining a person’s status during the Regency Era (1783–1796) in the province of Estland]". Ajalooline Ajakiri. The Estonian Historical Journal, n.º 2/3 (15 de enero de 2018): 257. http://dx.doi.org/10.12697/aa.2017.2-3.04.
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This paper analyses court cases, a hitherto little acknowledged source in Estonian history of early modern law. Specifically, we analyse six cases where a person’s status – that of a free man or of a serf – was at stake. We ask how different sources of law were used in the claims of the parties and the judgments of the courts, and which arguments and interpretations were drawn upon. The cases took place about two to three decades before the abolishment of serfdom in the province. They are of interest from the perspective of the history of early modern serfdom, modern reception of Roman law and the hierarchy of legal sources, as well as with regard to the history of the Enlightenment and human rights. The court cases illustrate how legal practice participates in discourses of its time. They shed light on the legal situation during the Regency Era, when Estland’s local system of justice was altered with the aim of harmonising the administrative system in the Russian Empire.
The scarcity of such cases is explained by the fact that they affected only a small portion of the population of the province of Estland. Of the approximately 200,000 people living in the countryside, only 3.5 per cent were of free status – mainly people such as craftsmen, millers, sextons, innkeepers, and manor servants. It is not surprising that there were even fewer persons of borderline status who could go to court to claim their freedom. Peasant families of foreign origin, families descending from sextons, and a manor servant figure in the trials.
The court cases were shaped by the scarcity of local law and the uncertainty of court practice under Regency. There was no provision in Estland’s written law concerning the two central questions in the trials – the expiry and the relinquishment of a person’s freedom. The most relevant stipulation was a 30-year limit, after which the affiliation of runaway peasants expired. Whether a court considered it possible to carry this limitation over to the expiry of a person’s freedom as well depended on the court’s interpretation of both local custom and the current legal situation. Local custom and earlier Russian ordinances permitted the enserfment of free persons, whereas more recent ordinances prohibited it. The question arose in the courts concerning the extent to which the more recent provisions should be implemented retroactively, and how to relate the ‘spirit of the age’ manifested in them to local custom. Moreover, if a court considered it appropriate to apply the provisions concerning Roman slaves or coloni to local serfs, it had to consider the prohibition in Roman law against enserfing free persons and negating the possibility of expiry of freedom.
In fact, the judgments depended on the court’s understanding of the applicability of favor libertatis in Roman law – the principle that court judgments were to be pronounced in favour of freedom in cases where there was evidence of equal weight in favour of a person’s serfdom and freedom. Deriving from favor libertatis, the principle of praesumptio libertatis stated that what had to be proven was a person’s slave or serf status, not their freedom. Therefore, applying Roman slave law to local serfs was beneficial for claimants of freedom, whereas for landlords it was useful to state a difference between Roman slavery and local serfdom. Estate owners also claimed that in provinces like Estland, presumption of serfdom was to be applied in cases concerning peasants. The question of whether or not someone appeared like a ‘normal peasant’ hence became one of the issues discussed in court.
We can see a certain consolidation of court practice over time. The courts applied Roman law in the event that they wished to take the ‘spirit of the age’ into account: when they needed to ground the position that a free man could not have been enserfed even prior to Catherine’s ordinances that prohibited enserfment. In the two earliest cases in the 1780s, the court of first instance applied Roman law almost exclusively in justifying its positions. In the three subsequent cases, living like a serf for 30 years, or having been registered among the serfs of an estate during land audits was seen either as evidence of the expiry of freedom, or as evidence of the acceptance of serf status, yet without referring to any specific legal provision. Thus, over time the courts’ emphasis shifted from applying “foreign law” towards local practice and Russian regulations. The sixth court case was exceptional in that the person in question was a manor servant rather than a peasant. In his case, the central questions were whether a soldier had the right to grant freedom to his servant, who was given to him by his parents to accompany him in war, and whether or not returning to the manor to serve as a valet entailed becoming a serf once again.
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Wanjohi, Kinyua y Gertrude Wayua Mulinge. "‘A COMPARATIVE ANALYSIS OF AFRICA’S LABOUR EXPERIENCE WITH GULF REGION STATES: ARE WE STILL SLAVES? THE KENYA CASE’". Amsterdam Law Forum 15, n.º 2 (13 de mayo de 2023): 32–46. http://dx.doi.org/10.37974/alf.468.
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African countries account for a greater percentage of domestic workers who migrate to the Middle East in search of greener economic pastures. Interestingly, Human Rights Watch (HRW) recently observed that most of the unskilled workers are often exploited and abused. This is reflected in wages deduction, violation of contractual agreements and degrading treatments. Women labourers also report sexual assault. In worst cases, the workers are ferried back in caskets to their countries of origin. Some workers have also been reported to disappear ‘miraculously’, in the said countries. This paper suggests that someone must be held accountable. Ironically, the government of Kenya has been playing the ‘innocent lamb’ role while the Middle East countries play Pharaoh’s role and walks scot free. Victims have always been vulnerably left at the middle. Through pressure exerted by local and international civil societies, Kenya in June 2012 banned emigration of domestic worker to Middle East. Nonetheless, in November 2013 this policy ban was lifted. In 2014, the government revoked some 930 licenses of recruiting agencies. Though a move towards the right direction, significantly, domestic abuse has remained unshaken. The International Labour Organisation Declarations on Fundamental Principles and Rights at Work adopted in 1998 provides a positive duty for all member states to respect and promote worker’s rights in respect of employment. Yet, in implementation we limp. In Kenya for instance, the Employment Act of 2007 does not provide for mechanisms to compensate migrants who suffer from abuse in their host countries. In short, nationally and internationally, we lack a legal framework to protect migrant workers. It is time to take the bull by its horns through signing bilateral agreements on migrant workers. Suffice to say that, in absence of bilateral agreements with host states, African workers shall remain slaves of their ‘godfathers’. The time is ripe for us to revise and supplement our national as well as international labour laws to protect migrant workers. With the outrageous human rights violation on African migrant workers, who do we blame?
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Т., Kotenko. "The formation of human rights and freedoms in the teachings of philosophers of ancient Greece and Rome". Almanac of law: The role of legal doctrine in ensuring of human rights 11, n.º 11 (agosto de 2020): 127–33. http://dx.doi.org/10.33663/2524-017x-2020-11-23.
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The article deals with the historical stages of the creation, development, and formation of a human rights institute. The ideological and theoretical heritage of Ancient Greece and Rome, which is the basis for the study of ideas about justice, social equality, and human freedom, is analyzed based on the analysis of the fundamental ideas of the most famous thinkers of antiquity. It was the philosophers of antiquity who initiated the concept of "natural law", which was formed over the centuries by the desire of man to understand the world, determine his place in society and politics. From the time of antiquity, the concept of human rights gradually began to emerge; Subsequently, the concept of equality, freedom of person, person, and citizen were formed. Ancient philosophers came up with the idea of law in general and the idea of human rights under the requirements of their time and conditions of social development. Over time, the ancient perception of social equality, justice, dignity, independence, and freedom of man became the starting point and benchmark of European political culture. The early period of the development of political and legal doctrines in ancient Greece is associated with the time of the formation of ancient Greek statehood. It was at this time that an attempt was made to give rationalist ideas about ethical and legal order in human affairs and relations instead of mythological ones. It should be noted that ancient Greek views on human rights were formed in mythological ideas about the origin of policies and divine justice. That is why rights come from the divine order of justice, which became the basis for the category equality. Only what corresponded to the concept of equality (within the concept of justice) was understood as right. In ancient Greek politics, customs and mono-norms gradually transformed towards protecting the dignity of citizens. The polite democracy gave impetus to the emergence of freedom, which promoted the emergence of equal political rights among the citizens of this policy. In the Greek city-state, the law first emerged as a specific phenomenon, and the life of the policy began to be compulsory for everyone. Subsequently, the Pythagoreans (VI –V centuries BC) formulated an important role in shaping the idea of legal equality and justice, using numerical proportions, that is, the ratio of certain parameters. The provision that "fair is to pay another equal" essentially introduces the coupon principle. Subsequently, this reflected Solon (7th-6th centuries BC) in his reforms. It eliminated debt slavery and, as a result of the compromise between nobility and demos, introduced a moderate censorship democracy in Athens. All citizens of the policy should equally be protected by the law and obey its mandatory rules (1). Recognized the law as a requirement of legal equality of free citizens of the policy, slaves did not apply the legal rules. Equality was considered in two respects: equality in law and equality before the law. Developed by Roman lawyers provisions in which a person acts as a subject of law, determine the legal status of a person, establish the freedom and formal equality of people under natural law, define Roman citizenship as a special legal status of a person, the distribution of the right to private and public, etc. contributed to the awareness of legal the importance of human rights in the context of the systematic doctrine of the legal nature of the relationship between the individual and the state. Roman law, extending to a state which it regarded as the object of its study along with positive law, ensured a legal relationship between the state and the individual, which was crucial for the development of the institution of the protection of individual rights in the world at that time (14, p. 119). In relation to individuals, the state was not above the rule of law, but directly its component part, which has all the basic properties of a law. The basis of a just and legal relationship between the individual and the state recognized the law, not the state. The individual and the state must be law-abiding subjects of legal relations, that is, act according to the rules of law. Conclusion. To sum up, we can point out that the first theoretical developments and statutory provisions of the law go back to ancient times. The thinkers of Ancient Greece and Rome initiated the basic concepts of justice, equality, autonomy. It was then that ideas about political rights, lawmaking, democracy, and the personal responsibility of citizens were formed. However, freedom was not universal, it did not belong to slaves, and they were not the subjects of relations in the policy. The population of the policies was divided into different social and ethnic groups and accordingly had different legal status. Such inequality was the norm, so the priority was given to a policy or state that was enshrined in legislation. However, in Ancient Greece, there were also certain individual rights of citizens such as the right to speak; private property rights; the right to participate in government; the right to hold office; to participate in national meetings; the right to participate in the administration of justice; the right to appeal against illegal acts, etc. In Ancient Rome, this list was supplemented by the right to bargain, freedom of movement, the right of the people's tribune to veto, the ban on torture, the adversarial process of the lawsuit, etc. Keywords: Antiquity period, city-policies, human rights, legal equality, society, justice.
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Kuznietsov, Serhii. "Status obligations of a “flag state”: modern international legal regime of the slaves’ transportation suppression". Revista Amazonia Investiga 11, n.º 49 (11 de febrero de 2022): 55–60. http://dx.doi.org/10.34069/ai/2022.49.01.6.
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The UN Convention on the Law of the Sea prescribes that vessels have the nationality of the State whose flag they are entitled to fly and that there must exist “a genuine link” between a “flag State” (a State which entitles a vessel to fly its flag) and the “flag vessels” (the vessels which are entitled to fly the States’ flag). But the Convention has neither definition of the term “genuine link” as a legal link “legal rights – legal obligations”, nor defines States’ and vessels’ rights and obligations. We have analyzed status obligations of a “flag State” which are related to suppression of illegal use of the “flag vessels”. The purpose of our study was to investigate modern international legal regime of the slaves’ transportation by sea suppression and to prepare the legal field to defining the full complex of a “flag State” status obligations. The methodology includes systematic, formal-legal methods, the methods of analyses and synthesis. The results highlight that the status obligations of a “flag State”, inter alia, those to suppression the transportation of slaves as an illegal use of the “flag vessels”, are those to form an integral part of the “genuine link” conception.
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Kołodko, Piotr. "Kilka uwag na temat niewolników i prawa karnego. Rozważania w oparciu o D. 48, 2, 12, 4". Studia Iuridica Lublinensia 29, n.º 5 (31 de diciembre de 2020): 117. http://dx.doi.org/10.17951/sil.2020.29.5.117-131.
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<p>The purpose of the article is to present the legal situation of a slave under Roman criminal law. The analysis conducted proves that the approach towards slaves changed along with the transformation of the government system of ancient Rome. In the Period of the Republic, criminal liability of slaves evolved in two directions. The <em>dominica potestas </em>was exercised by owners, as well as the collegial body – <em>tresviri capitales</em>. From the Principate period, Roman jurists were convinced that the legal status of a slave and a free person was identical under criminal law. The difference between these offenders was non-exercise of <em>leges criminales</em> with a penalty that would be inadequate for their legal status, or ruling and exercising of more severe penalties against slaves.</p>
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Temin, Peter. "The Labor Market of the Early Roman Empire". Journal of Interdisciplinary History 34, n.º 4 (abril de 2004): 513–38. http://dx.doi.org/10.1162/002219504773512525.
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The available evidence on wages and labor contracts supports the existence of a functioning labor market in the early Roman empire, in which workers could change jobs in response to market-driven rewards. Slaves were included in the general labor market because Roman slavery, unlike that in the United States and in Brazil, permitted frequent manumission to citizen status. Slaves' ability to improve their status provided them with incentives to cooperate with their owners and act like free laborers. As a result, the supply and demand for labor were roughly equilibrated by wages and other payments to most workers, both slave and free.
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Jones, Eric A. "Fugitive women: Slavery and social change in early modern Southeast Asia". Journal of Southeast Asian Studies 38, n.º 2 (25 de mayo de 2007): 215–45. http://dx.doi.org/10.1017/s0022463407000021.
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AbstractFemale slaves in VOC-controlled Southeast Asia did not fare well under a legal code which erected a firm partition between free and slave status. This codification imposed a rigid dichotomy for what had been fluid, abstract conceptions of social hierarchy, in effect silting up the flow of underclass mobility. At the same time, conventional relationships between master and slave shifted in the context of a changing economic climate. This article closely narrates the lives of several eighteenth-century female slaves who, left with increasingly fewer options in this new order, resorted to running away.
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Elm, Susanna. "Vendido al pecado por medio del origo. Agustín de Hipona y el comercio de esclavos en la Roma tardía". Augustinus 64, n.º 1 (2019): 111–34. http://dx.doi.org/10.5840/augustinus201964252/2537.
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Toward the end of his life, Augustine of Hippo wrote two letters (10* and 24*) to legal experts in which he reacted to recent attempts by slave-traders to sell 120 Roman North Africans «overseas» as slaves. Prompted by the fact that members of his clergy had offered them refuge in the episcopal compound at Hippo, Augustine sought to clarify the actual personal legal status of these men, women, and children. Were they slaves, coloni, or illegally captured free Roman citizens? What were their actual temporal, legal, personal conditions? Such concerns surrounding the condicio hominum temporalis, brought to light as a result of selling human beings, and their relevance and ramifications for Augustine’s thoughts and actions, especially with regard to the sin to which we are sold per originem of the First Man, are the focus of my remarks.
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Lohvynenko, I. A. y Ye S. Lohvynenko. "Women in Ancient Egypt: determination of legal status and peculiarities of marriage and family relations". Law and Safety 89, n.º 2 (29 de junio de 2023): 87–97. http://dx.doi.org/10.32631/pb.2023.2.08.
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The main factors that influenced the formation of the worldview of the ancient Egyptian woman have been investigated. The influence of religion on her understanding of the family, her place and purpose in society has been shown. The main criteria of social differentiation of women have been identified. The primary sources, in particular legal monuments, on the basis of which the legal status of women in Ancient Egypt is shown, have been analysed. The features of marriage and family relations have been characterised. The research is based on the principle of historicism. Historical and comparative as well as historical and genetic methods were used to study the peculiarities of marriage and family relations, normative and comparative and hermeneutical methods were used when working with primary sources. The gender approach has led to a comprehensive study of religious, political, legal norms and social institutions, such as the family, family, culture, and more.
Generalisations and conclusions have been made, stating that it was in the religion of Ancient Egypt that the united cults of the divine couple with a son-infant appeared, which became a model for the Egyptians in creating their own family. They were the first among the ancient civilisations to consider the family as the basis of society, which gives us grounds to assert that the family in our modern sense emerged in Ancient Egypt. The social status of women was different. The highest were the ruler’s wives and priestesses, and the lowest were maids and slaves. They had no legal rights and were considered property. However, slaves had the right to personal belongings and to have a family. They faced punishment for ill-treatment. Under certain conditions, slaves could become free and receive the rights of an Egyptian woman. It has been noted that free ancient Egyptian women had almost equal legal rights with men, which distinguishes them from women of other ancient civilisations.
It has been emphasized that the study of the status of women and the peculiarities of marriage and family relations in Ancient Egypt allows us to see the historical origins of gender inequality, to understand such basic human values as love, mutual respect, responsibility, tolerance, devotion, etc. which should become the basis for addressing modern gender issues.
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Narváez, Benjamin N. "Abolition, Chinese Indentured Labor, and the State: Cuba, Peru, and the United States during the Mid Nineteenth Century". Americas 76, n.º 1 (enero de 2019): 5–40. http://dx.doi.org/10.1017/tam.2018.43.
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Abolition forced planters in the post-Civil War US South to consider new sources and forms of labor. Some looked to Spanish America for answers. Cuba had long played a prominent role in the American imagination because of its proximity, geostrategic location, and potential as a slave state prior to the Civil War. Even as the United States embraced abolition and Cuba maintained slavery, the island presented Southern planters with potential labor solutions. Cuban elites had been using male Chinese indentured workers (“coolies” or colonos asiáticos) to supplement slave labor and delay the rise of free labor since 1847. Planters in coastal Peru similarly embraced Chinese indentured labor in 1849 as abolition neared. Before the Civil War, Southerners generally had noted these developments with anxiety, fearing that coolies were morally corrupt and detrimental to slavery. However, for many, these concerns receded once legal slavery ended. Planters wanted cheap exploitable labor, which coolies appeared to offer. Thus, during Reconstruction, Southern elites, especially in Louisiana, attempted to use Chinese indentured workers to minimize changes in labor relations.
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Watson, James. "The origin of metic status at Athens". Cambridge Classical Journal 56 (2010): 259–78. http://dx.doi.org/10.1017/s1750270500000348.
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It is widely held as uncontroversial that throughout the classical period male inhabitants of Attica were divided between three distinct categories – Athenian citizens, metics (regularly translated as ‘resident aliens’) and slaves – and that Athenian society had, therefore, a tripartite structure. The opportunities available to and requirements demanded of a man depended on his category. Those foreigners permanently resident in Attica – those with the legal status of ‘metic’ – were, unlike slaves, free, but, unlike citizens, they could not own land, vote in the Assembly, or serve as adikastesor as a magistrate; in addition, metics were required to pay a poll tax (themetoikion) and to have a citizen sponsor (prostates). In this paper I seek to challenge not the nature of the distinction between citizens and metics but instead the assumption that the distinction was made throughout the classical period. I suggest that the growth of the Athenian citizen population after the Persian invasion of 480–479 demands that the origin of metic status be situated around the middle of the fifth century, and that the occasion on which the Athenianpolisfirst defined metic status is likely to have been the occasion on which it first took an interest in restricting who might become a citizen: in 451/0, with the passing of Perikles' citizenship law.
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Nótári, Tamás. "Remarks on the Contractual and Delictual Issues of Slaves in the Lex Baiuvariorum". Acta Universitatis Sapientiae Legal Studies 10, n.º 1 (agosto de 2021): 77–90. http://dx.doi.org/10.47745/ausleg.2021.10.1.06.
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This paper intends to analyse those provisions of the Lex Baiuvariorum that regulate the position of persons in non-free status, i.e. slaves (servi, mancipia, and ancillae). In the course of our endeavour, we make efforts to find an answer to the question as to what extent the significant ecclesiastical impact, far exceeding the effect of the rest of German folk laws, becomes evident in Lex Baiuvariorum: to what extent acknowledgement of the human quality of slaves appears in the code. Not incidentally, at the end of the paper, we try to answer the question whether the meaning of the phrases mancipium, servus, and ancilla – which are usually translated by the words servant and maidservant – can be conveyed in theory by translating them by the word slave, or they require any other, more differentiated term to reveal the legal content of these phrases.
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Hanger, Kimberly S. "“Desiring Total Tranquility” and Not Getting It: Conflict Involving Free Black Women in Spanish New Orleans". Americas 54, n.º 4 (abril de 1998): 541–56. http://dx.doi.org/10.2307/1007774.
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Colonial New Orleans was a community, like so many others in Latin America, in which the upper sectors desired to maintain order and “toda tranquilidad,” preferably by way of legislation and judicial compromise but through force and authoritarian measures if necessary. Challenges to this tranquility came from those groups considered marginal and thus often subordinated, oppressed, and made generally unhappy with the status quo, among them workers, women, soldiers, slaves, and free blacks (libres). Free black women— the focus of this paper—drew upon multiple experiences as members of several of these subjugated groups: as women, as nonwhites, sometimes as former slaves, and usually as workers, forced by poverty to support their families with earnings devalued because they were gained doing “women's work.” But they did not suffer silently. Condemning the patriarchal order, racist, sexist, authoritarian society in which they operated, libre women vigorously attacked it both verbally and physically, employing such elite-defined legal and illegal methods as petitions, judicial procedures, slander, insults, arson, and assault and battery.
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Witt, John Fabian. "From Loss of Services to Loss of Support: The Wrongful Death Statutes, the Origins of Modern Tort Law, and the Making of the Nineteenth-Century Family". Law & Social Inquiry 25, n.º 03 (2000): 717–55. http://dx.doi.org/10.1111/j.1747-4469.2000.tb00159.x.
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The wrongful death statutes enacted in most states during the mid-nineteenth century have long represented a classic moment in the narrative of American legal history. Historians have not observed, however, that American wrongful death statutes amended the English act on which they were modeled to introduce a gender asymmetry peculiar to the United States. Led by New York, most American jurisdictions limited wrongful death actions to “the widow and next of kin” of the decedent, categories that did not include husbands of deceased wives. Thus, a wife could bring a wrongful death action for the death of her husband, but a husband could not bring a wrongful death action on his own behalf for the death of his wife. The wrongful death statutes represent a heretofore unrecognized conjuncture of the beginnings of the modem law of torts with the nineteenth-century legal reconstruction of the family. The statutes mowed accident litigation away from an eighteenth-century model of masters suing for loss of the services of a servant, slave, wife, or child, toward the now more familiar model of suits for loss of wages and support. Moreover, the gender asymmetry of the statutes embodied and reproduced a new nineteenth-century conception of the family in which men worked as free laborers and women were confined to relatively narrow domestic roles, removed from the market and dependent for their support on the wages of their husbands. Indeed, the statutes anticipated by over half a century the American welfare state's two-track approach to support for wage-earning men and dependent women.
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Davydenko, Nataliia. "LATIN FOR DENOTING THE SOCIO-LEGAL STATUS IN UKRAINIAN DOCUMENTS (XVI-XVIITH CENTURIES)." Advanced Linguistics, n.º 9 (6 de agosto de 2022): 13–22. http://dx.doi.org/10.20535/2617-5339.2022.9.258494.
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The article focuses on the study of Latin social-legal terms used for denoting the socio-legal status of the inhabitants of Ukrainian lands in the 16-17th centuries. After terms analysis the basic milestones of formation of terminology on designation of the social and legal status in that period are briefly considered. It was established that the main markers for determining the socio-legal status of a person in the 16-17th centuries, in addition to ethnic and religious affiliation were: higher and lower status (inferior, superior, minor, major, sublimus, nobilis, famatus, honorabilis, discretus, majestas), definition of the status according to the sphere of activity and the opportunity to be involved in others, which was also due to the distinction between "free" people and "not free, slaves" (laboratus, liber, illiber, proprius, mancipius, servus, famulus). In the context of this group of terms, the variety of the free person status is observed, depending on how such a status was acquired: a slave owned from birth, "acquired" slave-servant, slave, and so on. Therefore, documents often provide a definition that indicates whether the employee is employed (famulі serviles, servі apreciati). Also important was the presence or absence of the city status or suburban residency, which is especially relevant for residents of large cities, where there was a more or less implemented component of local self-government, which was often important in the field of law (civis, suburbanus, inhabitans urbis/oppidi comparing with rural residents such as rusticus, vagus). It is noteworthy that the documentation certifies the definition of financial and economic potential of a person or group (personae obtentae, possessionatae, possessae, mendicus, pauper, homo otiosus, homo vagabundi, pedanus, kmeto). Equally important in the context of the already mentioned ethnic and religious affiliation was also belonging to an ethnic community, group (congregatio), as well as the level and position in it (senior, major). Keywords: social and legal status; law term; social term; Latin terminology; Ukrainian documentation of the XVI-XVIIth centuries.
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Martínez, Samuel. "The Racialised Non-Being of Non-Citizens". Statelessness & Citizenship Review 5, n.º 1 (11 de agosto de 2023): 20–43. http://dx.doi.org/10.35715/scr5001.113.
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Proponents of barring the children of undocumented immigrants from birthright citizenship allege that the United States (‘US’) Constitution’s 14th Amendment was intended to give full citizenship to former slaves and their progeny, and not to benefit the children of foreign-born people. A real-world example that illustrates the dangers of so restricting birthright citizenship is the Dominican Republic, where legal measures have already excluded the children of out-of-status immigrants (who are mostly of Haitian ancestry) from eligibility for birthright citizenship. The effect of this has not been ethnically cleansing Haitian descendants from the Dominican Republic so much as confining them within the country as a stateless underclass of people. The Dominican case therefore shows that US opponents of birthright citizenship for the children of out-of-status non-citizens must answer to the danger that their proposal would create a legally approved hereditary underclass on US soil, more than a century after the abolition of chattel slavery.
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Kivalov, Serhii. "Legal Clinics as an Important Element of Human Right for Free Legal Aid". Ius Humani. Law Journal 8 (12 de diciembre de 2019): 169–86. http://dx.doi.org/10.31207/ih.v8i0.221.
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Nowadays, legal clinics exist in almost every country in the world. The article examines the legal status of legal clinics in Ukraine to properly ensure the human right to legal aid. The author emphasizes that legal clinics are an important element of the legal aid institute. Accordingly, there is an urgent need to regulate the legal status of legal clinics, since in this way the state fulfills its obligation to guarantee the constitutional right of every person to receive legal aid. Even though legal clinics perform important social tasks, regulatory regulation of their activity is carried out only at the level of acts of the Ministry of Education and Science of Ukraine. All attempts to consolidate the legal status of legal clinics at the level of the law—for example, the Law “On Free Legal Aid” of June 2, 2011—remain unrealized. The author states that the issue of improving the legal regulation of relations involving legal clinics should be resolved in the near future. Moreover, the Verkhovna Rada (Ukrainain Parlament) has recently started reforming its legislation in the field of advocacy. Therefore, there is a chance that the discriminatory norm of the Constitution regarding the lawyer’s monopoly on representation in court will be abolished. Thus, this will open the way to improving the status of legal clinics, as employees of such institutions will have the opportunity, in addition to legal advice, to represent their clients in court.
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Stanziani, Alessandro. "Serfs, slaves, or wage earners? The legal status of labour in Russia from a comparative perspective, from the sixteenth to the nineteenth century". Journal of Global History 3, n.º 2 (julio de 2008): 183–202. http://dx.doi.org/10.1017/s174002280800260x.
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AbstractComparative analyses of labour in Russia and the West often assume a dividing line between free and forced labour that is universally applicable. The first aim of this article is to show that, in Russia, the historical and institutional definition of serfdom poses a problem. I will therefore explore Russian legislation, and how it was applied, from the sixteenth to the nineteenth century. Contrary to generally accepted arguments, serfdom as such was never clearly introduced institutionally in Russia. I will also discuss the presence of slaves in Russia, and the association between certain forms of servitude (especially for debt) and slavery. The presence of chattel slaves in the empire was related to territorial expansion, and to commercial relations with the Caucasus and the Ottoman Empire. Russian forms of bondage are compared to those in other situations, such as indentured service in the West, debt servitude in India, and Islamic slavery. My conclusion is that, not only in Russia but also around the globe, the prevailing forms of labour were not those familiar to us today, which were not introduced until the early twentieth century. Russia constituted an extreme case in a world in which severe constraints were imposed everywhere on labour and its movement, and the legal status of the wage earner and the peasant was lower than that of the master.
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Trundle, Matthew. "Were There Better Angels of a Classical Greek Nature?" Historical Reflections/Réflexions Historiques 44, n.º 1 (1 de marzo de 2018): 17–28. http://dx.doi.org/10.3167/hrrh.2018.440104.
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This article explores Steven Pinker’s thesis with regard to fifth-century BCE Athens. Pinker’s view that the political state became the arbiter of violence is important, but for ancient Greeks that meant that wars became more devastating. States coordinated military action more effectively than earlier tribal chiefs. With regard to violence within communities, the absence of civic values, human rights, or robust legal systems meant that violence mediated many relationships between men and women, masters and slaves, and even aristocrats and lower-status citizens. Violence was a prominent aspect of all ancient people’s lives. In short, Pinker’s thesis provides an excellent heuristic device to analyze Greek antiquity if only to discuss how it may or may not apply in real terms.
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Horodyskyy, I. M. "International legal status of the Free City of Danzig (1920-1939)". Analytical and Comparative Jurisprudence, n.º 5 (30 de diciembre de 2022): 407–12. http://dx.doi.org/10.24144/2788-6018.2022.05.75.
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The article is devoted to a little-studied page of the history of international law and international legal personality - the status of the Free City of Danzig (now Gdańsk) in 1920-1939. The topic of such state entities with a special international regime of territory and subjectivity is a veryinteresting page of the international experience of settling territorial disputes between states. Unfortunately, their research in the Ukrainian international law (in particular, the international legal status of the Neutral Moresnet and the Free City of Krakow) began to appear only in recent years.
The article examines the history of Danzig and the circumstances that actualized the issue of its statehood after the end of the First World War. It was emphasized that the decision to create the Free City was a compromise between the interests of Poland and the residents of Danzig on the one hand, and the interests of various victorious states on the other.
The main sources of the international legal status of the Free City of Danzig are highlighted. The peculiarities of the international legal personality of Danzig in the context of relations between the Free City and Poland and the League of Nations are analyzed. Special attention is paid to various aspects of legal personality, in particular: external relations and membership in international organizations; economic issue; guarantees of the security of the Free City. It is substantiated that, despite the special regime of the territory and the limitation of sovereignty, Danzig was an independent state in the international context.
The reasons that led to the end of the history of the Free City of Danzig are singled out, in particular: permanent conflicts with Poland; the ineffectiveness of the League of Nations as a key guarantor of the security of the Free City; the coming to power of the Nazis in Danzig and their policy of rapprochement with Nazi Germany. It is shown that in the future the use of such formats for the resolution of international disputes is impractical due to the impossibility of considering the entire set of circumstances.
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Massey, Douglas S. "Do Undocumented Migrants Earn Lower Wages than Legal Immigrants? New Evidence from Mexico". International Migration Review 21, n.º 2 (junio de 1987): 236–74. http://dx.doi.org/10.1177/019791838702100201.
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This article examines the extent to which undocumented status lowers wage rates among immigrants to the United States from four Mexican communities. Regression equations were estimated to determine the effect of legal status on wages independent of other demographic, social and economic variables, and special efforts were made to control for possible sample selection biases. Findings suggest that the data are relatively free from selectivity problems that have characterized earlier studies, and that legal status had no direct effect on wage rates earned by male migrants from the four communities. Legal status also had little effect on the kind of job that migrants take in the United States, but it does play an important indirect role in determining the length of time that migrants stay in that country. By reducing the duration of stay, illegal status lowers the amount of employer-specific capital accruing to undocumented migrants, and thereby lowers wage rates relative to legal migrants.
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Smiley, Will. "Let whose people go? Subjecthood, sovereignty, liberation, and legalism in eighteenth-century Russo-Ottoman relations". Turkish Historical Review 3, n.º 2 (2012): 196–228. http://dx.doi.org/10.1163/18775462x00302006.
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This article considers the relationship between law, diplomacy, and identity in delineating slavery and freedom in the Black Sea imperial milieu. Examining the release processes for captives which followed each of the many wars between the Ottoman and Russian empires in the eighteenth century, I argue that these matters were increasingly handled according to written and unwritten legal understandings, rather than through ransoms or threats. The two empires agreed that the Ottoman state would set free enslaved Russian subjects, even those in private hands, but also that the Russians would not demand the release of others. This discussion, therefore, offers a window on the legalization of international relations, and on the growing importance of individuals’ relationship with central states. Moreover, these understandings endured, consciously or unconsciously, into the nineteenth century, arguably shaping Russo-Ottoman and Ottoman-European relations on issues of intervention and the slave trade.
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SEYOUM, AYENEW MAMMO. "SLAVERY, SLAVE TRADE AND MANUMISSION IN GOJJAM, ETHIOPIA, 1940S-1950S." International Journal Of Multidisciplinary Research And Studies 05, n.º 06 (12 de junio de 2022): 01–12. http://dx.doi.org/10.33826/ijmras/v05i06.1.
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Like in other African countries, in Ethiopia slavery and slave trade were practiced for centuries and had been endemic to the society In this article, I have made an attempt to bring out the efforts of different emperors, particularly Emperor Haile Sellassie’s period in order to regulate and prohibit slavery and slave trade in Ethiopia and to discuss the existence of the institutions and the practice until the 1950s. The attempt of the Ethiopian rulers to regulate or prohibit the slave trade in slaves failed to owe to several reasons. Anyway, the most serious laws making the beginning of the end for the institution of slavery in Ethiopia came in the 1920s. In an attempt to counter European criticism, Rastafari issued an edict in 1923 and 1924 imposing heavy penalties on the slave trade without, however, abolishing the legal status of slavery itself. Later, Ethiopia became a signatory to the ‘Slavery Convention of 1926.’ The official policy of the Ethiopian government against the slave trade, however, did little to stop the regional warlords from continuing to raid the borderlands for slaves. The continuation of slave trading and slavery itself in Ethiopia into the 1930s, the involvement of the state in the trade, and the continued use of slaves in the royal court were directly contrary to the public statements of Emperor Haile Sellassie I and the legal commitments of the Ethiopian state. Immediately after the evacuation of the Italian although Emperor Haile Sellassie made efforts to prohibit the trade in slaves, it continued to flourish. Even in 1942, he issued an edict imposing heavy punishment on those who were involved either in capturing or kidnapping, or selling slaves. Nonetheless, this does not mean that it came to an end. For this, I have discovered archival evidence in the Debre Markos Administrative Office and Higher Court House of Eastern Gojjam Zone, and in Dangla and Metekel administrative offices. Accordingly, the archives I discovered have three categories: the first deals with people who were accused of catching, kidnapping, and selling slaves on the basis of an eyewitness who was punished from seven to twenty years of imprisonment. The second category is dealing with people who were accused of kidnapping and selling individuals as slaves for money but for lack of witnesses, who were pardoned and set free. The third phase is connected with the people who after capturing and kidnapping individuals with the intent to sell them to slavery but because of the absence of a purchaser, treated them brutally. The sources are critically collected, scrutinize, and analyzed and their validities are cross-checked one against the other. Finally, as historical research, the paper is based on a systematic selection, collection, and analysis of archival documents, manuscripts, and secondary sources both published and unpublished.
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Chik, Nicholas. "Nativism and the Civil War: The Impact of the Emancipation of Slaves on American Immigration". Lecture Notes in Education Psychology and Public Media 4, n.º 1 (17 de mayo de 2023): 681–88. http://dx.doi.org/10.54254/2753-7048/4/2022292.
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The emancipation of enslaved people after the Civil War dramatically altered the perception of immigrants in the United States. This paper explores legal and social changes that took place in America after the Reconstruction period and analyzes the effect of those changes by comparing the treatment of the Irish in the mid-19th century with that of immigrants who arrived later in the century. It focuses on three main topics: the evolution of immigration laws, the rising popularity of post-war pseudo-scientific theories on race in the late 19th century, and immigrant groups assimilation rates. The study demonstrates how these concepts are interrelated to illustrate the impact of the Civil War on immigration trends. It concentrates on Irish and Italian families since they share many traits: both groups came from poor, rural backgrounds, both took jobs away from Americans and lowered wages, both immigrant groups practiced Catholicism, and both came in waves from Europe. Despite these similarities, Italians, like Asian and Jewish immigrants fleeing their homelands between the 1880s and early 1900s, faced more virulent forms of nativism and more restrictions than Irish newcomers a few decades earlier, in part because of the 14th Amendments definition of birth-based citizenship and post-Reconstruction discrimination that was intended to subordinate newly freed African Americans.
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Savchenko, Viktor. "OCCURRENCE OF FREEDOM OF WILL IN THE CONTEXT OF THE RIGHT TO LIFE". Baltic Journal of Legal and Social Sciences, n.º 4 (2 de enero de 2023): 72–77. http://dx.doi.org/10.30525/2592-8813-2022-4-9.
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The article examines the moment of the emergence of free will in the context of the right to life. The author defines the notion and concept of freedom of will. The article examines the influence of the right to life on freedom of will. The author emphasises that free will and the right to life are fundamental concepts on which law is based. The work states that thanks to free will, people can make decisions and bear responsibility for them, exercise rights and create obligations. The scientist proves that free will arises at the moment of the emergence of the right to life. The article demonstrates that the right to life and free will arises only from the moment of birth. The author substantiates the thesis that the scope of free will changes throughout life. The research examines cases in which the amount of free will can increase due to intellectual development, change in a legal capacity and legal status. It is noted that the amount of freedom of the will may decrease in case of limited legal capacity, change in legal status or case of recognition of a person as incompetent.
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Gabsa, Lidwina Dope Nyadjroh. "Why is it Necessary to Protect Migrants’ Status within Member Countries of the Economic Community of Central African States (ECCAS)? Assessing the Stakes and Relevance of Ensuring a Protective Environment for Migrants". International Journal of Research and Scientific Innovation X, n.º IV (2023): 113–21. http://dx.doi.org/10.51244/ijrsi.2023.10415.
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The protection of migrant right is a principle of international humanitarian law, ratified by most states, including the states of the Economic Community of Central African States (ECCAS), where, the movement of persons is thought to be free and has increased significantly. Although the legal aspect of migrant status and protection has been emphasized, the benefit such protection brings to the host state has been underestimated. The purpose of this article is to fill this gap by identifying and explaining not only the legal environment in which migrants live and operate within ECCAS but also, the benefits achieved by states when they embrace migrants and engage in their protection. The movement of persons within members of the ECCAS is not only a manifestation of the legal will of states of the region to protect migrant status, but also, such movements come with developmental benefits for member states. This article partly seeks to explore the advantages that Cameroon, Chad and Gabon acquire as member states of the ECCAS region when protecting foreigners in accordance with their local legislation and dispositions. Apart from the global symbolic benefits that these countries acquire as members of the international community, they are also thought to achieve real time benefits of national and regional significance when they embrace migrants from neighboring states and ensure their status is protected.
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Coureas, Nicholas Savvas. "Women and the Hospitaller Order on Rhodes and Cyprus in the fourteenth and fifteenth centuries". Ordines Militares Colloquia Torunensia Historica 27 (30 de diciembre de 2022): 177–210. http://dx.doi.org/10.12775/om.2022.007.
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The women on Hospitallers Rhodes were by no means a uniform group. They differed in terms of social class, some being slaves, others being serfs while others were free women, at times wealthy property owners. Nor did the women on Rhodes have the same ethnicity. While the majority of women were Greek, like the inhabitants of Rhodes in general, not all of them originated from Rhodes. In addition, there were also women of Syrian origin, as well as women of Latin and Jewish origin. In terms of marital status, there were unmarried women, married women and widows, and in terms of legal standing there were lay women but also women in religious orders, nuns or donors. In spatial terms some women resided in the countryside while others lived in the Town of Rhodes. Members of all the groups of women mentioned above had contacts or relations with the Hospitaller Order and its members, and women feature in the legislation of the Order.
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Lücke, Matthias. "EU-Beitritt: Freizügigkeit für Arbeitskräfte aus der Ukraine und Republik Moldau". Wirtschaftsdienst 104, n.º 6 (1 de junio de 2024): 383–86. http://dx.doi.org/10.2478/wd-2024-0103.
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Abstract In the 2004 Eastern enlargement, free movement in the EU for citizens of the new member states applied only from the date of accession – or even later in those ‘old’ member states that used long transition periods. However, refugees from Ukraine now live and work freely throughout the EU and many Moldovans hold Romanian passports. With free movement, there would be little extra impact on labour markets; people’s legal status would be secured (current protection for Ukrainians runs out in 2025); and EU accession would become an even stronger institutional anchor for the ongoing systemic transformation of both countries.
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Czechowski, Paweł y Adam Niewiadomski. "Instrumenty prawne reglamentacji obrotu nieruchomościami rolnymi w Polsce na tle regulacji wybranych państw europejskich". Studia Iuridica 72 (17 de abril de 2018): 87–100. http://dx.doi.org/10.5604/01.3001.0011.7589.
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The article presents selected legal instruments affecting the turnover of agricultural real estate in Poland. Changes since 2016 have introduced not only a new legal regime, but also numerous restrictions on the purchase of agricultural real estate. In some respects, they correspond to the resolution of the European Parliament, which encourages EU Member States to protect the agricultural nature of real estate. The current legal status, however, significantly affects the Treaty free movement of capital. In addition, it limits constitutionally protected property. The Polish regulations have been presented against the background of the regulations of selected European countries.
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Dujic, Ivan. "The free trade agreements of North America". Medjunarodni problemi 75, n.º 2 (2023): 313–39. http://dx.doi.org/10.2298/medjp2302313d.
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The definition of North America as a sub-region of the New World from the end of the Cold War to the post-Cold War era is still a perennial problem. The paper focuses on the analysis of the status of three countries in North America during the period from 1980 through 2022. By using the comparative method, content analysis from a legal point of view, and historiographical and statistical methods, the paper offers an answer to the research question: Can Canada, Mexico, and the United States nourish the idea of North America as a common area? Divided into two periods - before and after 2001, the paper points to the importance of the bilateral Canada-United States Free Trade Agreement (CUSFTA), which was superseded by the North American Free Trade Agreement (NAFTA) as a trilateral agreement involving Canada, Mexico, and the US. Further on, NAFTA was substituted by the Canada-United States-Mexico Agreement (CUSMA) as the final version. CUSMA was created in the years of the growing trends towards the weakening of democracy in Mexico and the US. The conclusion of this paper is grounded on the findings related to this sub-region of the New World.
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Rozhkov, I. S. "The Convention on the Legal Status of the Caspian Sea: first results". Post-Soviet Issues 8, n.º 4 (21 de diciembre de 2021): 492–500. http://dx.doi.org/10.24975/2313-8920-2021-8-4-492-500.
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On 12 August 2018, the Fifth Caspian Summit was held in Aktau, Kazakhstan, during which the presidents of Azerbaijan, Iran, Kazakhstan, Russia and Turkmenistan signed a fundamental document for regional cooperation — the Convention on the Legal Status of the Caspian Sea. This comprehensive agreement concludes years of negotiations and enshrines the legal modalities for cooperation between the littoral states in an international legal framework. Its key feature is the harmonious combination of historical principles of interaction between regional actors with new elements in line with modern realities. Since the Convention has laid the foundations for a future-oriented conflict-free model of five-party cooperation based on trust, friendship and good neighborliness, it has come to be compared with the «Constitution of the Caspian Sea» in the expert community.This article provides a structural analysis of the Convention’s provisions and examines its effect on the relationship between the littoral states. The study identifies the reasons that prompted the five Caspian states to start working on the agreement and emphasizes the key role of Russian diplomacy in achieving success in the negotiation process. The author elaborates on the main provisions of the Convention and highlights the areas where the greatest progress has been made. Particular attention is paid to the establishment of a high-level regular consultation mechanism with an emphasis on the development of a methodology for establishing straight baselines in the Caspian Sea area. Interim projections were made regarding possible dates for the Convention’s entry into force. Moreover, the article outlines prospects for holding the Sixth Caspian Summit in Turkmenistan by the end of 2021 and suggests which documents may be adopted at the summit. The author concludes that there is a need to further improve the international legal framework for cooperation and to expand the network of five-party cooperation mechanisms in order to strengthen the sub-regional cooperation model.
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Puharinen, Suvi-Tuuli. "Free Rivers or Legal Certainty?: Review of Hydropower Permits Under EU Water Law". European Energy and Environmental Law Review 31, Issue 1 (1 de febrero de 2022): 54–67. http://dx.doi.org/10.54648/eelr2022004.
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The EU Water Framework Directive (WFD) puts forward ambitious ecological objectives on reaching good status in surface waters throughout the EU. In rivers harnessed for hydropower production, achieving these aims would in many cases necessitate requiring new measures to mitigate the operation’s harms to the river ecosystem. Building on the ideas of adaptive management, the Directive requires Member States to establish a system of rules that enables reviewing hydropower authorizations and ensuring that its objectives are reached. However, it is widely recognized that principles of legal certainty and protection of fundamental rights that are part of the rule of law ideal can limit the law’s capacity to mandate such adaptation. This article assesses the interplay between the WFD’s requirements on adaptation and the principles of rule of law in the EU law in relation to review of hydropower permits. The article concludes that while the EU rule of law is itself quite dynamic and amenable to adaptation, respecting the principles of rule of law puts some requirements of clarity, stability and protection of individuals in the EU legislation and its implementation. water framework directive; good ecological status; adaptive law; hydropower; permit review; EU rule of law
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Hyltén-Cavallius, Katarina. "The Unfolding Destiny of Union Citizenship: From a Fundamental Status to a Status of Genuine Substance". European Journal of Migration and Law 24, n.º 3 (12 de septiembre de 2022): 430–61. http://dx.doi.org/10.1163/15718166-12340136.
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Abstract This article analyses the legal origins of the ‘substance of rights’ doctrine, and its judicial development since its creation in landmark Union citizenship cases over a decade ago. It is demonstrated how the status of Union citizenship has evolved from being a proclaimed fundamental status for the individual in a lawful cross-border situation, to an increasingly operational and legally effective status regardless of the nature of the free movement situation. Under a genuinely substantive status of Union citizenship, any and all Member States are obligated to neither restrict freedom of movement under art. 21 TFEU, nor deprive, de jure or de facto, a Union citizen of the genuine enjoyment of the substance of Union citizenship rights under art. 20 TFEU. Thereby, the relevance of art. 20 TFEU is no longer reserved to the Union citizen’s relationship to their home Member State. In addition, it is argued that, as the jurisdictional spheres of art. 21 TFEU and 20 TFEU merge, the legal mechanisms of EU fundamental rights protection should also be streamlined across Directive 2004/38, art. 21 TFEU and art. 20 TFEU; thereby giving further substance to the citizenship ideal of civis europaeus sum.
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Suparno, Suparno y Qorib Qorib. "Strengthening the Role of Advocates in Providing Legal Assistance to Indonesian Society". Jurnal Indonesia Sosial Sains 5, n.º 1 (8 de enero de 2024): 1387–94. http://dx.doi.org/10.59141/jiss.v5i1.943.
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The role of Advocates in providing legal assistance to the community is regulated in Article 1 number 1 Chapter I of Law Number 16 of 2011 concerning Legal Aid, which states: "Legal Aid is a legal service provided by Legal Aid Providers free of charge to Legal Aid Recipients". Meanwhile, the recipients of legal aid here are impoverished people or people and Legal Aid Providers are Legal Aid Institutions or community organizations that provide legal aid services as described in Law Number 16 of 2011 concerning Legal Aid. According to Law Number 18 of 2003 Article 1 number 9, Chapter I provides the meaning that "Legal Aid is a legal service provided by Advocates free of charge to clients who cannot afford it". Legal aid can be provided to everyone without distinguishing a person's social status. This is like what exists in a legal state (rechtsstaat) where the state recognizes and protects the human rights of every individual. The state's recognition of individual rights implies inequality of standing before the law for all people. Article 28 D paragraph (1) of the 1945 Constitution reads, "Everyone has the right to recognition, guarantees, protection, and fair legal certainty as well as equal treatment before the law." Consequently, Advocates play an important role in upholding legal protection in society. Therefore, the role of Advocates must always be enhanced and supported by the government
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Izarova, Iryna, Yurii Prytyka, Oksana Uhrynovska y Nazar Shestopalov. "Protection of Rights of Internally Displaced Persons amid Military Aggression in Ukraine". Age of Human Rights Journal, n.º 20 (1 de junio de 2023): e7711. http://dx.doi.org/10.17561/tahrj.v20.7711.
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This article is devoted to the study of the legal status of internally displaced persons in Ukraine in the context of the full-scale war launched by the russian federation on 24 February 2022. During the study, an analysis of the doctrinal definition of “internally displaced persons” and the rights guaranteed by it in accordance with the current legislation, developed by the Verkhovna Rada of Ukraine and the Cabinet of Ministers of Ukraine, has been carried out. The article highlights the guiding principles of the international law that should be applied by the states when solving the problem of internal displacement, as well as specific examples of the measures taken by various European countries to solve this problem. Rights of internally displaced persons on right to employment and to receive special housing allowance were analysed as main guaranties. Right to free legal aid was considered as the key point guarantee for ensuring access to justice and protection of rights. Experience of states with similar experience of war (Serbia, Bosnia and Herzegovina, Georgia) were studied. The conclusions focus on the problems of effective implementation of the right of internally displaced persons to free legal aid and summarize the need to improve the effective mechanism of protection of rights of internally displaced persons, which may also be of interest for the European states that sheltered more than 8 million Ukrainians during the war.
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Stewart, Hamish. "PROCEDURAL RIGHTS AND FACTUAL ACCURACY". Legal Theory 26, n.º 2 (junio de 2020): 156–79. http://dx.doi.org/10.1017/s1352325220000154.
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ABSTRACTPeople have procedural rights because states are under a duty of political morality to provide them with fair procedures for settling disputes about the application of the laws. This obligation flows from the state's duty to treat each person as a free and equal member of the legal order. Yet adherence to procedural rights can impede accuracy in fact-finding, which in turn can result in poor protection for substantive rights. So the state also has a duty to provide a reasonable degree of accuracy in fact-finding. The legal order should therefore strive to improve the accuracy of fact-finding, within the constraints imposed by procedural rights people have. Nevertheless, the duty to provide reasonably accurate procedures is subordinate to the duty to provide procedural rights because the settlement of disputes among free persons must be conducted in a manner that respects their status as free persons.
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SKUTELNYK, O. "Regulation of the international legal status of journalists during the war". INFORMATION AND LAW, n.º 1(48) (6 de marzo de 2024): 203–9. http://dx.doi.org/10.37750/2616-6798.2024.1(48).300823.
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The article highlights the problems of the legal status of journalists and their protection during the war on the basis of international legal acts. Attention is focused on the norms of the Geneva Convention of 1949 and its Additional Protocols, which regulate the status of journalists during armed conflicts. Attention is focused on the fact that it is necessary to distinguish two categories of journalists: war correspondents and independent journalists, which are considered separately, and war correspondents are protected by the armed forces, and independent journalists do not have such special protection. It is noted that international humanitarian law considers journalists working in areas of armed conflict as civilians subject to the protection by Geneva Conventions and their Additional Protocols. Deficiencies in the protection of journalists in the context of considering them as ordinary civilians are pointed out. The possibility of creating a single special international legal act is being considered, which will determine the legal status of journalists during their stay in combat zones, taking into account their important mission of conveying true information to society and the functions they perform at the same time. Attention is focused on the need to identify journalists, provide assistance and protection by states, ensure free movement of journalists and respect the confidentiality of their sources. The importance of investigating cases of violence or deaths of journalists was emphasized.
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Dougan, Michael. "The Court Helps Those Who Help Themselves … The Legal Status of Migrant Work-Seekers under Community Law in the Light of the Collins Judgment". European Journal of Social Security 7, n.º 1 (marzo de 2005): 7–34. http://dx.doi.org/10.1177/138826270500700102.
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This article considers the rights to free movement and equal treatment enjoyed by migrant work-seekers, in their capacity as Union citizens, in the light of the judgment of the European Court of Justice in Collins. The Court's approach now focuses upon the right of such lawfully resident Community nationals to challenge discriminatory restrictions on subsistence benefits under Article 39 EC as reinterpreted in light of Article 12 EC; and the potential for the Member States nevertheless to justify such restrictions by reference to their legitimate desire to ensure a ‘real link’ between economically inactive migrants and the domestic welfare systems. The article further addresses the impact of the Collins ruling upon legislative choices made by the Community's political institutions about the mutual allocation between Member States of financial responsibilities for economically inactive persons (including migrant work-seekers), in particular, as contained in Directive 2004/38 on free movement for Union citizens and their family members, and Regulations 1408/71 and 883/2004 on the co-ordination of national social security systems.
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Popovych, T. P. "The concept of duty as an element of the legal status of a person". Analytical and Comparative Jurisprudence, n.º 6 (27 de diciembre de 2023): 714–18. http://dx.doi.org/10.24144/2788-6018.2023.06.123.
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One of the methods of legal regulation of social relations is the establishment by the state of certain duties for its citizens. It is the obligation as an instrument of legal regulation that allows to create a balance between the interests of the individual, society and the state. That is why in Art. 23 of the Constitution of Ukraine states: "Every person has the right to the free development of his personality, if the rights and freedoms of other people are not violated, and he has obligations to the society in which the free and comprehensive development of his personality is ensured.” That is, a person, being in society, constantly interacts with other people. Accordingly, it cannot fail to have obligations towards society, citizens and the state. Therefore, duties are undoubtedly as important elements of legal status as rights and freedoms.
The relevance of the study of legal status in general and duty as its structural element, in particular, is determined by their importance for the existence of a person in society. Therefore, in a philosophical dimension, the legal status secures the achieved level of personal freedom, acts as an important means of effectively meeting the needs and interests of each person, creating and using conditions for its comprehensive development. In addition, the significance of the phenomenon of legal status is reflected in its ability to increase the level of legal certainty, in particular, thanks to legal status, we can understand who a particular subject of law is in particular social relations; in which social relations and to what extent this subject can participate; in what way, on what grounds, conditions, a certain legal subject participates in social relations and how the corresponding subject will leave these relations or exactly how these relations should be terminated.
Duty as an element of the legal status of a person, in turn, is one of the central elements in jurisprudence. Moreover, the level of legal awareness and legal culture in society depends on the proper functioning of the system of duties. In addition, according to the philosophical encyclopedic dictionary, duty is one of the main categories of ethics and moral consciousness, a moral obligation of an individual, a group of persons, a class, a nation, etc., which appears to them as a concrete practical task. That is, duty is a multifaceted category that is of exceptional importance in various spheres of social life, which causes special interest in its research. In addition, a separate prerequisite for the study of the duty category is the embodiment of the will and interests of the entire society in it, since the duty reflects the variant of behavior that is the most acceptable and socially useful.
However, in the course of studies of the legal status of citizens, attention is mostly focused on the category of rights and freedoms, which, of course, form its basis, but they cannot be properly implemented without its other components, namely duties. Moreover, non-fulfillment of the duties specifically assigned to citizens entails a number of negative consequences both for society as a whole and for the state, in particular, the abovementioned balance of interests is violated and the basis for potential social conflicts is created. Thus, both human rights and freedoms and human responsibilities are integral elements of legal status, however, in this article, attention will be focused on the study of the category of responsibility through the lens of legal status.
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Prakash, Chetan y Shivnarayan Tiwari. "ANALYSING THE LEGAL STATUS OF LGBT IN INDIA AND TAKING THE NARRATIVE FORWARD: LIVING FREE AND EQUAL". Dogo Rangsang Research Journal 12, n.º 09 (2022): 113–17. http://dx.doi.org/10.36893/drsr.2022.v12i09n03.113-117.
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This research paper will help you understand about the human sexuality and talks about the various types of gender identities currently evolving in the Indian society. The emergence of legal status and rights of the LGBTQIA community has been mainly derived from the precedence and doctrines followed in the highest courts of the United States and its consequences can be seen in alleviating the conditions of the community all over the world. The experience of having an exclusive or nearly exclusive erotic preference for people of the same sex in fantasies and, typically, through the realisation of sexual intimacy with people of the same sex, is referred to as "homosexuality." It can be thought of in terms of identity, behaviour, and desire. The emotional reaction to same-sex attraction is homosexual desire. When people who are the same sex interact sexually, it is considered homosexual behaviour. The assumption of a self-label known as "homosexual identity" signifies the recognition of the predominance of homosexual desire and behaviour in one's self-composition. Contrary to homosexual identity, homosexual orientation is an affective state that is largely characterised by samesex erotic desire that is uncontrollable and unaffected by historical or social construction. Homosexuals mainly fear to share their identities due to homophobia and discrimination that they will face. This deals with the various laws and legislations and court rulings which have favoured the betterment of the community in INDIA.
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Hojnik, Janja. "Free movement of goods in a labyrinth: Can Buy Irish survive the crises?" Common Market Law Review 49, Issue 1 (1 de febrero de 2012): 291–326. http://dx.doi.org/10.54648/cola2012009.
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The article explores the legal status of consumer ethnocentrism in the EU and how the three simultaneous crises of the present time (economic, food and climate change) challenge the EU Court's judgment in Buy Irish, which presents the foundation for uprooting negative consumer stereotypes towards products from other Member States and protectionism. Various national campaigns of EU Member States that try to raise consumer ethnocentrism are discussed in light of the established case law of the EU Court, thereby highlighting new circumstances, in which the principle of free movement of goods, particularly of food, is currently situated. In this respect, in a recent Green Paper on promotion of the tastes of Europe (COM (2011) 436) the Commission adopted an apparently new approach towards local and regional food markets, by expressly recognizing the importance of short distribution channels for national traditions, food security (and self-sufficiency) and combating climate change. This "new approach" could have considerable consequences for the legitimacy of national initiatives to promote domestic purchase, thereby compromising a thirty year old judgment - Buy Irish and free movement of goods in general.