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University, Court, and Slave reveals long-forgotten connections between pre-Civil War southern universities and slavery. Universities and their faculty owned people-sometimes dozens of people-and profited from their labor while many slaves endured physical abuse on campuses. As Alfred L. Brophy shows, southern universities fought the emancipation movement for economic reasons, but used their writings on history, philosophy, and law in an attempt to justify their position and promote their institutions. Indeed, as the antislavery movement gained momentum, southern academics and their allies in the courts became bolder in their claims. Some went so far as to say that slavery was supported by natural law. The combination of economic reasoning and historical precedent helped shape a southern, pro-slavery jurisprudence. Following Lincoln's November 1860 election, southern academics joined politicians, judges, lawyers, and other leaders in arguing that their economy and society was threatened. Southern jurisprudence led them to believe that any threats to slavery and property justified secession. Bolstered by the courts, academics took their case to the southern public-and ultimately to the battlefield-to defend slavery. A path-breaking and deeply researched history of southern universities' investment in and defense of slavery, University, Court, and Slave will fundamentally transform our understanding of the institutional foundations pro-slavery thought.
This book investigates the intellectual and economic mechanisms by which Southern universities and legal institutions constructed a formal defense of slavery in the decades preceding the American Civil War. Alfred L. Brophy, a legal historian, utilizes archival records, university documents, and judicial opinions to demonstrate how academic and legal elites synthesized economic interests with philosophical arguments to justify the institution of slavery. The author argues that these institutions were not merely passive observers but active participants in creating the pro-slavery jurisprudence that eventually provided the intellectual framework for secession.
What You Will Find
Scope Limits
Scholars and historians frequently cite this work as a significant contribution to the understanding of how academic institutions functioned as ideological engines for the antebellum South. Readers often note the rigorous archival research and the clarity with which the author connects abstract legal theories to concrete economic motivations.
Page Count:
401
Publication Date:
2016-01-01
Publisher:
Oxford University Press
ISBN-10:
019026361X
ISBN-13:
9780190263614
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