8/17/2019 Why Did Colonial Lawmakers Create Strict Slave Codes in the Late 1600s
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Why did colonial lawmakers create strict slave codes in the late
1600s?
Lawmakers wanted slaves to be treated fairly
B) Lawmakers feared an uprising because the African population had increased greatly.
C) Lawmakers wanted to prevent importing of even more Africans to America.D) Lawmakers wanted African Americans to be treated the same as indentured servants
E) Lawmakers wanted to pave the road for African slaves to eventually become fee men
through the process of manumission
Lawmakers feared an uprising because the African population had increased
greatly
lave codes in !irginia became tighter and tighter throughout the "#$$s and
race based slavery became hereditary and absoluteAs slavery spread to the English colonies in the late 1600's, strict slave codes
had to be enacted. hese slave code laws helped reg!late the relationship
between slave and owner, prohibited slaves "rom learning to read and write,
re#!ired a slave to be granted permission "rom the owner to leave the
plantation, and did not allow weapon possession amongst slaves. $olonial
a!thorities "eared tro!ble, so they wrote slavecodes. %nder the codes,
enslaved people co!ld not meet in large n!mbers, own weapons, or leave a
plantation witho!t permission. &t also became illegal to teach enslaved A"rican
Americans to read or write.
Slavery in the French Colonies: Le Code
Noir (the Black Code) of 1685
%anuary "&' ($"" by elly Buchanan
*he following is a guest post by +icole Atwill' enior ,oreign Law pecialist.
*he Black Code tells us a very long story that started in !ersailles' at the court of
Louis -!' the un ing' in /arch "#01 and ended in 2aris in April "030 underArago' at the beginning of the ephemeral econd 4epublic. n a few pages' with the
aridity that befits the seriousness of laws' it tells us of the life and death of those who'
in fact' do not have a history. n five do5en articles' it marks the road that was
followed by hundreds of thousands' millions of men' women and children whose
destiny should have been to leave no trace of their passing from birth to death. 6p. 7)
6*ranslation by the author of this post).
*his first paragraph of Le Code Noir ou le calvaire de Canaan 68*he Black Code or the
9rdeal of Canaan:) by Louis ala;/olins perfectly conveys the substance of the Black
Code. first reviewed the Black Code a few years ago when helped a reader. *he Law
Library owns a "73( edition that is part of our 4are Book Collection. did not know much
http://blogs.loc.gov/law/author/kbuc/http://blogs.loc.gov/law/category/guest-post/http://blogs.loc.gov/law/2010/12/introducing-our-guest-bloggers/http://lccn.loc.gov/87145054http://lccn.loc.gov/87150166http://blogs.loc.gov/law/category/guest-post/http://blogs.loc.gov/law/2010/12/introducing-our-guest-bloggers/http://lccn.loc.gov/87145054http://lccn.loc.gov/87150166http://blogs.loc.gov/law/author/kbuc/
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about it and wished to study it when found time < thankfully' this blog gives me the
opportunity to do so.
Although published two years after his death' the Black Code is usually attributed' at least in
spirit' to %ean;Baptiste Colbert' the famous /inister of Louis -!. Colbert' known as a great
financier' the founder of the ,rench +avy' and the reorgani5er of ,rench commerce andindustry' was also a remarkable =urist 6as noted in the book Great Jurists of the World ). >e
was at the origin of the codifying ordinances adopted during the reign of Louis -! such as
the Civil 9rdinance' the Criminal 9rdinance' the Commerce 9rdinance' and the +avy
9rdinance. *he Colonial 9rdinance of "#01' best known as the 8Black Code': was the last
one to be prepared during his /inistry and may have been completed by his son' the /ar?uis
de eignelay. Although subse?uent decrees modified some of its provisions' the gist of the
Code remained in place until "030.
*he Code@s sity articles regulated the life' death' purchase' religion' and treatment of slaves
by their masters in all ,rench colonies. t provided that the slaves should be bapti5ed and
educated in the Catholic faith. t prohibited masters from making their slaves work onundays and religious holidays. t re?uired that slaves be clothed and fed and taken care of
when sick. t prohibited slaves from owning property and stated that they had no legal
capacity. t also governed their marriages' their burials' their punishments' and the conditions
they had to meet in order to gain their freedom.
Although some may have seen the Black Code as an improvement over eisting law at that
time' many condemned it in very strong terms. !oltaire wrote that 8the Black Code only
serves to show that the legal scholars consulted by Louis -! had no ideas regarding human
rights.: 4obert iacomel' a ,rench attorney' called the Black Code a crime against humanity
in his book Le Code Noir, autopsie d’un crime contre l’humanité 68*he Black Code' Autopsy
of a Crime against >umanity:). ala;/olins' who taught political philosophy at the
niversity of *oulouse and at the niversity of 2aris;orbonne' referred to it as 8the most
monstrous legal document of modern times: and only a weak barrier to the master@s tyranny.
lavery was abolished in ,rance on ,ebruary 3' "73. *he decree stated 8*he Convention
declares the slavery of the blacks abolished in all the coloniesF conse?uently all men
irrespective of color living in the colonies are ,rench citi5ens and shall en=oy all the rights
provided by the Constitution.: nfortunately' none of the implementing measures were
taken' and slavery was reinstated by a decree of %uly "#' "0$(' while +apoleon Bonaparte
was ,irst Consul. t was definitively abolished by a decree of April (7' "030' on the initiative
of !ictor choelcher . *he Black Code had remained in force for "#& years.
9n /ay "$' ($$"' the ,rench 2arliament adopted Law ($$";3&3 known as the 8*aubira law':
after the deputy who introduced it before the +ational Assembly 6click on 8Les autres tetes
lGgislatifs et rGglementaires: and enter the law number). ts first article provides as follows
*he ,rench 4epublic acknowledges that the Atlantic and ndian 9cean slave trade on
the one hand and slavery on the other' perpetrated from the fifteenth century in the
Americas' the Caribbean' the ndian 9cean and in Europe against African'
Amerindian' /alagasy and ndian peoples constitute a crime against humanity.
n addition' the law re?uired the introduction to the school history curriculum of courses onslavery and the establishment of a lavery 4emembrance Day to ensure that the 8memory of
http://lccn.loc.gov/97008298http://lccn.loc.gov/2004429587http://www.ohio.edu/chastain/rz/schoel.htmhttp://www.ohio.edu/chastain/rz/schoel.htmhttp://www.legifrance.gouv.fr/http://lccn.loc.gov/97008298http://lccn.loc.gov/2004429587http://www.ohio.edu/chastain/rz/schoel.htmhttp://www.legifrance.gouv.fr/
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this crime lives forever in future generations: 6Articles (' 3). ,ormer 2resident %ac?ues
Chirac chose /ay "$th as the commemoration day.
Le Code +oir
*itle page to a "73& copy of theCode Noir.
*itle page from a "#01 copy of the Code Noir.
Le Code Noir 6transl. The Black Code)' was a decree passed by ,ranceHs ing Louis -! in
"#01. *he Code +oir ordered all %ews out of the colony' forbade the eercise of any other
religion' other than the I4oman' Catholic' and Apostolic ,aithI' restricted the activities of
free Blacks 6affranchis) and defined the brutal conditions of slavery in the ,rench colonial
empire. *his law was in effect for over a century' although the slave;masters often ignored all
provisions dealing with the rights of slaves and continued their cruel eploitation withimpunity.
Edict of the King:
On the subject of the Policy regarding the Islands of French America
March 16!
"ecorded at the so#ereign $ouncil of %aint &omingue' 6 May 16()
Louis, by the grace of God, King of France and Navarre: to all those here present and to those
to come, GREETNG!" n that #e must also care for all people that $ivine %rovidence has put
under our tutelage, #e have agreed to have the reports of the officers #e have sent to our
&merican islands studied in our presence" These reports inform us of their need for our
authority and our 'ustice in order to maintain the discipline of the Roman, (atholic, and
&postolic Faith in the islands" )ur authority is also re*uired to settle issues dealing #ith the
condition and *uality of the slaves in said islands" +e desire to settle these issues and informthem that, even though they reside infinitely far from our normal abode, #e are al#ays present
for them, not only through the reach of our po#er but also by the promptness of our help to#ard
their needs" For these reasons, and on the advice of our council and of our certain no#ledge,
absolute po#er and royal authority, #e have declared, ruled, and ordered, and declare, rule,
and order, that the follo#ing pleases us:
Article I" +e desire and #e e-pect that the Edict of ./ &pril 0102 of the late King, our most
honored lord and father #ho remains glorious in our memory, be e-ecuted in our islands" This
accomplished, #e en'oin all of our officers to chase from our islands all the 3e#s #ho have
established residence there" &s #ith all declared enemies of (hristianity, #e command them to
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be gone #ithin three months of the day of issuance of the present 4order5, at the ris of
confiscation of their persons and their goods"
Article II" &ll slaves that shall be in our islands shall be bapti6ed and instructed in the Roman,
(atholic, and &postolic Faith" +e en'oin the inhabitants #ho shall purchase ne#ly7arrived
Negroes to inform the Governor and ntendant of said islands of this fact #ithin no more that
eight days, or ris being fined an arbitrary amount" They shall give the necessary orders to have
them instructed and bapti6ed #ithin a suitable amount of time"
Article III" +e forbid any religion other than the Roman, (atholic, and &postolic Faith from
being practiced in public" +e desire that offenders be punished as rebels disobedient of our
orders" +e forbid any gathering to that end, #hich #e declare to be conventicle, illegal, and
seditious, and sub'ect to the same punishment as #ould be applicable to the masters #ho
permit it or accept it from their slaves"
Article I*" No persons assigned to positions of authority over Negroes shall be other than a
member of the Roman, (atholic, and &postolic Faith, and the master #ho assigned thesepersons shall ris having said Negroes confiscated, and arbitrary punishment levied against the
persons #ho accepted said position of authority"
Article *" +e forbid our sub'ects #ho belong to the so7called 8reformed8 religion from causing
any trouble or unforeseen difficulties for our other sub'ects or even for their o#n slaves in the
free e-ercise of the Roman, (atholic, and &postolic Faith, at the ris of e-emplary punishment"
Article *I" +e en'oin all our sub'ects, of #hatever religion and social status they may be, to
observe !undays and the holidays that are observed by our sub'ects of the Roman, (atholic,
and &postolic Faith" +e forbid them to #or, nor mae their slaves #or, on said days, from
midnight until the follo#ing midnight" They shall neither cultivate the earth, manufacture sugar,
nor perform any other #or, at the ris of a fine and an arbitrary punishment against the
masters, and of confiscation by our officers of as much sugar #ored by said slaves before
being caught"
Article *II" +e forbid them also to hold slave marets or any other maret on said days at the
ris of similar punishments and of confiscation of the merchandise that shall be discovered at
the maret, and an arbitrary fine against the sellers"
Article *III" +e declare that our sub'ects #ho are not of the Roman, (atholic, and &postolic
Faith, are incapable of contracting a valid marriage in the future" +e declare any child born from
such unions to be bastards, and #e desire that said marriages be held and reputed, and to hold
and repute, as actual concubinage"
Article I+" Free men #ho shall have one or more children during concubinage #ith their slaves,
together #ith their masters #ho accepted it, shall each be fined t#o thousand pounds of sugar"
f they are the masters of the slave #ho produced said children, #e desire, in addition to the
fine, that the slave and the children be removed and that she and they be sent to #or at the
hospital, never to gain their freedom" +e do not e-pect ho#ever for the present article to be
applied #hen the man #as not married to another person during his concubinage #ith this
slave, #ho he should then marry according to the accepted rites of the (hurch" n this #ay she
shall then be freed, the children becoming free and legitimate" " " "
Article +I" +e forbid priests from conducting #eddings bet#een slaves if it appears that they do
http://thelouvertureproject.org/index.php?title=Slaveshttp://thelouvertureproject.org/index.php?title=Slaveshttp://thelouvertureproject.org/index.php?title=Slaveshttp://thelouvertureproject.org/index.php?title=Slaveshttp://thelouvertureproject.org/index.php?title=Slaveshttp://thelouvertureproject.org/index.php?title=Slaves
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not have their masters9 permission" +e also forbid masters from using any constraints on their
slaves to marry them #ithout their #ishes"
Article +II" (hildren born from marriages bet#een slaves shall be slaves, and if the husband
and #ife have different masters, they shall belong to the masters of the female slave, not to the
master of her husband"
Article +III" +e desire that if a male slave has married a free #oman, their children, either male
or female, shall be free as is their mother, regardless of their father9s condition of slavery" &nd if
the father is free and the mother a slave, the children shall also be slaves" " " "
Article +*" +e forbid slaves from carrying any offensive #eapons or large stics, at the ris of
being #hipped and having the #eapons confiscated" The #eapons shall then belong to he #ho
confiscated them" The sole e-ception shall be made for those #ho have been sent by their
masters to hunt and #ho are carrying either a letter from their masters or his no#n mar"
Article +*I" +e also forbid slaves #ho belong to different masters from gathering, either during
the day or at night, under the prete-t of a #edding or other e-cuse, either at one of the master9s
houses or else#here, and especially not in ma'or roads or isolated locations" They shall ris
corporal punishment that shall not be less than the #hip and the fleur de lys, and for fre*uent
recidivists and in other aggravating circumstances, they may be punished #ith death, a decision
#e leave to their 'udge" +e en'oin all our sub'ects, even if they are not officers, to rush to the
offenders, arrest them, and tae them to prison, and that there be no decree against them" " " "
Article +*III" +e forbid slaves from selling sugar cane, for #hatever reason or occasion, even
#ith the permission of their master, at the ris of a #hipping for the slaves and a fine of ten
pounds for the masters #ho gave them permission, and an e*ual fine for the buyer"
Article +I+" +e also forbid slaves from selling any type of commodities, even fruit, vegetables,fire#ood, herbs for cooing and animals either at the maret, or at individual houses, #ithout a
letter or a no#n mar from their masters granting e-press permission" !laves shall ris the
confiscation of goods sold in this #ay, #ithout their masters receiving restitution for the loss, and
a fine of si- pounds shall be levied against the buyers" " " "
Article ++*II" !laves #ho are infirm due to age, sicness or other reason, #hether the sicness
is curable or not, shall be nourished and cared for by their masters" n the case that they be
abandoned, said slaves shall be a#arded to the hospital, to #hich their master shall be re*uired
to pay si- sols per day for the care and feeding of each slave" " " "
Article +++I" !laves shall not be a party, either in court or in a civil matter, either as a litigant or
as a defendant, or as a civil party in a criminal matter" &nd compensation shall be pursued in
criminal matters for insults and e-cesses that have been committed against slaves" " " "
Article +++III" The slave #ho has struc his master in the face or has dra#n blood, or has
similarly struc the #ife of his master, his mistress, or their children, shall be punished by death"
" " "
Article +++*III" The fugitive slave #ho has been on the run for one month from the day his
master reported him to the police, shall have his ears cut off and shall be branded #ith a fleur
de lys on one shoulder" f he commits the same infraction for another month, again counting
from the day he is reported, he shall have his hamstring cut and be branded #ith a fleur de lys
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on the other shoulder" The third time, he shall be put to death"
Article +++I+" The masters of freed slaves #ho have given refuge to fugitive slaves in their
homes shall be punished by a fine of three hundred pounds of sugar for each day of refuge"
Article +," The slave #ho has been punished #ith death based on denunciation by his master,and #ho is not a party to the crime for #hich he #as condemned, shall be assessed prior to his
e-ecution by t#o of the principal citi6ens of the island named by a 'udge" The assessment price
shall be paid by the master, and in order to satisfy this re*uirement, the ntendant shall impose
said sum on the head of each Negro" The amount levied in the estimation shall be paid for each
of the said Negroes and levied by the 4Ta-5 Farmer of the Royal +estern lands to avoid costs" " "
"
Article +,II" The masters may also, #hen they believe that their slaves so deserve, chain them
and have them beaten #ith rods or straps" They shall be forbidden ho#ever from torturing them
or mutilating any limb, at the ris of having the slaves confiscated and having e-traordinary
charges brought against them"
Article +,III" +e en'oin our officers to criminally prosecute the masters, or their foremen, #ho
have illed a slave under their auspices or control, and to punish the master according to the
circumstances of the atrocity" n the case #here there is absolution, #e allo# our officers to
return the absolved master or foreman, #ithout them needing our pardon"
Article +,I*" +e declare slaves to be charges, and as such enter into community property"
They are not to be mortgaged, and shall be shared e*ually bet#een the co7inheritors #ithout
benefit to the #ife or one particular inheritor, nor sub'ect to the right of primogeniture, the usual
customs duties, feudal or lineage charges, or feudal or seigneurial ta-es" They shall not be
affected by the details of decrees, nor from the imposition of the four7fifths, in case of disposal
by death or be*ueathing" " " "
Article +,*II" usband, #ife and prepubescent children, if they are all under the same master,
may not be taen and sold separately" +e declare the sei6ing and sales that shall be done as
such to be void" For slaves #ho have been separated, #e desire that the seller shall ris their
loss, and that the slaves he ept shall be a#arded to the buyer, #ithout him having to pay any
supplement" " " "
Article ,*" ;asters t#enty years of age may free their slaves by any act to#ard the living or
due to death, #ithout their having to give 'ust cause for their actions, nor do they re*uire
parental advice as long as they are minors of .2 years of age"
Article ,*I" The children #ho are declared to be sole legatees by their masters, or named as
e-ecutors of their #ills, or tutors of their children, shall be held and considered as freed slaves" "
" "
Article ,*III" +e declare their freedom is granted in our islands if their place of birth #as in our
islands" +e declare also that freed slaves shall not re*uire our letters of naturali6ation to en'oy
the advantages of our natural sub'ects in our ingdom, lands or country of obedience, even
#hen they are born in foreign countries"
Article ,I+" +e grant to freed slaves the same rights, privileges and immunities that are
en'oyed by freeborn persons" +e desire that they are deserving of this ac*uired freedom, and
that this freedom gives them, as much for their person as for their property, the same happiness
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that natural liberty has on our other sub'ects"
Siete Partidas (Seven Part Code)
(rance chose to draw !p a slave code beca!se, !nlike the English, the (renchcolonies never had a plantocracy which was "!lly in control as it was in the )ritish
colonies. %ntil 1*+ there were no (rench -ocal Assemblies. here"ore, all laws
and policies were decided in (rance and carried o!t by the overnor or the
&ntendant and the many o/cials on the islands. laves worked on coee as well
he )ritish viewed their slaves as chattel property and as s!ch, they co!ld be
sold, trans"erred to another estate or !sed to pay debts. lave marriage and
man!mission there"ore, were not enco!raged. he panish, on the other hand,
considered the slaves to be h!man beingsalbeit lesser h!man beings2 hey
acknowledge that slavery was wrong, b!t arg!ed that it was a necessary evil.
he panish "elt that they had a $hristian d!ty towards the slaves. his wasre3ected in the slave laws themselves and acco!nt "or the main dierences
between the panish slave laws 4iete 5artidas and the )ritish lave -aws. (or
e7ample, panish slaves had rightsthey co!ld not be starved, overworked or
!nlaw"!lly p!nished. he law g!aranteed them right o" entry to the 8oman
$atholic $h!rch as well as time "or religio!s instr!ctions. hey co!ld also marry
witho!t their owners' permission and were allowed to have a "amily. 9ne m!st
note however that many o" these laws were :!st on paper.
LS S!"#" $%#!&S
Las Siete artidas' the even;2art Code' was a set of laws codified inmedieval pain' some of which were crucial to the legal foundation
of modern slavery in the +ew Jorld. *he code' possibly the most
conse?uential and comprehensive set of laws of the medieval period'
was compiled in Castile between "(1" and "(#1 under Alfonso - the
Jise. *he laws went into effect around "&30 and became the
foundation for all panish =urisprudence. Beginning with panish
epansion in the siteenth century' the code spread to pain@s +ew
Jorld possessions in the Americas' Asia' and Africa' giving the codethe widest territorial influence of any single legal code.
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n beria the institution of slavery relied on the legal precepts of the
ancient !isigoths and 4omans as well as the By5antine %ustinian
Code that combined 4oman and Church law in the early medieval
period. *raditionally slavery was =ustified by the rules of warF slaves
were furnished by the van?uished and prisoners of battle. n the early
medieval period' as a result of the slamic con?uest of southern pain
67"";"3() and the Crusades spanning the eleventh to the thirteenth
centuries' religion became a significant component of the =ustification
of war and enslavement. *he Siete artidas built on these legal and
ethical traditions.
*he Castilian code permitted individuals as well as municipal and
religious organi5ations to own slaves and codified the criteria that hadtraditionally =ustified enslavement. 2risoners of =ust wars'
particularly non;Christians' as well as condemned persons' children
of enslaved mothers' and those who voluntarily sold themselves into
slavery for debt relief or other economic reasons were regarded as
legitimate slaves. *he Siete artidas appended the traditional
conditions with two additional categories of persons eligible for
slavery children of priests were re?uired to serve as slaves in their
father@s churches and Christians who provided war material to /oors
could be legally enslaved. /uslims' %ews' and others considered
infidels could not legally own Christian slaves.
*he Siete artidas protected certain rights for enslaved individuals
and provided a number of legal channels for manumission. Christian
slaves were entitled to marry one another with the masters@
permission' and masters were legally bound to grant permission
unless they could prove that the union posed a serious danger to their
interests. /asters were prohibited from ehibiting cruel treatment'including separating families' ecessive physical punishment'
starving slaves' or eploiting them seually. /asters who did not
abide by these laws could be taken to court' and' if proven guilty'
their slaves would be sold to another master or' in certain cases'
manumitted. laves who displayed eceptional service to a master or
the state were eligible for manumission. laves were legally
permitted to ply a trade and to own propertyF they had the legal right
to earn' borrow' and lend money and to purchase their freedom or that
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of another. laves were permitted to bring legal suits' testify in court'
and organi5e religious brotherhoods.
*he laws of the Siete artidas addressing the rights of masters and
slaves in medieval pain reflected a system of slavery that waslargely domestic' urban' and temporary and affected an enslaved
population of a various nationalities. ub;aharan and +orth;African
soldiers and slaves accompanied the occupying /uslim armies' and
those captured in battle were considered panish property' while other
Africans arrived in pain via slave markets or as free persons.
ardinians' reeks' 4ussians' paniards' Canary slanders' *urks'
Egyptians' and /oors were among the various peoples who served as
slaves in medieval and early modern pain. Jhile the laws ofthe Siete artidas were closely aligned with the Catholic Church and
favored Christians' slaves in medieval pain might be Christian as
well as %ewish or /uslim. *he slave laws of the Siete artidas did
not refer to nationality or race. Because the artidas reflected the
panish cultural and religious belief that enslavement was an
unfortunate and accidental status rather than a natural state' the
burden of proof of a person@s enslaved status fell on the ownerF
without positive evidence' an alleged slave would be freed.
After "1$$' the Siete artidas spread to pain@s overseas possessions'
including Cuba' 2uerto 4ico' /eico' 2eru' the 2hilippines' ,lorida'
and Louisiana. Jhile pain developed colonial policy in subse?uent
centuries to regulate the trans;Atlantic slave trade and the growth of
plantation slavery' both of which were on a scale unparalleled in the
ancient and medieval worlds' panish legislators continued to rely on
several elements of the Siete artidas. *he influence of
the artidas made for greater legal rights' protections' and channelsto freedom for slaves in the panish Americas relative to British
+orth America. >ow much these rights were observed in practice is a
matter of scholarly debate. +onetheless' numerous slaves in panish;
influenced regions such as Cuba and Louisiana petitioned courts to
uphold their rights and either won or purchased their own freedom
based on the legal precedents of the artidas.
Elements of the Siete artidas remained in force in ,lorida'
Louisiana' and *eas even after these territories went from panish to
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American possession. *he artidas continue to undergird basic law
in panish America and the 2hilippines.
imilarity
I know the Partidas were laws to regulate slavery in Spanish Speaking areas, and Code Noir was alaw to regulate slavery in the French Colonies,
• rule noun (INSTRUCTION)
)1 ; $ !s!ally pl!ral umans live in society because itHs
convenient. n ancient times was a way to be protected from wild beast or other human
groups and improve the use of resources.
LetHs say that you and agree to protect each other by taking turns watching so the other can
sleep. *he agreement has to include a clause where we both take responsibility for not killing
the other. *hatHs our law' it applies to you and me. Anyone else around us may 6and will) try
to kill us because theyHre not part on our agreement.
ame with property' agree to respect your property only if you accept the responsibility of
respecting my own. And that becomes part of our law' without that we have no society. JeHre
not partners' thatHs the meaning of society' partnership.
o far it makes sense to live in society. Je accept responsibilities' we renounce to some of
our freedoms 6not kill others' not harm others' not steal from other members of the society) to
receive in return the benefits of society 6not being kill by others' not being harm by others'
not being robbed by other members of the society).
*he problem start when the laws go beyond the needs of the society and start satisfying the
wants and needs of one or many members of the society' even if those many are the ma=ority.
Hm going to pick a stupid eample. LetHs say that you think that some comic books are bad
for people to read. Depraved se' eplicit language and images' violence' etc. tHs =ust a
drawing on a piece of paper but you donHt like it and think that people en=oying it are
obviously depraved and dangerous. Kou lobby for it and get a law passed that prohibit such
comics. have my basement full of them' collected them for ages. +ow Hll keep reading
them over and over again' violating the law. >ow are you going to enforce it +ot being a
victim involved nor the basics of society disturbed' can go on breaking the law forever.
can keep it private or can build my own society between the society where we share thecomics and keep it for ourselves. Jhat good does the law make to you besides satisfying
http://dictionary.cambridge.org/help/codes.htmlhttp://dictionary.cambridge.org/help/codes.htmlhttp://dictionary.cambridge.org/dictionary/english/acceptedhttp://dictionary.cambridge.org/dictionary/english/principlehttp://dictionary.cambridge.org/dictionary/english/instructionhttp://dictionary.cambridge.org/dictionary/english/statehttp://dictionary.cambridge.org/dictionary/english/tellhttp://dictionary.cambridge.org/dictionary/english/allowhttp://dictionary.cambridge.org/dictionary/english/allowhttp://www.businessdictionary.com/definition/principle.htmlhttp://www.businessdictionary.com/definition/standard.htmlhttp://www.businessdictionary.com/definition/serve.htmlhttp://www.businessdictionary.com/definition/norm.htmlhttp://www.businessdictionary.com/definition/action.htmlhttp://www.businessdictionary.com/definition/conduct.htmlhttp://dictionary.cambridge.org/help/codes.htmlhttp://dictionary.cambridge.org/dictionary/english/acceptedhttp://dictionary.cambridge.org/dictionary/english/principlehttp://dictionary.cambridge.org/dictionary/english/instructionhttp://dictionary.cambridge.org/dictionary/english/statehttp://dictionary.cambridge.org/dictionary/english/tellhttp://dictionary.cambridge.org/dictionary/english/allowhttp://dictionary.cambridge.org/dictionary/english/allowhttp://www.businessdictionary.com/definition/principle.htmlhttp://www.businessdictionary.com/definition/standard.htmlhttp://www.businessdictionary.com/definition/serve.htmlhttp://www.businessdictionary.com/definition/norm.htmlhttp://www.businessdictionary.com/definition/action.htmlhttp://www.businessdictionary.com/definition/conduct.html
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your perception of righteousness
*his eample shows two important aspects of the law. 9ne is that the common law works
because itHs a contract between us that benefits all of us. nfortunately' that concept is lost
now. JeHre made to believe that the law is almighty and powerful and that our responsibility
is no longer needed to make it work. *hatHs why when our neighbor is being robbed' raped or
killed' we look the other way and call "". *he laws that donHt fall into this category donHtwork. f you donHt get benefit from the law' you look for ways to go around it. Je all do.
*he other aspect is that the law has to be practical. f you canHt enforce it' whatHs the point
And donHt say that all laws that can be enforced are good. Hm saying that no matter how
good a law is' if you canHt enforce it' itHs worth nothing. /ost of the time you can enforce any
law if civil liberties and use of resources are not an issue 6and youHre willing to accept
punishment of innocents once in a while).
*he stupid eample is =ust a metaphor of the real cases that donHt want to get into now' but
Hm sure that you can see that laws about drug use' consensual se' dressing codes and other
forms of private behavior are represented by this eample.
*oday most of the laws are about the use of resources. *hose are easy to enforce because thegovernment controls the resources. +ot all of them... yet... but most of them. *hey control the
money' the tool we use to echange the wealth we produce' they control the land mostly
through regulations and ordinances' they control high value assets through mandatory
registration and they control our minds through mandatory education 6indoctrination).
tHs easy to do' they =ust take what they want or need and write a law saying that the transfer
of resources is legal. 2eriod.
can write a book about this... to sum it up' we donHt need laws in society. Je can do well
with common law from common sense. *he Constitution may not be perfect but itHs full
of common sense. tHs in itself a good guideline to rule society. +one to very little law is
needed beyond the Constitution. But if you go and check how many laws there are... itHs the
effing library of congress... literally...
M. ociety needs r!les to prevent anarchy. 8!les protect the general wellbeingo" society. Witho!t r!les, people wo!ld do as they please, o"ten endangering
themselves and others. )eca!se otherwise street kids wo!ld take over the
world. 1.&n society, we need r!les in order to help h!mans live sa"ely. =.o
prevent anarchy where the strong dominate the weak. >.inorities can live in
peace. Witho!t r!les society wo!ld be !ncivili@ed. 5eople wo!ld do whatever
they wanted
when they pleased. 8!les provide sa"ety "or society.
i" wedidn't have r!les the world wo!ld be hecktic and "!ll o" chaos r!les balence
o!t the world Added o prevent anarchy.
$.
ociety needs r!les in order to avoid the !nwelcome conse#!ences o" h!man
interaction in the absence o" these r!les. Witho!t r!les, there wo!ld be no order,
and witho!t order there wo!ld be complete chaos. 8!les mitigate this chaotic
state and provide a means o" interaction witho!t negative conse#!ence. 5eople
in general need r!les to "!nction. 8!les are a way to deBne acceptable behavior
"or a society. 9bvio!sly, dierent societies have dierent levels o" acceptable
behavior, so dierent societies will have dierent r!les. his can range "rom
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dierent homes to dierent c!lt!res and nations. ociety needs r!les in order to
maintain peace and protect people. &" there weren't set bo!ndaries,then mayhem
and chaos wo!ld res!lt. -aws 4which yo! co!ld call Clegal r!lesC lay o!t
e7pectations "or behavior so a gro!p o" people can live peace"!lly together, and
set p!nishment "or disregarding those r!les.
D
hare Kour *houghts
6f. Slave Codes
*he ranger Collection' +ew Kork +at *urner was inspired by visions of the pirit to lead a slave uprising in !irginia on August
((' "0&".
laves did not accept their fate without protest. /any instances of rebellion were known to
Americans' even in colonial times. *hese rebellions were not confined to the outh. n fact'
one of the earliest eamples of a slave uprising was in "7"( in /anhattan. As African
Americans in the colonies grew greater and greater in number' there was a =ustifiable
paranoia on the part of the white settlers that a violent rebellion could occur in oneHs own
neighborhood. t was this fear of rebellion that led each colony to pass a series of laws
restricting slavesH behaviors. *he laws were known as slave codes.
Although each colony had differing ideas about the rights of slaves' there were some common
threads in slave codes across areas where slavery was common. Legally considered property'
slaves were not allowed to own property of their own. *hey were not allowed to assemble
without the presence of a white person. laves that lived off the plantation were sub=ect to
special curfews.
n the courts' a slave accused of any crime against a white person was doomed. +o testimony
could be made by a slave against a white person. *herefore' the slaveHs side of the story could
never be told in a court of law. 9f course' slaves were conspicuously absent from =uries as
well.
http://www.ushistory.org/us/more/writeus.asphttp://www.ushistory.org/us/more/writeus.asp
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lave codes had ruinous effects on African American society. t was illegal to teach a slave to
read or write. 4eligious motives sometimes prevailed' however' as many devout white
Christians educated slaves to enable the reading of the Bible. *hese same Christians did not
recogni5e marriage between slaves in their laws. *his made it easier to =ustify the breakup of
families by selling one if its members to another owner.
As time passed and the numbers of African Americans in the +ew Jorld increased' so did the
fears of their white captors. Jith each new rebellion' the slave codes became ever more strict'
further abridging the already limited rights and privileges this oppressed people might hope
to en=oy.
British slave laws.
664
N +o Christian can be held in slavery.
1681-1683
N laves may not leave their masters@ houses without permission.
N laves may not own weapons.
N laves may not gather in groups larger than four.
N Jhite people and free black people may not entertain slaves in their
homes.
N Jhite people and free black people may not sell li?uor to slaves.
1692
N laves who make noise in the street on undays will be whipped.
1697
F 5eople o" A"rican descent may not be b!ried in the town
cemetery.
1702
N laves may not gather in groups larger than three.
N laves who break this law will receive 3$ lashes on the naked back.
N /asters may punish their slaves for any misdeed in any way they wish
ecept killing them or cutting off their limbs.
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1706
N /asters are no longer obligated to free slaves who convert to Christianity.
N Children born to enslaved women are slaves for life.
1707
N +ewly freed black people may not own or inherit land.
1708
N Any slave who murders his or her master will be tortured and killed.
N Any slave who plots with others to murder his or her master will be tortured
and killed.
1712
N Any slave who plots with others to revolt will be tortured and killed.
N +o slave can ever own a gun or pistol.
N +o black person who becomes free after "7"( may own a house or pass
property on to their children.
N *o free a slave' the master must pay a ($$;pound bond' to cover the costs
should the freed slave ever become a public charge.
1713
N +o slave "3 years or older may go out after dark without a lantern.
1722
F (unerals for slaves and free African Americans must be held during
daylight.
1731F laves co!ld not gamble "or money
F laves who rode a horse too "ast or dangero!sly in the city
co!ld be whipped
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