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The Jurisprudence of American Slave Sales

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  • Wahl, Jenny B.

Abstract

An analysis of all appellate cases involving slave-sales reveals that southern courts helped minimize the costs of trading in slaves. Slave-sales law also surpassed other contemporaneous commercial law in sophistication. Why? Greater information gaps between slave buyers and sellers called for more complex institutional support. The enormous property value embodied by slaves also led to more litigation, greater need for settled law, and a more even match of power between plaintiff and defendant. Additionally, legal rules surrounding slave sales substituted for the employment law governing free-labor markets.

Suggested Citation

  • Wahl, Jenny B., 1996. "The Jurisprudence of American Slave Sales," The Journal of Economic History, Cambridge University Press, vol. 56(1), pages 143-169, March.
    • Handle: RePEc:cup:jechis:v:56:y:1996:i:01:p:143-169_01
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    Cited by:

    1. Scott A. Carson, 2008. "Geography and Insolation in 19th Century US African-American and White Statures," CESifo Working Paper Series 2229, CESifo.
    2. Scott A. Carson, 2007. "African-American and White Inequality in the American South: Evidence from the 19th Century Missouri State Prison," CESifo Working Paper Series 1954, CESifo.
    3. Scott Carson, 2011. "Nineteenth century African-American and white US statures: the primary sources of vitamin D and their relationship with height," Journal of Bioeconomics, Springer, vol. 13(1), pages 1-15, April.
    4. Scott A. Carson, 2006. "African-American and White Living Standards in the 19th Century American South: A Biological Comparison," CESifo Working Paper Series 1696, CESifo.
    5. Scott Carson, 2011. "Demographic, residential, and socioeconomic effects on the distribution of nineteenth-century African-American stature," Journal of Population Economics, Springer;European Society for Population Economics, vol. 24(4), pages 1471-1491, October.
    6. Scott Carson, 2015. "A Weighty Issue: Diminished Net Nutrition Among the U.S. Working Class in the Nineteenth Century," Demography, Springer;Population Association of America (PAA), vol. 52(3), pages 945-966, June.
    7. Scott A. Carson, 2010. "Nineteenth Century US African-American and White Female Statures: Insight from US Prison Records," CESifo Working Paper Series 3169, CESifo.
    8. Scott A. Carson, 2008. "Demographic, Residential, and Socioeconomic Effects on the Distribution of 19th Century African-American Stature," CESifo Working Paper Series 2479, CESifo.
    9. Carson, Scott Alan, 2011. "Height of female Americans in the 19th century and the antebellum puzzle," Economics & Human Biology, Elsevier, vol. 9(2), pages 157-164, March.
    10. Scott Carson, 2009. "African-American and white inequality in the nineteenth century American South: a biological comparison," Journal of Population Economics, Springer;European Society for Population Economics, vol. 22(3), pages 739-755, July.
    11. Carson, Scott Alan, 2009. "Geography, insolation, and vitamin D in nineteenth century US African-American and white statures," Explorations in Economic History, Elsevier, vol. 46(1), pages 149-159, January.
    12. Scott A. Carson, 2012. "Obesity in Black and White: Accounting for 19th Century US BMI Differences by Socioeconomic Status and Biology," CESifo Working Paper Series 3913, CESifo.
    13. Scott A. Carson, 2012. "Nineteenth Century US BMIs by Race: Socioeconomics and Biology," CESifo Working Paper Series 3971, CESifo.
    14. Scott A. Carson, 2021. "International Migration and Net Nutrition in the Late 19th and Early 20th Centuries: Evidence from Prison Records," CESifo Working Paper Series 9411, CESifo.
    15. Scott A. Carson, 2006. "Modern Health Standards for Peoples of the Past: Biological Conditions by Race in the American South, 1873 – 1919," CESifo Working Paper Series 1879, CESifo.

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