Slavery at Common Law

Slavery at common law in former colonies of the British Empire, developed slowly over centuries, characterised by inconsistent decisions and varying rationales for the treatment of slavery, the slave trade, and the rights of slaves and slave owners. Until 1807 there was virtually no legislative intervention in relation to slavery, and accordingly the common law had something of a "free hand" to develop, untrammeled by the "paralysing hand of the Parliamentary draftsmen".

Some groups assert slavery was not recognised as lawful, often on the basis of pronouncements such as those attributed to Lord Mansfield, that "the air of England is too pure for any slave to breathe."

Read more about Slavery At Common Law:  Early Common Law, Cartwright's Case, African Slave Trade and The Common Law, Shanley V Harvey, R V Stapylton, James Somersett's Case, Joseph Knight's Case, R V Hodge, Subsequent Legislation, See Also

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