This book addresses historical issues of colonialism and race, which influenced the formation of multicultural society in Mauritius. During the 19th century, Mauritius was Britain’s prime sugar-producing colony, yet, unlike the West Indies, its history has remained significantly under-researched. The modern demographic of multi-ethnic Mauritius is unusual as, in the absence of an indigenous people, descendants of colonists, slaves and indentured labourers constitute the majority of the island’s population today. Thus, it may be said that the Mauritian nation was "assembled" during the period in question. This work draws on an in-depth examination of the two labour systems through which the island came to be populated: slavery and indenture. In studying the relevant laws, four legal events of historical importance within the context of these two labour systems are identified: the abolition of the slave trade, the abolition of slavery, private indentured labour migration and state-regulated indenture. This book is notable in that it presents a legal analysis of core historical events, thus straddling the line between two disciplines, and covers both slavery and indentured labour in Mauritian history. Mauritius, as an originally uninhabited island, presents a rare case study for inquiries into colonial legacies, multiculturalism and race consciousness. The book will be a valuable resource to scholars worldwide in the fields of slavery, indenture and the legal apparatus of forced labour.

This book examines how slavery is understood in law. It shows how the legal definition of slavery has evolved and continues to be contentious. It traces the understanding of slavery from Roman law through the Middle Ages, the 18th and 19th centuries, up to the modern day manifestations, including forced labour and trafficking in persons.

In The Briny South Nienke Boer examines the legal and literary narratives of enslaved, indentured, and imprisoned individuals crossing the Indian Ocean to analyze the formation of racialized identities in the imperial world. Drawing on court records, ledgers, pamphlets, censors’ reports, newsletters, folk songs, memoirs, and South African and South Asian works of fiction and autobiography, Boer theorizes the role of sentiment and the depiction of emotions in the construction of identities of displaced peoples across the Indian Ocean. From Dutch East India Company rule in the seventeenth and eighteenth centuries to early apartheid South Africa, Boer shows how colonial powers and settler states mediated and manipulated subaltern expressions of emotion as a way to silence racialized subjects and portray them as inarticulately suffering. In this way, sentiment operated in favor of the powerful rather than as an oppositional weapon of the subaltern. By tracing the entwinement of displacement, race, and sentiment, Boer frames the Indian Ocean as a site of subjectification with a long history of transnational connection—and exploitation.

The punitive effects of accusations that lead to criminalization have received considerable attention. Less well documented is the actual role, process, and meaning of accusation per se. This collection of essays sets out the terms of a new debate about a largely overlooked but foundational dimension of criminalizing justice; namely, accusation. Criminal accusation, however, does more than define the outer borders of criminal justice institutions. It is directly implicated in providing a steady flow of potential criminals who are fed into expanding criminal justice arenas. Despite the basic politics through which legal persons are selected to face possible criminalization, there are few analyses directed at how accusation works in theoretical, historical, criminological, social, cultural, and procedural realms. By highlighting the constitutive role of criminal accusation on individuals, the judicial system, and society as a whole, this book establishes an important new field of inquiry.

An analysis of slave and slaveholder understanding and manipulation of formal legal systems in the region known as the American Confluence during the antebellum era.

In Slavery and the Founders, Paul Finkelman addresses a central issue of the American founding: how the first generation of leaders of the United States dealt with the profoundly important question of human bondage. The book explores the tension between the professed idea of America as stated in the Declaration of Independence, and the reality of the early American republic, reminding us of the profound and disturbing ways that slavery affected the U.S. Constitution and early American politics. It also offers the most important and detailed short critique of Thomas Jefferson's relationship to slavery available, while at the same time contrasting his relationship to slavery with that of other founders. This third edition of Slavery and the Founders incorporates a new chapter on the regulation and eventual (1808) banning of the African slave trade.

Part II of the Marian Publication series, "The Conflict Between the North and the South." The issue of slavery is examined from a Catholic perspective of authority and servitude, and how both are misunderstood in this post-Enlightenment age. What were the origins of slavery in America? Were only blacks enslaved? Were whites the only slave holders? Who primarily financed and ran the slave trade from America? Did all, or most, slaves despise their masters? Are all forms of slavery intrinsically evil? Author Adam Miller provides a jaw-dropping, eye-opening myth-destroyer concerning slavery in the United States of America. Written from a most unique perspective when it comes to this emotional topic: not neccessarily from a pro-Southern perspective, but from a traditional Catholic historical approach. "The North, the South, and Slavery" was written as a remedy to the numerous distortions, misrepresentations, and out-right falsehoods concerning slavery, the South, and the North's connection with the slave-trade.

This eye-opening volume draws extensively on previously unused sources to chronicle the 1852 Utah territorial legislative session, during which the legislature passed two important statutes: one that legally transformed African American slaves into "servants" but did not pass the condition of servitude on to their children and another that authorized twenty-year indentures for enslaved Native Americans. This Abominable Slavery places these debates within the context of the nation's growing sectional divide and contextualizes the meaning of these laws in the lives of Black enslaved people and Native American indentured servants.

A study of Indian indentured labor in Mauritius, British Guiana, and Trinidad that explores the history of indenture’s normalization. In this book, historian Jonathan Connolly traces the normalization of indenture from its controversial beginnings to its widespread adoption across the British Empire during the nineteenth century. Initially viewed as a covert revival of slavery, indenture caused a scandal in Britain and India. But over time, economic conflict in the colonies altered public perceptions of indenture, now increasingly viewed as a legitimate form of free labor and a means of preserving the promise of abolition. Connolly explains how the large-scale, state-sponsored migration of Indian subjects to work on sugar plantations across Mauritius, British Guiana, and Trinidad transformed both the notion of post-slavery free labor and the political economy of emancipation. Excavating legal and public debates and tracing practical applications of the law, Connolly carefully reconstructs how the categories of free and unfree labor were made and remade to suit the interests of capital and empire, showing that emancipation was not simply a triumphal event but, rather, a deeply contested process. In so doing, he advances an original interpretation of how indenture changed the meaning of “freedom” in a post-abolition world.

In 1914 the British-built and Japanese-owned steamship Komagata Maru left Hong Kong for Vancouver carrying 376 Punjabi migrants. Chartered by railway contractor and purported rubber planter Gurdit Singh, the ship and its passengers were denied entry into Canada and two months later were deported to Calcutta. In Across Oceans of Law Renisa Mawani retells this well-known story of the Komagata Maru. Drawing on "oceans as method"—a mode of thinking and writing that repositions land and sea—Mawani examines the historical and conceptual stakes of situating histories of Indian migration within maritime worlds. Through close readings of the ship, the manifest, the trial, and the anticolonial writings of Singh and others, Mawani argues that the Komagata Maru's landing raised urgent questions regarding the jurisdictional tensions between the common law and admiralty law, and, ultimately, the legal status of the sea. By following the movements of a single ship and bringing oceans into sharper view, Mawani traces British imperial power through racial, temporal, and legal contests and offers a novel method of writing colonial legal history.