The Bondsman's Burden: An Economic Analysis of the Jurisprudence of Slaves and Common Carriers

摘要: Antebellum judges played crucial roles in resolving conflicts between slaveowners and common-carrier owners. Because courts could easily quantify the value of a slave's life, they were quicker to compensate for slaves injured or killed by common carrier than award damages an free person his estate. Yet also had craft rules governing behavior slave property itself. By 1860s, Southern established law that encouraged parties with legal standing act efficiently. Strikingly, tort doctrines developed cases foreshadowed evolution accident victims. W ithin antebellum institutions business, property, persons, both? This question has engaged attention modern economic scholars as it did citizens. Pre-Civil War proceedings offer particularly fruitful discussions dual nature. From beginnings statehood until 1875, state federal appellate-court reporters 15 states District Columbia record about 11,000 opinions involving controversies over American slaves. ' Although plantation governed at home, not solve many outside world. Nor statutes adequate task. Instead, Southerners often turned resolve their disputes human property.2