Iraqi constitution, Islamic law, human slavery, etc.

[Paul Finkelman]

I have an article in Yale Journal of Law and Humanities [The Founders 
and Slavery: Little Ventured, Little Gained, 13 Yale J. L.& Humanities 
413-449 (2001).] where I argue that separate nations might have led to a 
speedier end to slavery.  With  no fugitive slave  clause the upper 
South could not have maintained the institution for very long, forcing 
slaves further South and weakening slavery in the upper South to the 
point where VA, KY, and Md might have seceded from the SOuth and joined 
a northern US, putting further pressure on slavery in Tenn and NC and 
eventually leading to huge slave majorities in the deep south and then 
perhaps to massive revolts.  Thus, I think Doug's point is not so clear; 
separate nations might have led to a speedier end to slavery.  That was 
the Garrisonian position.

I think Mark slightly overstates US and international trade; US did not 
interfer with Britain except with regard to Amerian flag ships; 
otherwise the US cooperated although weakly because we never funded the 
Africa squadron enough.

Mark Graber wrote:

> But,of course, that powerful government also spread slavery to the 
> southwest, interfered with English efforts to abolish the 
> international slave trade, and, almost spread slavery to Central 
> America.  My sense of the universe is that almost every assumption 
> that framers made about the future of slavery and slavery politics was 
> wrong.  Probably best to say that do no merit much of the blame or 
> credit attributed to them and remember a) that the slaves were freed 
> because the north won the war, b) that there is not reason to think 
> good guys inevitably win wars, and c) once the shooting stars in most 
> wars, predictive capacities weaken considerably.
>  
> Mark A. Graber
>
> >>> "Douglas Laycock" <DLaycock at law.utexas.edu> 8/4/2005 1:19:44 PM >>>
> Sandy is fond of questioning whether the Constitution was worth the
> continuation of slavery, but that was not the choice.  The choice was
> between a unified government that protected slavery, or a separate
> government or governments in the south thath proteted slavery.  Had that
> course been chosen, there is no reason to think that slavery would have
> ended by 1865.  The north had neither the will nor the power to end
> slavery in 1787.  Acquiring the will required political and moral change
> and perhaps economic change; acquiring the power required a national
> government.
>
>
> Douglas Laycock
> University of Texas Law School
> 727 E. Dean Keeton St.
> Austin, TX  78705
>    512-232-1341 (phone)
>    512-471-6988 (fax)
>
> -
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-- 
Paul Finkelman
Chapman Distinguished Professor of Law
University of Tulsa College of Law
3120 East 4th Place
Tulsa, OK  74105

918-631-3706 (voice)		
918-631-2194 (fax)

Paul-Finkelman at utulsa.edu


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