Advertisement

© 2020

Liberty, Slavery and the Law in Early Modern Western Europe

Omnes Homines aut Liberi Sunt aut Servi

Book

Part of the Studies in the History of Law and Justice book series (SHLJ, volume 17)

About this book

Introduction

This book investigates the legal evolution of the “free soil principle” in England, France and the Low Countries during the Early Modern period (ca. 1500–1800), which essentially stated that, as soon as slaves entered a certain country, they would immediately gain their freedom. This book synthesizes the existing literature on the origins and evolution of the principle, adds new insights by drawing on previously undiscussed primary sources on the development of free soil in the Low Countries and employs a pan-Western, European and comparative approach to identify and explain the differences and similarities in the application of this principle in France, England and the Low Countries.
 
Divided into four sections, the book begins with a brief introduction to the subject matter, putting it in its historical context. Slavery is legally defined, using the established international law definition, and both the status of slavery in Europe before the Early Modern Period and the Atlantic slave trade are discussed. Secondly, the book assesses the legal origins of the free soil principle in England, France and the Low Countries during the period 1500–1650 and discusses the legal repercussions of slaves coming to England, France and the Low Countries from other countries, where the institution was legally recognized. Thirdly, it addresses the further development of the free soil principle during the period 1650–1800. In the fourth and last section, the book uses the insights gained to provide a pan-Western, European and comparative perspective on the origins and application of the free soil principle in Western Europe. In this regard, it compares the origins of free soil for the respective countries discussed, as well as its application during the heyday of the Atlantic slave trade. This perspective makes it possible to explain some of the divergences in approaches between the countries examined and represents the first-ever full-scale country comparison on this subject in a book.

Keywords

Slavery and Law Slavery and Freedom Free Soil Principle Freedom Principle Somerset’s Case Slavery in England Slavery in France Slavery in the Netherlands Slavery 18th Century Colonial Slavery

Authors and affiliations

  1. 1.Ghent UniversityGhentBelgium

About the authors

Filip Batselé is a law graduate with degrees from Ghent University (LL.B., LL.M.) and The Fletcher School of Law and Diplomacy at Tufts University (LL.M.). He currently works at Ghent University’s Institute for Legal History, where he is conducting PhD research on the history of international law. He is also affiliated with the research group “Contextual Research in Law” (CORE) at the Free University of Brussels.

Bibliographic information

  • Book Title Liberty, Slavery and the Law in Early Modern Western Europe
  • Book Subtitle Omnes Homines aut Liberi Sunt aut Servi
  • Authors Filip Batselé
  • Series Title Studies in the History of Law and Justice
  • Series Abbreviated Title Stud. in History of Law, Justice
  • DOI https://doi.org/10.1007/978-3-030-36855-5
  • Copyright Information Springer Nature Switzerland AG 2020
  • Publisher Name Springer, Cham
  • eBook Packages Law and Criminology Law and Criminology (R0)
  • Hardcover ISBN 978-3-030-36854-8
  • Softcover ISBN 978-3-030-36857-9
  • eBook ISBN 978-3-030-36855-5
  • Series ISSN 2198-9842
  • Series E-ISSN 2198-9850
  • Edition Number 1
  • Number of Pages XIV, 223
  • Number of Illustrations 0 b/w illustrations, 0 illustrations in colour
  • Topics Theories of Law, Philosophy of Law, Legal History
    Legal History
    European History
  • Buy this book on publisher's site
Industry Sectors
Law