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30 September 2020 / Satvinder S Juss
Issue: 7904 / Categories: Opinion , Constitutional law , Equality , Diversity , Human rights
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How the law came to support slavery

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Satvinder Juss investigates the shocking legal justifications that were used to excuse slavery

In the aftermath of the toppling of the slaver Edward Colston’s statue in Bristol, we saw the ambivalence of those who applauded this as a pivotal moment in understanding the wealth of our cities and those who saw it as violation of a historic heritage. The ensuing controversy, however, obscured the ambivalence of the law, which is yet to be fully investigated in this much overlooked period of our history. The five men who, on 7 June 2020, allegedly unseated the statute from its plinth during a Black Lives Matter demonstration, and rolled it into Bristol harbour, are set to acquire unexpected fame. This is because they have been given cautions on the condition they give evidence to the Mayor of Bristol’s History Commission.

Cartwrights Case in 1569 was the first recorded case of a slave before the English courts, and concerned a slave from Russia. The court famously ruled that the

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NEWS
The Law Society RFC Festival of Sport returns next month, bringing together legal and financial services professionals for one of the sector’s largest annual sporting events
Legal aid deserts leave almost one in four without adequate access to justice
The Solicitors Regulation Authority (SRA) has warned solicitors and law firms that using artificial intelligence does not alter their professional obligations, amid concerns over inaccurate legal material and client confidentiality
From forgotten interest claims to case-management appeals, a string of procedural developments offers useful—and occasionally cautionary—lessons for practitioners

Jonathan Fisher KC highlights that it now accounts for around 40% of criminal offences, with roughly 70% involving technology, and argues that the UK cannot simply prosecute its way out of the problem. Detection, investigation and prosecution all require improvement, while different fraud types demand tailored responses.

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