header-logo header-logo

30 September 2020 / Satvinder S Juss
Issue: 7904 / Categories: Opinion , Constitutional law , Equality , Diversity , Human rights
printer mail-detail

How the law came to support slavery

28456
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

If you are not a subscriber, subscribe now to read this content
If you are already a subscriber sign in
...or Register for two weeks' free access to subscriber content

MOVERS & SHAKERS

Thackray Williams—Lucy Zhu

Thackray Williams—Lucy Zhu

Dual-qualified partner joins as head of commercial property department

Morgan Lewis—David A. McManus

Morgan Lewis—David A. McManus

Firm announces appointment of next chair

Burges Salmon—Rebecca Wilsker

Burges Salmon—Rebecca Wilsker

Director joins corporate team from the US

NEWS
What safeguards apply when trust corporations are appointed as deputy by the Court of Protection? 
Disputing parties are expected to take part in alternative dispute resolution (ADR), where this is suitable for their case. At what point, however, does refusing to participate cross the threshold of ‘unreasonable’ and attract adverse costs consequences?
When it comes to free legal advice, demand massively outweighs supply. 'Millions of people are excluded from access to justice as they don’t have anywhere to turn for free advice—or don’t know that they can ask for help,' Bhavini Bhatt, development director at the Access to Justice Foundation, writes in this week's NLJ
When an ex-couple is deciding who gets what in the divorce or civil partnership dissolution, when is it appropriate for a third party to intervene? David Burrows, NLJ columnist and solicitor advocate, considers this thorny issue in this week’s NLJ
NLJ's latest Charities Appeals Supplement has been published in this week’s issue
back-to-top-scroll