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Decades before Canada abolished the death penalty, it removed infanticide from the Criminal Code’s offences punishable by death. In 1948, this form of culpable homicide became punishable by imprisonment up to a maximum of three years. Although this statutory invention has been linked to the post-war rise in the pathologization of women’s violence and tied to legislators’ concerns over jury nullification, its nexus with the death penalty’s abolition has been overlooked. If the prospect of capital punishment did not deter women from killing their newborns, could the death penalty be justified for other forms of culpable homicide? Critics who posed this question about neonaticide wedged open the consideration of other forms of homicide and categories of offenders, undermining long standing certainties over the deterrent potency of capital punishment. Rather than a step in the abolition movement, the amendment merits acknowledgment as a significant move against the death penalty.
The antislavery campaign was in many ways the cradle of the constellation of reform movements and ideologies that are usefully understood as part of a nineteenth-century global reform culture. Chapter 1 surveys the cultural legacy of antislavery among reformers, as it offers a typology of the main motifs and dominant memories. To set the stage for the following chapters, it discusses how abolitionism served both as an organized and as a cultural movement in the US, the UK, France, the Low Countries, and the German states. It argues that though organizational efforts were insignificant compared to the unprecedented scale of popular mobilisation achieved in the Atlantic World, the cultural impact in Continental Europe – divided into a pre- and post-Uncle Tom’s Cabin phase – was lasting and diverse. This impact was twofold: it lay both in the depictions of the institution of slavery that the movement promoted (in a coordinated fashion) and in the way abolitionism itself came to serve as a venerated model.
In the days leading up to Jamaica’s 1865 Morant Bay rebellion, and in a circulated letter written after the initial violence outside the Morant Bay courthouse on October 11, Black Native Baptist deacon Paul Bogle called on other residents of St. Thomas-in-the-East to join him in fighting for the rights of the parish’s Black residents. He framed the events that were unfolding as a race war and urged others to join the cause, “Skin for skin!” Chapter 2 traces the interpretive history of this slogan, drawn from Job 2:4, and shows how it came to be used within the international anti-slavery movement. In using the phrase, Bogle aimed at a Black alliance that would cut across ethnic, religious, and class lines and that would be willing to meet White violence with a violent Black response. Although the rebellion was crushed, Bogle’s vision has lived on, shaping the experience of race in Jamaica today.
On behalf of the Edinburgh Ladies Emancipation Society, Quaker reformer Eliza Wigham drafted a public letter of condolence to Maria Jane, wife of George William Gordon, who had been executed for his alleged involvement in Jamaica’s 1865 Morant Bay rebellion. Wigham applied Matthew 25:40 – “Inasmuch as ye have done it unto one of the least of these my brethren, ye have done it unto me” – to George William Gordon. Chapter 5 shows how this text reflected a central pillar of the logic of the international anti-slavery movement. As deployed in sermons, speeches at public meetings, and argumentative pamphlets and books, including some penned by Wigham, this biblical text encoded a hierarchy that valued White heroism while delegitimizing Black agency in resisting White power. The chapter thus reckons with the fact that in the years and decades after the rebellion Bogle and other Black Jamaicans who died with him were viewed, even by White liberals, as misguided, or even barbarous.
Chapter 1 recounts some of the main events of Jamaica’s 1865 Morant Bay rebellion. Compared to other historical reconstructions, the chapter emphasizes the influence of the end of the American Civil War and debates about Reconstruction on the rebellion and its coverage in the press. The chapter offers a basic narrative framework within which to understand the arguments presented in Chapters 2 through 6.
Having been found guilty of treason, George William Gordon spent his last hour writing to his wife a letter containing personal goodbyes, business notes, and a firm protestation of innocence. Thanks to the newspaper-savviness of his mother-in-law Ann Shanon and his acquaintance Louis Chamerovzow, the letter was published in dozens of papers around the world. It fell like a thunderclap, helping to turn the tide of public opinion against the Jamaica government and the island’s White English governor, Edward John Eyre. Chapter 3 examines Gordon’s use of biblical language in his final letter. Enslaved at birth on the Cherry Garden estate, and rising to become an elected member of the House of Assembly, the island’s highest legislative body, Gordon invoked 2 Timothy 4:17 – “I have fought a good fight” – to present an alternative to Paul Bogle’s vision of a Black alliance prepared to meet White violence with a violent Black response. For Gordon, Black advancement would come only through what he considered legitimate forms of protest, namely political agitation and the shaping of public opinion in newspapers.
Chapter 6 sets the book’s four detailed case studies within broader patterns of public discourse around Jamaica’s 1865 Morant Bay rebellion. Jamaican Jewish newspaper editor Sydney Levien, White American abolitionist Lydia Maria Child, Black American Baptist missionary Samuel Ward, White English Baptist leader Edward Bean Underhill, Black American abolitionist and physician Sarah Parker Remond, and dozens of others this chapter mentions appealed to biblical slogans as they discussed race relations in Jamaica and their implications for the United States. The chapter illustrates the range of opinions expressed and affirms the importance of the Bible to debates about race relations after emancipation.
Modern theory of punishment generally conflates two questions. The first concerns the justification of state punishment, the second the moral–psychological damage that occurs when a person is violated. The first leads to political theory and a legally based account of wrongdoing and punishment. The second considers the moral–psychological nature of violation, grief and reconciliation. Hegel’s early theological writings provide a critical vantage point from which to view law and the dominant liberal theory of punishment, including his own ‘mature’ position as a founder of modern retributivism. Based on a metaphysics of love, he develops there his account of a perpetrator’s guilt and how a victim might deal with violation, finding a common ground in the grief both may feel. This early metaphysical ethics contrasts with the Philosophy of Right’s later rational, retributive, metaphysics of punishment. The chapter considers critically Axel Honneth’s approach and suggests that the early theological writings are worthy of more consideration than they are often given. This early work might be more mature in psychological terms than Hegel’s later legal and political theory, providing the basis for a critique of that theory that is ethically real and institutionally critical. This is a prototypical ERIC critique pointing towards penal abolition.
The Conclusion summarizes the book’s arguments and contextualizes them within broader patterns of public discourse in which Jamaica was conceptualized as especially revealing about race, and in which biblical slogans were used to encode universal claims about race. The conclusion analyzes a speech given by English lawyer and politician Charles Savile Roundell, who had served as secretary to the Royal Commission of Inquiry appointed to investigate Jamaica’s 1865 Morant Bay rebellion. Addressing the Tenth Annual Meeting of the National Association for the Promotion of Social Science, held in Manchester, England, Roundell proposed taking Jamaica as a crucial instance, a term taken from Francis Bacon’s program for a new scientific method. And he cited the Bible as he made claims about how the races could and should relate to one another.
The Introduction frames the book’s argument by analyzing coverage of Jamaica’s 1865 Morant Bay rebellion in the American Missionary (New York), published by the American Missionary Association. The editors invoked Ecclesiastes 7:7, “Surely oppression maketh a wise man mad,” to blame Jamaica’s largely White plantocracy for pushing Black laborers to breaking point. They drew out the implications of this lesson on race for the United States – White Americans who had participated in the system of slavery should not be entrusted with safeguarding the rights of free Black citizens. This book shows how Jamaicans, Britons, and Americans understood Jamaica as a prime example, a test case that shed light on great questions about race and race relations occupying the Atlantic world at the end of the American Civil War. It argues that they used biblical slogans to encode a wide variety of claims about race and race relations. This Introduction relates the book’s argument to work by historians on Jamaica, the British Empire, and abolitionism, on the one hand, and work by biblical and religious studies scholars on the Bible and race, on the other.
Scholars have paid minimal attention to the political and practical objectives that guided Tuskegee Institute’s sociological program and institutional interventions in the nineteenth and twentieth centuries. Leveraging a multi-modal, historical sociological approach grounded in primary and secondary analyses of biographical data, narratives, and archival data, I show that Tuskegee’s institutional interventions illustrate three abolitionist tactics: (1) building consciousness through research dissemination and place-based investment, (2) galvanizing Southern Whites and political elites to abolish lynching locally, and (3) countering the propaganda used to justify lynching to inspire divestment from lynching and carceral punishment. Booker T. Washington’s commitment to eradicating structural racism and resource deprivation in the aftermath of slavery led to Tuskegee Institute’s formation of the first department of applied rural sociology in the United States, and the Negro Farmers’ conference and Movable School interventions supported a comprehensive anti-poverty strategy. Likewise, the research activism of Monroe Work, disseminated via The Negro Year Book and individual publications, sought to galvanize the abolition of lynching and carceral punishment. In the wake of re-emerged visibility of White supremacist terrorism and commitments to practicing Du Boisian sociology across the United States, I argue that reviving the memory of Tuskegee’s institutional practices makes a case for reconsidering the place of abolition in academic sociology in the twenty-first century.
Stephen C. Russell tells the story of the Bible's role in Jamaica's 1865 Morant Bay rebellion and the international debates about race relations then occupying the Atlantic world. With the conclusion of the American Civil War and arguments about reconstruction underway, the Morant Bay rebellion seemed to serve as a cautionary tale about race relations. Through an interdisciplinary lens, the book demonstrates how those participating in the rebellion, and those who discussed it afterward, conceptualized events that transpired in a small town in rural Jamaica as a crucial instance that laid bare universal truths about race that could be applied to America. Russell argues that biblical slogans were used to encode competing claims about race relations. Letters, sermons, newspaper editorials, and legal depositions reveal a world in the grips of racial upheaval as everyone turned their attention to Jamaica. Intimately and accessibly told, the story draws readers into the private and public lives of the rebellion's heroes and villains.
In this paper we identify and discuss three different strategies for taking up intersectionality in the space of European private law, ie, liberal ideal theories of social and private law justice, liberal nonideal theories of reparation, and private law abolition. While we caution for how intersectionality is taken up in the European space of private law, these strategies yield insights about how intersectionality may recast (European) private law’s role as a potential site to advance, or thwart, pursuits of justice. The three strategies imply (potentially radical) shifts in how legal scholars may understand private law justice. We suggest that (European) private law abolition might be the most promising starting point to think intersectionality’s significance for recasting dominant understandings of private law’s relation to (in)justice in the EU context.
Examining the transition from slavery to free labor through the lens of the overseer-state, this chapter clarifies the ascent of labor regulation to a key preoccupation of colonial rule, reveals plantation colonies as sites of experimentation in interventionist governance, and illuminates the evolving relationship between colony and metropole (and different colonies to one another). The analytical framework of the overseer-state also demonstrates how the changing character of colonial labor management entangled British and Continental European modes of imperialism, complicating our historical understanding of the role played by liberal ideology in British imperial governance and political discourse. The overseer-state, concretely and conceptually, bridged the histories of the British Empire and the French, Spanish, and Dutch Empires, revealing how the development of labor control mechanisms in Britain’s plantation colonies remained a European enterprise rather than merely a British one.
This second chapter examines how the employment of local official and judicial venues became a common practice as enslaved African-Caribbeans sought to engage the new rights and resources provided to them. They faced an uphill battle, since the discourse of racial inferiority was programmed into the system. Nonetheless, their actions forced all of those involved to wrestle with the role of the state in regulating slavery, the balance between public order and individual rights, the use of coercion and violence within the new regulatory framework of ameliorated slavery, and competing concepts of morality and justice. These interactions shaped the character of the overseer-state in a multitude of ways, from altering the approaches of local officials to different aspects of plantation life to serving as leverage for antislavery activists in Parliament, and even to prompting internal conflicts over how justice was defined and to what extent, if at all, enslaved Africans were entitled to it.
In this compelling work, Sascha Auerbach offers a bold new historical interpretation of late-stage slavery, its long-term legacies, and its entanglement with the development of the modern state. In the wake of abolition, from the Caribbean to southern Africa to Southeast Asia, a fusion of government authority and private industry replaced the iron chains of slavery with equally powerful fetters of law and regulation. This 'overseer-state' helped move, often through deceptive and coercive methods, millions of Indian and Chinese indentured laborers across Britain's imperial possessions. With a perspective that ranges from Parliament to the plantation, the book brings to light the fascinating and terrifying history of the world's first truly global labor system, those who struggled under its heavy yoke, and the bitter legacies left in its wake.
The 1820s and 1830s have received less attention than the 1840s and 1850s in histories of US abolition. Attending to African American antislavery activism of the 1820s and 1830s reveals that these were transformative decades, particularly regarding the issues of colonization, immediate abolition, and kidnapping. These specific political concerns of an often-overshadowed constituency, African Americans themselves, shaped the literary conventions of slave narratives published in these earlier two decades. Fugitive slave narratives of the 1820s and 1830s feature an active practice of vigilant watchfulness that anticipates and counters the threat of surveillance through sousveillance (watching from below). Sousveillance is thus a specific narrative manifestation of the vigilance urged by black political activists. Later slave narratives, shaped by the priorities of white-dominated institutional abolition, downplay the agency of African American sousveillants in favor of a more passive story of victimization.
This chapter is a brief history of the nineteenth-century efforts to expand voting and other political rights, interspersed with analysis of key literary texts in which the question of voting rights is a palpable concern, even though it is sometimes not overtly addressed. It takes as its starting point an early nineteenth-century shift in ideas about qualifications for suffrage, during which the prerequisite of land ownership was replaced by the qualities of “virtue and intelligence.” While this shift ensured almost universal white male suffrage by the 1840s, it also provided an opening – albeit a problematic one – for white women and some African American men and women to agitate for enfranchisement. This chapter demonstrates that literature from the 1830s until the early twentieth century reflected and often intervened in the conversation about the “nature” of women and black men, and whether or not they were suited for integration into the public sphere and specifically into the political realm through voting. Authors such as Margaret Fuller, Frances Ellen Watkins Harper, and Charles Chesnutt (among many others) represented the women’s suffrage and black suffrage movements in ways designed to change readers’ ideas about the “virtue and intelligence” of the disenfranchised.
In American culture, there is a mix and mismatch of core discourses: religious, Enlightenment, and market economy. Each claims, contributes, and competes for kinds of belonging and national definition, by abstract principles of equality, particular community of religion and nation, and possessive individualism of each one’s own self-interest. Poetry, far from being private reflection or self-referring aesthetic object, is an arena in which each of these discourses encounter each other. Widely circulated in newspapers, magazines, publicly recited, poetry took part in and also refracted, in especially intense and focal ways, the drama, questions, and terms of belonging crucial to, and conflictual in, the unfolding of America. In this chapter, I explore the intercrossing and contention between American discourses of religion, Enlightenment, and individualism in the Abolitionist poetry of Whittier, the poetry of war in Herman Melville and Emily Dickinson, and the poetry of participation in Walt Whitman. In the texts of each, vocabularies, terms, allusion, and critique of American cultural, religious, and political life form complex interchanges, at times through alignment, at times in tense and critical relationship. The poem becomes a field of confrontation, appeal, and address within the context of their writing as voices of culture take on poetic force.