Professional Documents
Culture Documents
status is not concerned, it is used to denote anyone. There was no property qualification, nor does the term
appear to be racial.
It is most difficult to characterize the mushkenu exactly. The term in time came to mean "a beggar", and
that meaning has passed through Aramaic and Hebrew into many modern languages; but though the Code
does not regard him as necessarily poor, he may have been landless. He was free but had to accept
monetary compensation for corporal injuries, paid smaller fees and fines, and even paid less offerings to
the gods. He inhabited a separate quarter of the city. There is no reason to regard him as specially
connected with the court, as a royal pensioner, nor as forming the bulk of the population.
The ardu was a slave, his master's chattel, and formed a very numerous class. He could acquire property
and even own other slaves. His master clothed and fed him and paid his doctor's fees, but took all
compensation paid for injury done to him. His master usually found him a slave girl for a wife (the
children were then born slaves), often set him up in a house (with farm or business) and simply took an
annual rent of him. Otherwise, he might marry a free woman (the children were then free), who might
bring him a dower that his master could not touch, and at his death, one-half of his property passed to his
master as his heir. He could acquire his freedom by purchase from his master, or might be freed and
dedicated to a temple, or even adopted, when he became an amelu and not a mushkenu. Slaves were
recruited by purchase abroad, from captives taken in war, or by freemen degraded for debt or crime. To
detain or harbour a slave was punishable by death. So was aiding him to escape the city gates. A slave
bore an identification mark, removable only by a surgical operation, that later consisted of his owner's
name tattooed or branded on the arm.
Ancient Egypt (3150 - 332 BC)
The head of the legal system was officially the pharaoh, who was responsible for enacting laws,
delivering justice, and maintaining law and order, a concept the ancient Egyptians referred to as Ma'at.
Although no legal codes from ancient Egypt survive, court documents show that Egyptian law was
based on a common-sense view of right and wrong that emphasized reaching agreements and resolving
conflicts rather than strictly adhering to a complicated set of statutes. Local councils of elders, known as
Kenbet in the New Kingdom, were responsible for ruling in court cases involving small claims and minor
disputes. More serious cases involving murder, major land transactions, and tomb robbery were referred
to the Great Kenbet, over which the vizier or pharaoh presided. Plaintiffs and defendants were expected to
represent themselves and were required to swear an oath that they had told the truth. In some cases, the
state took on both the role of prosecutor and judge, and it could torture the accused with beatings to obtain
a confession and the names of any co-conspirators. Whether the charges were trivial or serious, court
scribes documented the complaint, testimony, and verdict of the case for future reference.
Punishment for minor crimes involved either imposition of fines, beatings, facial mutilation, or exile,
depending on the severity of the offense. Serious crimes such as murder and tomb robbery were punished
by execution, carried out by decapitation, drowning, or impaling the criminal on a stake. Punishment
could also be extended to the criminal's family. Beginning in the New Kingdom, oracles played a major
role in the legal system, dispensing justice in both civil and criminal cases. The procedure was to ask the
god a "yes" or "no" question concerning the right or wrong of an issue. The god, carried by a number of
priests, rendered judgment by choosing one or the other, moving forward or backward, or pointing to one
of the answers written on a piece of papyrus or an ostracon.
Slaves were mainly obtained through prisoners of war. Other ways people could become slaves was by
inheriting the status from their parents. One could also become a slave on account of his inability to pay
his debts. Slavery was the direct result of poverty. People also sold themselves into slavery because they
were poor peasants and needed food and shelter. The lives of slaves were normally better than that of
peasants. Slaves only attempted escape when their treatment was unusually harsh. For many, being a
slave in Egypt made them better off than a freeman elsewhere. Slaves had rights to protect them. Young
slaves could not be put to hard work, and had to be brought up by the mistress of the household. Not all
slaves went to houses. Some also sold themselves to temples, or were assigned to temples by the king.
Slave trading was not very popular until later in Ancient Egypt. Afterwards, slave trades sprang up all
over Egypt. However, there was barely any worldwide trade. Rather, individual dealers seem to have
approached their customers personally. Only slaves with special traits were traded worldwide. Prices of
slaves changed with time. Slaves with a special skill were more valuable than those without one. Slaves
had plenty of jobs that they could be assigned to. Some had domestic jobs, like taking care of children,
cooking, brewing, or cleaning. Some were gardeners of field hands in stables. They could be craftsmen or
even get a higher status, for example, if they could write, they could become a manager of the masters
estate. Captive slaves were mostly assigned to the temples or king, and they had to do manual labor. The
worst thing that could happen to a slave was being assigned to the quarries and mines. Private ownership
of slaves, captured in war and given by the king to their captor, certainly occurred at the beginning of the
Eighteenth Dynasty (15501295 BCE). Sales of slaves occurred in the Twenty-fifth Dynasty (732656
BCE), and contracts of servitude survive from the Twenty-sixth Dynasty (c. 672 525 BCE) and from the
reign of Darius: apparently such a contract then required the consent of the slave.
Ancient Greece (800 BC - 500 AD)
No systematic collection of Greek laws has come down to us. Our knowledge of some of the earliest
notions of the subject is derived from the Homeric poems. For the details of Attic law we have to depend
on ex parte statements in the speeches of the Attic orators, and we are sometimes able to check those
statements by the trustworthy, but often imperfect, aid of inscriptions. Incidental illustrations of the laws
of Athens may be found in the Laws of Plato, who deals with the theory of the subject without exercising
any influence on actual practice. The Laws of Plato are criticized in the Politics of Aristotle, who, besides
discussing laws in their relation to constitutions, reviews the work of certain early Greek lawgivers. The
treatise on the Constitution of Athens includes an account of the jurisdiction of the various public officials
and of the machinery of the law courts, and thus enables us to dispense with the second-hand testimony of
grammarians and scholiasts who derived their information from that treatise (see Constitution of Athens).
The works of Theophrastus On the Laws, which included a recapitulation of the laws of various barbaric
as well as Grecian states, are now represented by only a few fragments
Both the leading states of Greece - Sparta and Athens - depend entirely upon forced labour, though the
system in Sparta is more properly described as serfdom rather than slavery. The distinction is that the
helots of Sparta are a conquered people, living on their own hereditary land but forced to work it for their
Spartan masters. Their existence is a traditional rural one to which certain rights remain attached. The
slaves of Athens, by contrast, have no conventional rights. But their condition varies greatly according to
the work they do.
The most unfortunate Athenian slaves are the miners, who are driven often to the point of death by their
owners (the mines are state-owned but are leased to private managers). By contrast other categories of
slaves - particularly those owned directly by the state, such as the 300 Scythian archers who provide the
police force of Athens - can acquire a certain prestige. The majority of Athenian slaves are domestic
servants. Their fortune depends entirely on the relationship they develop with their owners. Often it is
close, with female slaves looking after the children or acting as concubines, or a male slave running the
household as a steward. No free Athenian works in a domestic capacity, for it is considered shameful to
be another man's servant. This inhibition applies equally to a subsidiary position in any form of business.
As a result male slaves in Athens do all work of a secretarial or managerial nature, for in these contexts
they are unmistakably somebody else's personal assistant. Such jobs include positions of influence in
fields such as banking and commerce.
Nature even provides a new collection point for this human cargo. The volcanic Cape Verde Islands, with
their rocky and forbidding coastlines, are uninhabited. But they contain lush tropical valleys. And they are
well placed on the sea routes between West Africa, Europe and America. Portuguese settlers move into
the Cape Verde islands in about 1460. In 1466 they are given an economic advantage which guarantees
their prosperity. They are granted a monopoly of a new slave trade. On the coast of Guinea the Portuguese
are now setting up trading stations to buy captive Africans. Some of these slaves are used to work the
settlers' estates in the Cape Verde islands. Others are sent north for sale in Madeira, or in Portugal and
Spain - where Seville now becomes an important market. Africans have been imported by this sea route
into Europe since at least 1444, when one of Henry the Navigator's expeditions returns with slaves
exchanged for Moorish prisoners.
The labour of the slaves in the Cape Verde Islands primes a profitable trade with the African region which
becomes known as Portuguese Guinea or the Slave Coast. The slaves work in the Cape Verde plantations,
growing cotton and indigo in the fertile valleys. They are also employed in weaving and dying factories,
where these commodities are transformed into cloth. The cloth is exchanged in Guinea for slaves. And
the slaves are sold for cash to the slaving ships which pay regular visits to the Cape Verde Islands.
This African trade, together with the prosperity of the Cape Verde Islands, expands greatly with the
development of labour-intensive plantations growing sugar, cotton and tobacco in the Caribbean and
America. The Portuguese enforce a monopoly of the transport of African slaves to their own colony of
Brazil. But other nations with transatlantic interests soon become the main visitors to the Slave Coast.
First Slaves in US (1619)
Although they knew about Spanish and Portuguese slave trading, the British did not conceive of using
slave labor in the Americas until the 17th century. British travelers were fascinated by the dark-skinned
people they found in West Africa, and sought to create mythologies that situated these new human beings
in their view of the cosmos.
The first Africans to arrive in England came voluntarily with John Lok (an ancestor of the famous
philosopher John Locke) in 1555. Lok intended to teach them English in order to facilitate trading of
material goods. This model gave way to a slave trade initiated by John Hawkins, who captured 300
Africans and sold them to the Spanish. Blacks in England were subordinate but did not have the legal
status of chattel slaves. In 1607, England established Jamestown as its first permanent colony on the
North American continent. Tobacco became the chief crop of the colony, due to the efforts of John Rolfe
in 1611. Once it became clear that tobacco was going to drive the Jamestown colony, more labor was
needed. The British aristocracy needed to find a labor force to work on its plantations in the Americas.
The major possibilities were indentured servants from Britain, native Americans, and West Africans.
Towards indigenous Americans, the English entertained two lines of thought simultaneously. Because
these people were lighter skinned, they were seen as more European and therefore as candidates for
civilization. At the same time, because they were occupying the land desired by the colonial powers, they
were from the beginning, targets of a potential military campaign.
At first, indentured servants were used as the needed labor. These servants provided up to seven years of
service in exchange for having their trip to Jamestown paid for by someone in Jamestown. Once the seven
years was over, the indentured servant was free to live in Jamestown as a regular citizen. However,
colonists began to see indentured servants as too costly, and in 1619, Dutch traders brought the first
African slaves to Jamestown.
Article Four
Outlines the relationship between each state and the others, as well as between the several States and the
federal government.
Article Five
Describes the process whereby the Constitution may be altered. Altering the Constitution consists of
proposing an amendment or amendments and subsequent ratification.
Article Six
Establishes the laws and treaties of the United States made in accordance with it as the supreme law of the
land, forbids a religious test as a requirement for holding a governmental position and holds the United
States under the Constitution responsible for debts incurred by the United States under the Articles of
Confederation.
Article Seven
Sets the number of state ratifications necessary in order for the Constitution to take effect and prescribes
the method through which the states may ratify it.
Several distinction made between free persons and "other persons" which are as follows:
"Representatives and direct Taxes shall be apportioned among the several States which may be
included within this Union, according to their respective Numbers, which shall be determined by
adding to the whole Number of free Persons, including those bound to Service for a Term of
Years, and excluding Indians not taxed, three fifths of all other Persons".
[slave wealth producing ability]
"No Person held to Service or Labour in one State, under the Laws thereof, escaping into another,
shall, in Consequence of any Law or Regulation therein, be discharged from such Service or
Labour, But shall be delivered up on Claim of the Party to whom such Service or Labour may be
due".
The Fugitive Slave Clause, also called the Fugitives From Labor Clause is the provision in Article
Four of the United States Constitution, Section 2, Clause 3, that required a slave who flees to
another state to be returned to the owner in the state from which they escaped.
This Amendment transferred the rights of the 'slave' from individual slave owner to the Federal
Government.
U.S. v. Anthony (1873)
The term resident and citizen of the United States is distinguished from a Citizen of one of the several
states, in that the former is a special class of citizen CREATED by Congress. Even if 14th amendment
properly ratified, blacks would come under this definition of citizen unless not subject to jurisdiction. A
Citiizen of a State, under Article IV, Section 2, Clause 1 of the Constitution is a citizen of the Union
(States). A citizen of the United States, under Section 1, Clause 1 of the 14th Amendment, is a citizen of
the District of Columbia, and the territories and possessions of the United States, as well as the federal
enclaves within the several States.
Civil Rights Act (1875)
This Act sometimes called Enforcement Act or Force Act, guaranteed African Americans equal treatment
in public accommodations, public transportation, and prohibited exclusion from jury service. The
Supreme Court decided the act was unconstitutional in 1883.
Plessy v. Ferguson (1896)
In Plessy v. Ferguson, the Supreme Court upheld a Louisiana law requiring restaurants, hotels, hospitals,
and other public places to serve African Americans in separate, but ostensibly equal, accommodations. In
establishing the separate but equal" doctrine, the Court said that segregation is "universally recognized as
within the competency of states in the exercise of their police powers."
Civil Rights Act (1964)
This Act outlawed discrimination based on race, color, religion, sex, or national origin. It ended unequal
application of voter registration requirements and racial segregation in schools, at the workplace and by
facilities that served the general public (known as "public accommodations").
Title I
Barred unequal application of voter registration requirements.
Title II
Outlawed discrimination based on race, color, religion or national origin in hotels, motels, restaurants,
theaters, and all other public accommodations engaged in interstate commerce; exempted private clubs
without defining the term "private".
Title III
Prohibited state and municipal governments from denying access to public facilities on grounds of race,
color, religion or national origin.
Title IV
Encouraged the desegregation of public schools and authorized the U.S. Attorney General to file suits to
enforce said act.
Title V
Expanded the Civil Rights Commission established by the earlier Civil Rights Act of 1957 with additional
powers, rules and procedures.
Title VI
Prevents discrimination by government agencies that receive federal funds. If an agency is found in
violation of Title VI, that agency may lose its federal funding.
Title VII
This Title, codified as Subchapter VI of Chapter 21 of title 42 of the United States Code, prohibits
discrimination by covered employers on the basis of race, color, religion, sex or national origin (see 42
U.S.C. 2000e-2). Title VII applies to and covers an employer "who has fifteen (15) or more employees
for each working day in each of twenty or more calendar weeks in the current or preceding calendar year"
as written in the Definitions section under 42 U.S.C. 2000e(b). Title VII also prohibits discrimination
against an individual because of his or her association with another individual of a particular race, color,
religion, sex, or national origin, such as by an interracial marriage. Title VII has been supplemented with
legislation prohibiting pregnancy, age, and disability discrimination.
Title VIII
Required compilation of voter-registration and voting data in geographic areas specified by the
Commission on Civil Rights. Also includes the Fair Housing Act, which is a law that stops discrimination
in sale or rental of property.
Title IX
Title IX made it easier to move civil rights cases from state courts with segregationist judges and allwhite juries to federal court. This was of crucial importance to civil rights activists who could not get a
fair trial in state courts. Title IX of the Civil Rights Act of 1964 should not be confused with Title IX of
the Education Amendments Act of 1972, which prohibits sex discrimination in federally funded education
programs and activities.
Title X
Established the Community Relations Service, tasked with assisting in community disputes involving
claims of discrimination.
Title XI
Title XI gives a defendant accused of certain categories of criminal contempt in a matter arising under
title II, III, IV, V, VI, or VII of the Act the right to a jury trial. If convicted, the defendant can be fined an
amount not to exceed $1,000 or imprisoned for not more than six months.
Civil rights include those rights guaranteed by the Bill of Rights (first 10 amendments), the 13th and 14th
Amendments to the Constitution.
Heart of Atlanta Motel Inc. v. US (1964)
A Supreme Court case holding that the U.S. Congress could use the power granted to it by the
Constitution's commerce clause to force private businesses to abide by the Civil Rights Act of 1964.
Having observed that 75% of the Heart of Atlanta Motel's clientele came from out-of-state, and that it was
strategically located near Interstates 75 and 85 as well as two major Georgia highways, the Court found
that the business clearly affected interstate commerce. So, the basis (in part) of the Civil Rights Act(s)
is found in the obstruction of interstate commerce due to lack of black folks spending money at
various establishments/businesses.
Voting Rights Act (1965)
This Act prohibits discrimination in voting. The Act establishes extensive federal oversight over
elections. Echoing the language of the 15th Amendment, Section 2 of the Act generally prohibits any state
or local government from imposing any voting law that results in discrimination against racial or
language minorities. Additionally, the Act specifically outlaws literacy tests and similar devices that were
historically used to disfranchise racial minorities. According to the U.S. Department of Justice website,
the Voting Rights Act of 1965 will expire in the 2031. The bill, and more specifically the sections that put
forth who is covered, originally expired in 1982. The provisions received a 25-year extension and another
extension in 2006.
The Act also contains "special provisions" that apply to only certain jurisdictions. A core special
provision is the Section 5 preclearance requirement, which prohibits certain jurisdictions from
implementing any change affecting voting without first obtaining approval from the U.S. Attorney
General or the U.S. District Court for D.C. that the change does not discriminate against protected
minorities. Another special provision requires jurisdictions containing significant language minority
populations to provide bilingual ballots and other election materials.
Section 5 and most other special provisions apply to jurisdictions encompassed by the "coverage formula"
prescribed in Section 4(b). The coverage formula was originally designed to encompass jurisdictions that
engaged in the most egregious voting discrimination in 1965, and Congress updated the formula in 1970
and 1975. However, in Shelby County v. Holder (2013), the U.S. Supreme Court struck down the
coverage formula as unconstitutional, reasoning that it was no longer responsive to current conditions.
The Court did not strike down Section 5, but without Section 4(b), no jurisdiction may be subject to
Section 5 preclearance unless Congress enacts a new coverage formula.