Цитата:
Сообщение от Baroque
в Англии при этом рабство существовало пускай и не было закреплено законодательно.
|
Вот да, у меня такое же понимание:
Slavery at common law in the British Empire developed slowly over centuries, and was characterised by inconsistent decisions and varying rationales for the treatment of slavery, the slave trade, and the rights of slaves and slave owners
. Unlike in its colonies, within the home islands of Britain, until 1807, except for statutes facilitating and taxing the international slave trade, there was virtually no legislative intervention in relation to slaves as property, and accordingly the common law had something of a "free hand" to develop, untrammelled by the "paralysing hand of the Parliamentary draftsmen".[1][a]
Two attempts to pass a slave code via Parliament itself both failed, one in the 1660s and the other in 1674.[2]
Some scholars assert slavery was not recognised as lawful,[3] often on the basis of pronouncements such as those attributed to Lord Mansfield, that "the air of England is too pure for any slave to breathe".[b] However the true legal position has been both complex and contested.
In the 17th and 18th centuries, some African slaves were openly held, bought, sold, and searched for when escaping within Britain.[4]
А с США что, там история гораздо более простая. У меня к английскому common law академический интерес есть.
