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The Courts and Slavery in the United States: Property Rights and Credible Commitments

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dc.contributor.author Drobak, John N.
dc.date.accessioned 2010-06-21T19:59:46Z
dc.date.available 2010-06-21T19:59:46Z
dc.date.issued 1992 en_US
dc.identifier.uri https://hdl.handle.net/10535/5878
dc.description.abstract "Recent literature has examined the role of Congress in creating a credible commitment to the institution of slavery in the antebellum United States. This paper explains the contributions of the courts to that commitment. The paper first shows the disparity in the rulings between the state courts in the North and South in cases concerning the freedom of nonresident slaves. Then the paper examines the attempts by the federal courts to strengthen the national commitment to slavery and mitigate the anti-slavery conduct of the North. The paper concludes by showing the futility of the decision in Dred Scott, an opinion that failed in its attempt to reinforce the federal government's commitment to slavery because the courts could not overcome the decades of increasing hostility to slavery. Not only did the Supreme Court in Dred Scott fail to placate the South, the Court exacerbated the tension between the North and South and helped move the country even closer to civil war. The episode described in this paper illustrates how sometimes a government institution can no longer make a formal commitment credible when the public has renounced that commitment." en_US
dc.language English en_US
dc.relation.ispartofseries Political Economy Working Paper, no. 171 en_US
dc.subject property rights en_US
dc.subject slavery--history en_US
dc.subject courts--history en_US
dc.title The Courts and Slavery in the United States: Property Rights and Credible Commitments en_US
dc.type Working Paper en_US
dc.type.methodology Case Study en_US
dc.publisher.workingpaperseries School of Buisness and Center in Political Economy, Washington University in St. Louis, St. Louis, MO en_US
dc.coverage.region North America en_US
dc.coverage.country United States en_US
dc.subject.sector History en_US
dc.subject.sector Social Organization en_US


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