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<== Previous message       Back to index       Next message ==>
Sender:
Allan Axelrod
Date:
Tue, 18 Jul 2000 12:25:34 -0400
Re:
Questions on Prof. Birks' "Equity, Conscience, and Unjust Enrichment"

 

Gordon Goldberg wrote:

Was it just the white folks? According to my fading memories both of "The Thousand and One Nights' Entertainment" and of what I was taught of the history of the slave trade in the 18th and 19th centuries, it was okay also with the black peoples and the Arabs. Cf. 15 Enc. Brit. (15th edn, Chicago 1988) 132.3b.

-----Original Message-----
From: Allan AXELROD

original title in slaves was generated by discovery plus consent---

it was okay with the other white folks

=================

i don't know that the Arab and black slave-dealers dressed their forceable possessions with the language of the common law, as contrasted with the agriculuralist slave-buyers in british north america for whose demands the slaves were captured and transported

their titles to first generation slaves were acquired by purchase, and to succeeding generations by the law of increase

the titles lasted as long as the relevant political community consented to what has been called a 'peculiar institution' ---- one which is revealing on the connections between lawyers' property law and the social context


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