Gelobter on Codified Chains: The Role of Louisiana’s Civil Code and Supreme Court in Regulating Slavery
Evan Matthew Gelobter, Southern University Law Center, has published Codified Chains: The Role of Louisiana’s Civil Code and Supreme Court in Regulating Slavery. Here is the abstract.
The Article “Codified Chains: The Role of Louisiana’s Civil Code and Supreme Court in Regulating Slavery” meticulously examines the intricate legal frameworks and judicial interpretations that sustained the institution of slavery in Louisiana. Anchored in the Louisiana Civil Code of 1825, the paper elucidates how legislative and judicial mechanisms codified the status of slaves as property, devoid of personal rights and entirely subjugated to their masters’ will. The analysis delves into key areas such as the absolute authority of masters, the restricted capacity of slaves to engage in contracts, and the limited legal recourse available to them. It highlights the Civil Code’s provisions on cruelty, demonstrating that the legal system’s primary concern was not the welfare of slaves but the economic interests of their owners. Through detailed case studies the Article reveals how the Louisiana Supreme Court consistently upheld the masters’ dominion, often extending this power to other white individuals. The paper also explores the stringent requirements for emancipation and the pervasive barriers slaves faced in their pursuit of freedom, particularly following the 1857 legislative ban on emancipation. Additionally, it scrutinizes the treatment of slave marriages, possessions, and civil actions, underscoring the systemic efforts to deny slaves any semblance of legal agency.
This comprehensive examination provides a critical understanding of the socio-legal structures that perpetuated slavery in Louisiana, offering valuable insights into the judicial philosophies and legislative intents that underpinned this oppressive system. By presenting a thorough analysis of the Civil Code and Supreme Court decisions, the Article contributes significantly to the historiography of American slavery, revealing the deeply entrenched legal foundations that supported and regulated the lives of the enslaved in Louisiana.
Download the article from SSRN at the link.