why did colonial lawmakers create strict slave codes in the late 1600s

8/17/2019 Why Did Colonial Lawmakers Create Strict Slave Codes in the Late 1600s

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Why did colonial lawmakers create strict slave codes in the late

1600s?

Lawmakers wanted slaves to be treated fairly

B) Lawmakers feared an uprising because the African population had increased greatly.

C) Lawmakers wanted to prevent importing of even more Africans to America.D) Lawmakers wanted African Americans to be treated the same as indentured servants

E) Lawmakers wanted to pave the road for African slaves to eventually become fee men

through the process of manumission

Lawmakers feared an uprising because the African population had increased

greatly

lave codes in !irginia became tighter and tighter throughout the "#$$s and

race based slavery became hereditary and absoluteAs slavery spread to the English colonies in the late 1600's, strict slave codes

had to be enacted. hese slave code laws helped reg!late the relationship

between slave and owner, prohibited slaves "rom learning to read and write,

re#!ired a slave to be granted permission "rom the owner to leave the

plantation, and did not allow weapon possession amongst slaves. $olonial

a!thorities "eared tro!ble, so they wrote slavecodes. %nder the codes,

enslaved people co!ld not meet in large n!mbers, own weapons, or leave a

plantation witho!t permission. &t also became illegal to teach enslaved A"rican

Americans to read or write.

Slavery in the French Colonies: Le Code

Noir (the Black Code) of 1685

%anuary "&' ($"" by elly Buchanan

*he following is a guest post by +icole Atwill' enior ,oreign Law pecialist.

*he Black Code tells us a very long story that started in !ersailles' at the court of

Louis -!' the un ing' in /arch "#01 and ended in 2aris in April "030 underArago' at the beginning of the ephemeral econd 4epublic. n a few pages' with the

aridity that befits the seriousness of laws' it tells us of the life and death of those who'

in fact' do not have a history. n five do5en articles' it marks the road that was

followed by hundreds of thousands' millions of men' women and children whose

destiny should have been to leave no trace of their passing from birth to death. 6p. 7)

6*ranslation by the author of this post).

*his first paragraph of Le Code Noir ou le calvaire de Canaan 68*he Black Code or the

9rdeal of Canaan:) by Louis ala;/olins perfectly conveys the substance of the Black

Code. first reviewed the Black Code a few years ago when helped a reader. *he Law

Library owns a "73( edition that is part of our 4are Book Collection. did not know much

http://blogs.loc.gov/law/author/kbuc/http://blogs.loc.gov/law/category/guest-post/http://blogs.loc.gov/law/2010/12/introducing-our-guest-bloggers/http://lccn.loc.gov/87145054http://lccn.loc.gov/87150166http://blogs.loc.gov/law/category/guest-post/http://blogs.loc.gov/law/2010/12/introducing-our-guest-bloggers/http://lccn.loc.gov/87145054http://lccn.loc.gov/87150166http://blogs.loc.gov/law/author/kbuc/


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about it and wished to study it when found time < thankfully' this blog gives me the

opportunity to do so.

Although published two years after his death' the Black Code is usually attributed' at least in

spirit' to %ean;Baptiste Colbert' the famous /inister of Louis -!. Colbert' known as a great

financier' the founder of the ,rench +avy' and the reorgani5er of ,rench commerce andindustry' was also a remarkable =urist 6as noted in the book Great Jurists of the World ). >e

was at the origin of the codifying ordinances adopted during the reign of Louis -! such as

the Civil 9rdinance' the Criminal 9rdinance' the Commerce 9rdinance' and the +avy

9rdinance. *he Colonial 9rdinance of "#01' best known as the 8Black Code': was the last

one to be prepared during his /inistry and may have been completed by his son' the /ar?uis

de eignelay. Although subse?uent decrees modified some of its provisions' the gist of the

Code remained in place until "030.

*he Code@s sity articles regulated the life' death' purchase' religion' and treatment of slaves

by their masters in all ,rench colonies. t provided that the slaves should be bapti5ed and

educated in the Catholic faith. t prohibited masters from making their slaves work onundays and religious holidays. t re?uired that slaves be clothed and fed and taken care of

when sick. t prohibited slaves from owning property and stated that they had no legal

capacity. t also governed their marriages' their burials' their punishments' and the conditions

they had to meet in order to gain their freedom.

Although some may have seen the Black Code as an improvement over eisting law at that

time' many condemned it in very strong terms. !oltaire wrote that 8the Black Code only

serves to show that the legal scholars consulted by Louis -! had no ideas regarding human

rights.: 4obert iacomel' a ,rench attorney' called the Black Code a crime against humanity

in his book Le Code Noir, autopsie d’un crime contre l’humanité 68*he Black Code' Autopsy

of a Crime against >umanity:). ala;/olins' who taught political philosophy at the

niversity of *oulouse and at the niversity of 2aris;orbonne' referred to it as 8the most

monstrous legal document of modern times: and only a weak barrier to the master@s tyranny.

lavery was abolished in ,rance on ,ebruary 3' "73. *he decree stated 8*he Convention

declares the slavery of the blacks abolished in all the coloniesF conse?uently all men

irrespective of color living in the colonies are ,rench citi5ens and shall en=oy all the rights

provided by the Constitution.: nfortunately' none of the implementing measures were

taken' and slavery was reinstated by a decree of %uly "#' "0$(' while +apoleon Bonaparte

was ,irst Consul. t was definitively abolished by a decree of April (7' "030' on the initiative

of !ictor choelcher . *he Black Code had remained in force for "#& years.

9n /ay "$' ($$"' the ,rench 2arliament adopted Law ($$";3&3 known as the 8*aubira law':

after the deputy who introduced it before the +ational Assembly 6click on 8Les autres tetes

lGgislatifs et rGglementaires: and enter the law number). ts first article provides as follows

*he ,rench 4epublic acknowledges that the Atlantic and ndian 9cean slave trade on

the one hand and slavery on the other' perpetrated from the fifteenth century in the

Americas' the Caribbean' the ndian 9cean and in Europe against African'

Amerindian' /alagasy and ndian peoples constitute a crime against humanity.

n addition' the law re?uired the introduction to the school history curriculum of courses onslavery and the establishment of a lavery 4emembrance Day to ensure that the 8memory of

http://lccn.loc.gov/97008298http://lccn.loc.gov/2004429587http://www.ohio.edu/chastain/rz/schoel.htmhttp://www.ohio.edu/chastain/rz/schoel.htmhttp://www.legifrance.gouv.fr/http://lccn.loc.gov/97008298http://lccn.loc.gov/2004429587http://www.ohio.edu/chastain/rz/schoel.htmhttp://www.legifrance.gouv.fr/


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this crime lives forever in future generations: 6Articles (' 3). ,ormer 2resident %ac?ues

Chirac chose /ay "$th as the commemoration day.

Le Code +oir

*itle page to a "73& copy of theCode Noir.

*itle page from a "#01 copy of the Code Noir.

Le Code Noir 6transl. The Black Code)' was a decree passed by ,ranceHs ing Louis -! in

"#01. *he Code +oir ordered all %ews out of the colony' forbade the eercise of any other

religion' other than the I4oman' Catholic' and Apostolic ,aithI' restricted the activities of

free Blacks 6affranchis) and defined the brutal conditions of slavery in the ,rench colonial

empire. *his law was in effect for over a century' although the slave;masters often ignored all

provisions dealing with the rights of slaves and continued their cruel eploitation withimpunity.

Edict of the King:

On the subject of the Policy regarding the Islands of French America

March 16!

"ecorded at the so#ereign $ouncil of %aint &omingue' 6 May 16()

Louis, by the grace of God, King of France and Navarre: to all those here present and to those

to come, GREETNG!" n that #e must also care for all people that $ivine %rovidence has put

under our tutelage, #e have agreed to have the reports of the officers #e have sent to our

&merican islands studied in our presence" These reports inform us of their need for our

authority and our 'ustice in order to maintain the discipline of the Roman, (atholic, and

&postolic Faith in the islands" )ur authority is also re*uired to settle issues dealing #ith the

condition and *uality of the slaves in said islands" +e desire to settle these issues and informthem that, even though they reside infinitely far from our normal abode, #e are al#ays present

for them, not only through the reach of our po#er but also by the promptness of our help to#ard

their needs" For these reasons, and on the advice of our council and of our certain no#ledge,

absolute po#er and royal authority, #e have declared, ruled, and ordered, and declare, rule,

and order, that the follo#ing pleases us:

Article I" +e desire and #e e-pect that the Edict of ./ &pril 0102 of the late King, our most

honored lord and father #ho remains glorious in our memory, be e-ecuted in our islands" This

accomplished, #e en'oin all of our officers to chase from our islands all the 3e#s #ho have

established residence there" &s #ith all declared enemies of (hristianity, #e command them to

http://thelouvertureproject.org/index.php?title=1743http://thelouvertureproject.org/index.php?title=1743http://thelouvertureproject.org/index.php?title=1743http://thelouvertureproject.org/index.php?title=Affranchishttp://thelouvertureproject.org/index.php?title=Slaveshttp://thelouvertureproject.org/index.php?title=Saint_Dominguehttp://thelouvertureproject.org/index.php?title=Saint_Dominguehttp://thelouvertureproject.org/index.php?title=1743http://thelouvertureproject.org/index.php?title=Affranchishttp://thelouvertureproject.org/index.php?title=Slaveshttp://thelouvertureproject.org/index.php?title=Saint_Domingue


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be gone #ithin three months of the day of issuance of the present 4order5, at the ris of

confiscation of their persons and their goods"

Article II" &ll slaves that shall be in our islands shall be bapti6ed and instructed in the Roman,

(atholic, and &postolic Faith" +e en'oin the inhabitants #ho shall purchase ne#ly7arrived

Negroes to inform the Governor and ntendant of said islands of this fact #ithin no more that

eight days, or ris being fined an arbitrary amount" They shall give the necessary orders to have

them instructed and bapti6ed #ithin a suitable amount of time"

Article III" +e forbid any religion other than the Roman, (atholic, and &postolic Faith from

being practiced in public" +e desire that offenders be punished as rebels disobedient of our

orders" +e forbid any gathering to that end, #hich #e declare to be conventicle, illegal, and

seditious, and sub'ect to the same punishment as #ould be applicable to the masters #ho

permit it or accept it from their slaves"

Article I*" No persons assigned to positions of authority over Negroes shall be other than a

member of the Roman, (atholic, and &postolic Faith, and the master #ho assigned thesepersons shall ris having said Negroes confiscated, and arbitrary punishment levied against the

persons #ho accepted said position of authority"

Article *" +e forbid our sub'ects #ho belong to the so7called 8reformed8 religion from causing

any trouble or unforeseen difficulties for our other sub'ects or even for their o#n slaves in the

free e-ercise of the Roman, (atholic, and &postolic Faith, at the ris of e-emplary punishment"

Article *I" +e en'oin all our sub'ects, of #hatever religion and social status they may be, to

observe !undays and the holidays that are observed by our sub'ects of the Roman, (atholic,

and &postolic Faith" +e forbid them to #or, nor mae their slaves #or, on said days, from

midnight until the follo#ing midnight" They shall neither cultivate the earth, manufacture sugar,

nor perform any other #or, at the ris of a fine and an arbitrary punishment against the

masters, and of confiscation by our officers of as much sugar #ored by said slaves before

being caught"

Article *II" +e forbid them also to hold slave marets or any other maret on said days at the

ris of similar punishments and of confiscation of the merchandise that shall be discovered at

the maret, and an arbitrary fine against the sellers"

Article *III" +e declare that our sub'ects #ho are not of the Roman, (atholic, and &postolic

Faith, are incapable of contracting a valid marriage in the future" +e declare any child born from

such unions to be bastards, and #e desire that said marriages be held and reputed, and to hold

and repute, as actual concubinage"

Article I+" Free men #ho shall have one or more children during concubinage #ith their slaves,

together #ith their masters #ho accepted it, shall each be fined t#o thousand pounds of sugar"

f they are the masters of the slave #ho produced said children, #e desire, in addition to the

fine, that the slave and the children be removed and that she and they be sent to #or at the

hospital, never to gain their freedom" +e do not e-pect ho#ever for the present article to be

applied #hen the man #as not married to another person during his concubinage #ith this

slave, #ho he should then marry according to the accepted rites of the (hurch" n this #ay she

shall then be freed, the children becoming free and legitimate" " " "

Article +I" +e forbid priests from conducting #eddings bet#een slaves if it appears that they do

http://thelouvertureproject.org/index.php?title=Slaveshttp://thelouvertureproject.org/index.php?title=Slaveshttp://thelouvertureproject.org/index.php?title=Slaveshttp://thelouvertureproject.org/index.php?title=Slaveshttp://thelouvertureproject.org/index.php?title=Slaveshttp://thelouvertureproject.org/index.php?title=Slaves


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not have their masters9 permission" +e also forbid masters from using any constraints on their

slaves to marry them #ithout their #ishes"

Article +II" (hildren born from marriages bet#een slaves shall be slaves, and if the husband

and #ife have different masters, they shall belong to the masters of the female slave, not to the

master of her husband"

Article +III" +e desire that if a male slave has married a free #oman, their children, either male

or female, shall be free as is their mother, regardless of their father9s condition of slavery" &nd if

the father is free and the mother a slave, the children shall also be slaves" " " "

Article +*" +e forbid slaves from carrying any offensive #eapons or large stics, at the ris of

being #hipped and having the #eapons confiscated" The #eapons shall then belong to he #ho

confiscated them" The sole e-ception shall be made for those #ho have been sent by their

masters to hunt and #ho are carrying either a letter from their masters or his no#n mar"

Article +*I" +e also forbid slaves #ho belong to different masters from gathering, either during

the day or at night, under the prete-t of a #edding or other e-cuse, either at one of the master9s

houses or else#here, and especially not in ma'or roads or isolated locations" They shall ris

corporal punishment that shall not be less than the #hip and the fleur de lys, and for fre*uent

recidivists and in other aggravating circumstances, they may be punished #ith death, a decision

#e leave to their 'udge" +e en'oin all our sub'ects, even if they are not officers, to rush to the

offenders, arrest them, and tae them to prison, and that there be no decree against them" " " "

Article +*III" +e forbid slaves from selling sugar cane, for #hatever reason or occasion, even

#ith the permission of their master, at the ris of a #hipping for the slaves and a fine of ten

pounds for the masters #ho gave them permission, and an e*ual fine for the buyer"

Article +I+" +e also forbid slaves from selling any type of commodities, even fruit, vegetables,fire#ood, herbs for cooing and animals either at the maret, or at individual houses, #ithout a

letter or a no#n mar from their masters granting e-press permission" !laves shall ris the

confiscation of goods sold in this #ay, #ithout their masters receiving restitution for the loss, and

a fine of si- pounds shall be levied against the buyers" " " "

Article ++*II" !laves #ho are infirm due to age, sicness or other reason, #hether the sicness

is curable or not, shall be nourished and cared for by their masters" n the case that they be

abandoned, said slaves shall be a#arded to the hospital, to #hich their master shall be re*uired

to pay si- sols per day for the care and feeding of each slave" " " "

Article +++I" !laves shall not be a party, either in court or in a civil matter, either as a litigant or

as a defendant, or as a civil party in a criminal matter" &nd compensation shall be pursued in

criminal matters for insults and e-cesses that have been committed against slaves" " " "

Article +++III" The slave #ho has struc his master in the face or has dra#n blood, or has

similarly struc the #ife of his master, his mistress, or their children, shall be punished by death"

" " "

Article +++*III" The fugitive slave #ho has been on the run for one month from the day his

master reported him to the police, shall have his ears cut off and shall be branded #ith a fleur

de lys on one shoulder" f he commits the same infraction for another month, again counting

from the day he is reported, he shall have his hamstring cut and be branded #ith a fleur de lys


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on the other shoulder" The third time, he shall be put to death"

Article +++I+" The masters of freed slaves #ho have given refuge to fugitive slaves in their

homes shall be punished by a fine of three hundred pounds of sugar for each day of refuge"

Article +," The slave #ho has been punished #ith death based on denunciation by his master,and #ho is not a party to the crime for #hich he #as condemned, shall be assessed prior to his

e-ecution by t#o of the principal citi6ens of the island named by a 'udge" The assessment price

shall be paid by the master, and in order to satisfy this re*uirement, the ntendant shall impose

said sum on the head of each Negro" The amount levied in the estimation shall be paid for each

of the said Negroes and levied by the 4Ta-5 Farmer of the Royal +estern lands to avoid costs" " "

"

Article +,II" The masters may also, #hen they believe that their slaves so deserve, chain them

and have them beaten #ith rods or straps" They shall be forbidden ho#ever from torturing them

or mutilating any limb, at the ris of having the slaves confiscated and having e-traordinary

charges brought against them"

Article +,III" +e en'oin our officers to criminally prosecute the masters, or their foremen, #ho

have illed a slave under their auspices or control, and to punish the master according to the

circumstances of the atrocity" n the case #here there is absolution, #e allo# our officers to

return the absolved master or foreman, #ithout them needing our pardon"

Article +,I*" +e declare slaves to be charges, and as such enter into community property"

They are not to be mortgaged, and shall be shared e*ually bet#een the co7inheritors #ithout

benefit to the #ife or one particular inheritor, nor sub'ect to the right of primogeniture, the usual

customs duties, feudal or lineage charges, or feudal or seigneurial ta-es" They shall not be

affected by the details of decrees, nor from the imposition of the four7fifths, in case of disposal

by death or be*ueathing" " " "

Article +,*II" usband, #ife and prepubescent children, if they are all under the same master,

may not be taen and sold separately" +e declare the sei6ing and sales that shall be done as

such to be void" For slaves #ho have been separated, #e desire that the seller shall ris their

loss, and that the slaves he ept shall be a#arded to the buyer, #ithout him having to pay any

supplement" " " "

Article ,*" ;asters t#enty years of age may free their slaves by any act to#ard the living or

due to death, #ithout their having to give 'ust cause for their actions, nor do they re*uire

parental advice as long as they are minors of .2 years of age"

Article ,*I" The children #ho are declared to be sole legatees by their masters, or named as

e-ecutors of their #ills, or tutors of their children, shall be held and considered as freed slaves" "

" "

Article ,*III" +e declare their freedom is granted in our islands if their place of birth #as in our

islands" +e declare also that freed slaves shall not re*uire our letters of naturali6ation to en'oy

the advantages of our natural sub'ects in our ingdom, lands or country of obedience, even

#hen they are born in foreign countries"

Article ,I+" +e grant to freed slaves the same rights, privileges and immunities that are

en'oyed by freeborn persons" +e desire that they are deserving of this ac*uired freedom, and

that this freedom gives them, as much for their person as for their property, the same happiness


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that natural liberty has on our other sub'ects"

Siete Partidas (Seven Part Code)

(rance chose to draw !p a slave code beca!se, !nlike the English, the (renchcolonies never had a plantocracy which was "!lly in control as it was in the )ritish

colonies. %ntil 1*+ there were no (rench -ocal Assemblies. here"ore, all laws

and policies were decided in (rance and carried o!t by the overnor or the

&ntendant and the many o/cials on the islands. laves worked on coee as well

he )ritish viewed their slaves as chattel property and as s!ch, they co!ld be

sold, trans"erred to another estate or !sed to pay debts. lave marriage and

man!mission there"ore, were not enco!raged. he panish, on the other hand,

considered the slaves to be h!man beingsalbeit lesser h!man beings2 hey

acknowledge that slavery was wrong, b!t arg!ed that it was a necessary evil.

he panish "elt that they had a $hristian d!ty towards the slaves. his wasre3ected in the slave laws themselves and acco!nt "or the main dierences

between the panish slave laws 4iete 5artidas and the )ritish lave -aws. (or

e7ample, panish slaves had rightsthey co!ld not be starved, overworked or

!nlaw"!lly p!nished. he law g!aranteed them right o" entry to the 8oman

$atholic $h!rch as well as time "or religio!s instr!ctions. hey co!ld also marry

witho!t their owners' permission and were allowed to have a "amily. 9ne m!st

note however that many o" these laws were :!st on paper.

LS S!"#" $%#!&S

Las Siete artidas' the even;2art Code' was a set of laws codified inmedieval pain' some of which were crucial to the legal foundation

of modern slavery in the +ew Jorld. *he code' possibly the most

conse?uential and comprehensive set of laws of the medieval period'

was compiled in Castile between "(1" and "(#1 under Alfonso - the

Jise. *he laws went into effect around "&30 and became the

foundation for all panish =urisprudence. Beginning with panish

epansion in the siteenth century' the code spread to pain@s +ew

Jorld possessions in the Americas' Asia' and Africa' giving the codethe widest territorial influence of any single legal code.


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n beria the institution of slavery relied on the legal precepts of the

ancient !isigoths and 4omans as well as the By5antine %ustinian

Code that combined 4oman and Church law in the early medieval

period. *raditionally slavery was =ustified by the rules of warF slaves

were furnished by the van?uished and prisoners of battle. n the early

medieval period' as a result of the slamic con?uest of southern pain

67"";"3() and the Crusades spanning the eleventh to the thirteenth

centuries' religion became a significant component of the =ustification

of war and enslavement. *he Siete artidas built on these legal and

ethical traditions.

*he Castilian code permitted individuals as well as municipal and

religious organi5ations to own slaves and codified the criteria that hadtraditionally =ustified enslavement. 2risoners of =ust wars'

particularly non;Christians' as well as condemned persons' children

of enslaved mothers' and those who voluntarily sold themselves into

slavery for debt relief or other economic reasons were regarded as

legitimate slaves. *he Siete artidas appended the traditional

conditions with two additional categories of persons eligible for

slavery children of priests were re?uired to serve as slaves in their

father@s churches and Christians who provided war material to /oors

could be legally enslaved. /uslims' %ews' and others considered

infidels could not legally own Christian slaves.

*he Siete artidas protected certain rights for enslaved individuals

and provided a number of legal channels for manumission. Christian

slaves were entitled to marry one another with the masters@

permission' and masters were legally bound to grant permission

unless they could prove that the union posed a serious danger to their

interests. /asters were prohibited from ehibiting cruel treatment'including separating families' ecessive physical punishment'

starving slaves' or eploiting them seually. /asters who did not

abide by these laws could be taken to court' and' if proven guilty'

their slaves would be sold to another master or' in certain cases'

manumitted. laves who displayed eceptional service to a master or

the state were eligible for manumission. laves were legally

permitted to ply a trade and to own propertyF they had the legal right

to earn' borrow' and lend money and to purchase their freedom or that


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of another. laves were permitted to bring legal suits' testify in court'

and organi5e religious brotherhoods.

*he laws of the Siete artidas addressing the rights of masters and

slaves in medieval pain reflected a system of slavery that waslargely domestic' urban' and temporary and affected an enslaved

population of a various nationalities. ub;aharan and +orth;African

soldiers and slaves accompanied the occupying /uslim armies' and

those captured in battle were considered panish property' while other

Africans arrived in pain via slave markets or as free persons.

ardinians' reeks' 4ussians' paniards' Canary slanders' *urks'

Egyptians' and /oors were among the various peoples who served as

slaves in medieval and early modern pain. Jhile the laws ofthe Siete artidas were closely aligned with the Catholic Church and

favored Christians' slaves in medieval pain might be Christian as

well as %ewish or /uslim. *he slave laws of the Siete artidas did

not refer to nationality or race. Because the artidas reflected the

panish cultural and religious belief that enslavement was an

unfortunate and accidental status rather than a natural state' the

burden of proof of a person@s enslaved status fell on the ownerF

without positive evidence' an alleged slave would be freed.

After "1$$' the Siete artidas spread to pain@s overseas possessions'

including Cuba' 2uerto 4ico' /eico' 2eru' the 2hilippines' ,lorida'

and Louisiana. Jhile pain developed colonial policy in subse?uent

centuries to regulate the trans;Atlantic slave trade and the growth of

plantation slavery' both of which were on a scale unparalleled in the

ancient and medieval worlds' panish legislators continued to rely on

several elements of the Siete artidas. *he influence of

the artidas made for greater legal rights' protections' and channelsto freedom for slaves in the panish Americas relative to British

+orth America. >ow much these rights were observed in practice is a

matter of scholarly debate. +onetheless' numerous slaves in panish;

influenced regions such as Cuba and Louisiana petitioned courts to

uphold their rights and either won or purchased their own freedom

based on the legal precedents of the artidas.

Elements of the Siete artidas remained in force in ,lorida'

Louisiana' and *eas even after these territories went from panish to


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American possession. *he artidas continue to undergird basic law

in panish America and the 2hilippines.

imilarity

I know the Partidas were laws to regulate slavery in Spanish Speaking areas, and Code Noir was alaw to regulate slavery in the French Colonies,

• rule noun (INSTRUCTION)

)1 ; $ !s!ally pl!ral umans live in society because itHs

convenient. n ancient times was a way to be protected from wild beast or other human

groups and improve the use of resources.

LetHs say that you and agree to protect each other by taking turns watching so the other can

sleep. *he agreement has to include a clause where we both take responsibility for not killing

the other. *hatHs our law' it applies to you and me. Anyone else around us may 6and will) try

to kill us because theyHre not part on our agreement.

ame with property' agree to respect your property only if you accept the responsibility of

respecting my own. And that becomes part of our law' without that we have no society. JeHre

not partners' thatHs the meaning of society' partnership.

o far it makes sense to live in society. Je accept responsibilities' we renounce to some of

our freedoms 6not kill others' not harm others' not steal from other members of the society) to

receive in return the benefits of society 6not being kill by others' not being harm by others'

not being robbed by other members of the society).

*he problem start when the laws go beyond the needs of the society and start satisfying the

wants and needs of one or many members of the society' even if those many are the ma=ority.

Hm going to pick a stupid eample. LetHs say that you think that some comic books are bad

for people to read. Depraved se' eplicit language and images' violence' etc. tHs =ust a

drawing on a piece of paper but you donHt like it and think that people en=oying it are

obviously depraved and dangerous. Kou lobby for it and get a law passed that prohibit such

comics. have my basement full of them' collected them for ages. +ow Hll keep reading

them over and over again' violating the law. >ow are you going to enforce it +ot being a

victim involved nor the basics of society disturbed' can go on breaking the law forever.

can keep it private or can build my own society between the society where we share thecomics and keep it for ourselves. Jhat good does the law make to you besides satisfying

http://dictionary.cambridge.org/help/codes.htmlhttp://dictionary.cambridge.org/help/codes.htmlhttp://dictionary.cambridge.org/dictionary/english/acceptedhttp://dictionary.cambridge.org/dictionary/english/principlehttp://dictionary.cambridge.org/dictionary/english/instructionhttp://dictionary.cambridge.org/dictionary/english/statehttp://dictionary.cambridge.org/dictionary/english/tellhttp://dictionary.cambridge.org/dictionary/english/allowhttp://dictionary.cambridge.org/dictionary/english/allowhttp://www.businessdictionary.com/definition/principle.htmlhttp://www.businessdictionary.com/definition/standard.htmlhttp://www.businessdictionary.com/definition/serve.htmlhttp://www.businessdictionary.com/definition/norm.htmlhttp://www.businessdictionary.com/definition/action.htmlhttp://www.businessdictionary.com/definition/conduct.htmlhttp://dictionary.cambridge.org/help/codes.htmlhttp://dictionary.cambridge.org/dictionary/english/acceptedhttp://dictionary.cambridge.org/dictionary/english/principlehttp://dictionary.cambridge.org/dictionary/english/instructionhttp://dictionary.cambridge.org/dictionary/english/statehttp://dictionary.cambridge.org/dictionary/english/tellhttp://dictionary.cambridge.org/dictionary/english/allowhttp://dictionary.cambridge.org/dictionary/english/allowhttp://www.businessdictionary.com/definition/principle.htmlhttp://www.businessdictionary.com/definition/standard.htmlhttp://www.businessdictionary.com/definition/serve.htmlhttp://www.businessdictionary.com/definition/norm.htmlhttp://www.businessdictionary.com/definition/action.htmlhttp://www.businessdictionary.com/definition/conduct.html


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your perception of righteousness

*his eample shows two important aspects of the law. 9ne is that the common law works

because itHs a contract between us that benefits all of us. nfortunately' that concept is lost

now. JeHre made to believe that the law is almighty and powerful and that our responsibility

is no longer needed to make it work. *hatHs why when our neighbor is being robbed' raped or

killed' we look the other way and call "". *he laws that donHt fall into this category donHtwork. f you donHt get benefit from the law' you look for ways to go around it. Je all do.

*he other aspect is that the law has to be practical. f you canHt enforce it' whatHs the point

And donHt say that all laws that can be enforced are good. Hm saying that no matter how

good a law is' if you canHt enforce it' itHs worth nothing. /ost of the time you can enforce any

law if civil liberties and use of resources are not an issue 6and youHre willing to accept

punishment of innocents once in a while).

*he stupid eample is =ust a metaphor of the real cases that donHt want to get into now' but

Hm sure that you can see that laws about drug use' consensual se' dressing codes and other

forms of private behavior are represented by this eample.

*oday most of the laws are about the use of resources. *hose are easy to enforce because thegovernment controls the resources. +ot all of them... yet... but most of them. *hey control the

money' the tool we use to echange the wealth we produce' they control the land mostly

through regulations and ordinances' they control high value assets through mandatory

registration and they control our minds through mandatory education 6indoctrination).

tHs easy to do' they =ust take what they want or need and write a law saying that the transfer

of resources is legal. 2eriod.

can write a book about this... to sum it up' we donHt need laws in society. Je can do well

with common law from common sense. *he Constitution may not be perfect but itHs full

of common sense. tHs in itself a good guideline to rule society. +one to very little law is

needed beyond the Constitution. But if you go and check how many laws there are... itHs the

effing library of congress... literally...

M. ociety needs r!les to prevent anarchy. 8!les protect the general wellbeingo" society. Witho!t r!les, people wo!ld do as they please, o"ten endangering

themselves and others. )eca!se otherwise street kids wo!ld take over the

world. 1.&n society, we need r!les in order to help h!mans live sa"ely. =.o

prevent anarchy where the strong dominate the weak. >.inorities can live in

peace. Witho!t r!les society wo!ld be !ncivili@ed. 5eople wo!ld do whatever

they wanted

when they pleased. 8!les provide sa"ety "or society.

i" wedidn't have r!les the world wo!ld be hecktic and "!ll o" chaos r!les balence

o!t the world Added o prevent anarchy.

$.

ociety needs r!les in order to avoid the !nwelcome conse#!ences o" h!man

interaction in the absence o" these r!les. Witho!t r!les, there wo!ld be no order,

and witho!t order there wo!ld be complete chaos. 8!les mitigate this chaotic

state and provide a means o" interaction witho!t negative conse#!ence. 5eople

in general need r!les to "!nction. 8!les are a way to deBne acceptable behavior

"or a society. 9bvio!sly, dierent societies have dierent levels o" acceptable

behavior, so dierent societies will have dierent r!les. his can range "rom


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dierent homes to dierent c!lt!res and nations. ociety needs r!les in order to

maintain peace and protect people. &" there weren't set bo!ndaries,then mayhem

and chaos wo!ld res!lt. -aws 4which yo! co!ld call Clegal r!lesC lay o!t

e7pectations "or behavior so a gro!p o" people can live peace"!lly together, and

set p!nishment "or disregarding those r!les.

D

hare Kour *houghts

6f. Slave Codes

*he ranger Collection' +ew Kork +at *urner was inspired by visions of the pirit to lead a slave uprising in !irginia on August

((' "0&".

laves did not accept their fate without protest. /any instances of rebellion were known to

Americans' even in colonial times. *hese rebellions were not confined to the outh. n fact'

one of the earliest eamples of a slave uprising was in "7"( in /anhattan. As African

Americans in the colonies grew greater and greater in number' there was a =ustifiable

paranoia on the part of the white settlers that a violent rebellion could occur in oneHs own

neighborhood. t was this fear of rebellion that led each colony to pass a series of laws

restricting slavesH behaviors. *he laws were known as slave codes.

Although each colony had differing ideas about the rights of slaves' there were some common

threads in slave codes across areas where slavery was common. Legally considered property'

slaves were not allowed to own property of their own. *hey were not allowed to assemble

without the presence of a white person. laves that lived off the plantation were sub=ect to

special curfews.

n the courts' a slave accused of any crime against a white person was doomed. +o testimony

could be made by a slave against a white person. *herefore' the slaveHs side of the story could

never be told in a court of law. 9f course' slaves were conspicuously absent from =uries as

well.

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lave codes had ruinous effects on African American society. t was illegal to teach a slave to

read or write. 4eligious motives sometimes prevailed' however' as many devout white

Christians educated slaves to enable the reading of the Bible. *hese same Christians did not

recogni5e marriage between slaves in their laws. *his made it easier to =ustify the breakup of

families by selling one if its members to another owner.

As time passed and the numbers of African Americans in the +ew Jorld increased' so did the

fears of their white captors. Jith each new rebellion' the slave codes became ever more strict'

further abridging the already limited rights and privileges this oppressed people might hope

to en=oy.

British slave laws.

664

N +o Christian can be held in slavery.

1681-1683

N laves may not leave their masters@ houses without permission.

N laves may not own weapons.

N laves may not gather in groups larger than four.

N Jhite people and free black people may not entertain slaves in their

homes.

N Jhite people and free black people may not sell li?uor to slaves.

1692

N laves who make noise in the street on undays will be whipped.

1697

F 5eople o" A"rican descent may not be b!ried in the town

cemetery.

1702

N laves may not gather in groups larger than three.

N laves who break this law will receive 3$ lashes on the naked back.

N /asters may punish their slaves for any misdeed in any way they wish

ecept killing them or cutting off their limbs.


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1706

N /asters are no longer obligated to free slaves who convert to Christianity.

N Children born to enslaved women are slaves for life.

1707

N +ewly freed black people may not own or inherit land.

1708

N Any slave who murders his or her master will be tortured and killed.

N Any slave who plots with others to murder his or her master will be tortured

and killed.

1712

N Any slave who plots with others to revolt will be tortured and killed.

N +o slave can ever own a gun or pistol.

N +o black person who becomes free after "7"( may own a house or pass

property on to their children.

N *o free a slave' the master must pay a ($$;pound bond' to cover the costs

should the freed slave ever become a public charge.

1713

N +o slave "3 years or older may go out after dark without a lantern.

1722

F (unerals for slaves and free African Americans must be held during

daylight.

1731F laves co!ld not gamble "or money

F laves who rode a horse too "ast or dangero!sly in the city

co!ld be whipped

why did colonial lawmakers create strict slave codes in the late 1600s

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