International Law and the Slave Trade

Flashcards providing key vocabulary and concepts related to the historical legal arguments and context surrounding the slave trade, particularly Justice Scott's perspective and early international law mechanisms.

Justice Scott

An English judge in London who sided with the French, arguing that the slave trade, despite his personal dislike for it, was not against international law based on historical precedent and legal entrenchment.

Slave Trade (19th Century Legal View)

Justice Scott argued that 'personal slavery arriving at a buyer has been in every civilized country invested with all the character of property,' and was secured by all protections in law, with solemn treaties and national monopolies facilitating its commerce.

Public and Municipal Law

Refers to domestic and international law through which slavery was historically entrenched and sanctioned across the world, according to Justice Scott.

Historical Opposition to Slavery (Scott's View)

Justice Scott claimed there was no significant opposition to slavery throughout history, 'except the protests of a few private moralists, little heard and less attended to,' until very recently in 'this particular country.'

International Law on Slave Trade (Scott's Conclusion)

Justice Scott concluded that nothing in history indicated nations had agreed the slave trade was against international law; rather, historical practice suggested the opposite, calling assertions to the contrary 'extravagant assumption.'

Positivist Legal Philosophy

A legal perspective, attributed to Justice Scott, that emphasizes law as it is 'posited,' or established, rather than as it 'should be.' It focuses on enacted laws, treaties, and state practices.

Denial of Justice

A legal term still in use, referring to the argument that a court was unfair or unjust during proceedings.

Near Universal Slavery

A historical proposition stating that slavery was nearly universal in human history and legally entrenched in many societies.

Gradual Rise of Abolitionist Sentiment

The historical process indicating a slow but increasing movement towards the ending of slavery and the slave trade.

Early International Courts

Instances set up, such as those by the Portuguese treaty, to deal with international legal matters, often considered 'early and rewarding examples.'

Captured Twice

A term describing the tragic fate of some individuals who were liberated from slavery but subsequently re-captured by slave traders, often on the outskirts of colonies.

Conflict Resolution in Early International Courts

A method used when two sides tied on a case, where judges 'literally flipped a coin' to decide the outcome.