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Carla Spivack, J.D., Ph.D. Associate Professor of Law Oklahoma City University School of Law ph: (405) 208-5370 -----Original Message----- From: Camp, Bryan [mailto:bryan.camp@ttu.edu] Sent: Thursday, December 18, 2008 1:03 PM To: H-Net and ASLH Legal History Discussion list Subject: RE: Inquiry: Crimes against humanity Hi Jon, I'm not quite sure I follow your question. Are you asking for list of those who would be most morally culpable or are you asking for a list of those who would be at risk for violating some identifiable law? The reason I'm confused, I think, is that you ask for a list of those "who might be brought to justice after the Civil War for war crimes or crimes against humanity, including slavery itself and acts committed before the war under the laws of slavery as they existed over time..." That is confusing because slavery was made legal by many states' positive laws. So it is difficult to see how any person could be "brought to justice after the Civil War for...slavery itself" as a matter of law, although perhaps one might create such a list for moral indictment. The Simon Legree's of the South were condemned as much by slavery apologists as by abolitionists. For one quite perceptive take on how various Southern States enforced criminal codes protecting slavery, you could see any one of a number of articles written in the late 60's and 70's by A.E Keir Nash, for example his "Reason of Slavery: Understanding the Judicial Role in the Peculiar Institution," 32 Vand. L. Rev. 7 (1979). Regards, Bryan T. Camp George H. Mahon Professor of Law Texas Tech University School of Law 1802 Hartford Ave. Lubbock, Texas 79409-0004 806-742-3990 x269 (voice) 806-742-0901(fax) http://www.law.ttu.edu/faculty/bios/camp/ SSRN Author Page: http://ssrn.com/author=364489 Tax Shelf Page http://www.taxshelf.org/wiki/Main_Page -----Original Message----- From: H-Net and ASLH Legal History Discussion list [mailto:H-LAW@H-NET.MSU.EDU] On Behalf Of Spivack, Carla Sent: Thursday, December 18, 2008 12:35 PM To: H-LAW@H-NET.MSU.EDU Subject: Inquiry: Crimes against humanity Carla Spivack, J.D., Ph.D. Associate Professor of Law Oklahoma City University School of Law ph: (405) 208-5370 -----Original Message----- From: jon-christian suggs [mailto:jsuggs1@nyc.rr.com] Sent: Thursday, December 18, 2008 10:48 AM To: H-NET List for the History of Slavery; H-Net and ASLH Legal History Discussion list Subject: Inquiry: Crimes against humanity Here is a question that is, I hope, not too awkwardly posed; excuse any duplication through this intentional cross-listing: If a list were to be made of those from the states in rebellion or their sympathizers and enablers in the north who might be brought to justice after the Civil War for war crimes or crimes against humanity, including slavery itself and acts committed before the war under the laws of slavery as they existed over time, who might be on such a list? What arguments could be made for including not only officials of the Confederate States of America but slave traders, notorious apologists, judges, Supreme Court Justices? Were there men (and women) so publicly known to be "evil" in their practices as to earn a place on such a list? Real-life Simon Legrees? Thanks jon-christian suggs professor emeritus english the city university of new york
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