In my opinion, a slave can be a crime victim even though in the North Carolina slave code, a master must not necessarily kill his/her own servants/slaves. And according to this slave code; for example: a slave who is obligated to do exactly as his/her master have said can be a victim of crime of whatever unlawful act that master have asked that slave to do. And the slave been obligated once again to do as the master say; if not done, might suffer severe consequences, will do as his/her master have said and pay the price of what’s been done by getting beaten, transported or death. For instance, section 36 states “Slaves and free negroes not to preach in public.” If for any reason, a slave’s master told him/her to go to town and preach, the slave is obligated tohearken his master’s voice and at the same time, the act is forbidden. If not done as told, the slave suffers. And if done as instructed, he faces the consequences of punishment making that slave a crime victim at this point.
Legal restriction is seen as legal framework when it comes to the slaves. Even though as Holmes explained in “Agency”; “As at Rome, the analogies of the familia were extended to free agents” he also made it clear that “The Roman law held that the possession of a slave was the possession of his master, on the practical ground of the master’s power” (p 9); and as said in relations with the North Carolina slave code, slaves are mostly held as properties just like any other inanimate objects are and can be sold anytime the master wishes, put away and much more; which made the legal restrictions on this slaves a legal framework of property. This can be understood in terms of contractual agency law because masters have to ability to trade an agent/slave for money or something beneficiary to them as they please. They can be sold, transported and used for other purposes in this aspect. Why? Because “servants have no possession of property in their custody” (p 9) but they are properties to their masters.
No comments:
Post a Comment