Monday, May 12, 2014
Team 5 video blog - video 4
We all talked about the Patriot Act in the last team video blog (video 4). It was how the Patriot Act as changed out lives in the country in our own different opinions. We talked about how there is no more securities or much privacy in our separate lives anymore since it's was enacted. In my opinion how things we do like right now can be used against us all in future when we want to get some government job or confidential job. That's why the secret service will bring all the things you've said in your private email or messages or what you have posted on social media against you and will not allow you to be able to get the jobs. The Patriot Act is good to some clarification but also derive you of certain privacies. Learn more from what's been said from the videos: links below... Enjoy!
Friday, May 9, 2014
Tuesday, May 6, 2014
Justice McLean Analysis of Dred Scott in Nussbuam perspective; Disgust - Tosin Onibiyo
Justice John McLean, in his dissent to the decision in the case Scott v. Sandford (1857), pointed out Taney's historical errors. He emphasize the time of the Founding of the United States, and how several states had admitted free persons of the color to the suffrage-thereby recognizing them as citizens and few other arguments he and Justice Curtis made…
According to Nussbaum; Hiding from Humanity, Justice McLean’s dissent in aspect to racism as per this case was about; basically pointed out the Justice Taney’s historical errors, how irrational the decision was towards fellow human being; Dred Scott, how disgusted Justice Taney and others were and making such decision of how Scott cannot be called a citizen of the United States. As Nussbaum as said:
“Disgust relies on moral obtuseness. It is possible to view another human being as a slimy slug or a piece of revolting trash only if one has never made a serious good-faith attempt to see the world through that person’s eyes or to experience that person’s feelings. Disgust imputes to the other a subhuman nature. How, by contrast, do we ever become able to see one another as human? Only through the exercise of imagination.”
This quote in this case explains how Justice McLean tend to emphasize that the other justices did not show much compassion before making the harsh decision they made against Dred Scott as per they saw him as just a slave, minority; a piece of property and not human just like they are. But in fact, McLean showed much compassion as well as Justice Curtis, they sympathized with Scott in ‘good-faith’, saw and felt what he was going through even though the majority opinion still prevailed.
Slave codes analysis - North Carolina (Tosin Onibiyo)
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.
Part 2 of my slave codes views - The constraints instituted by North Carolina for it's slaves - Tosin Onibiyo.
The slave-to-slave constraints instituted in the North Carolina Codes includes:
Section 29; “If any slave shall teach or attempt to teach, any other slave to read or write, the use of figures excepted, he or she may be carried before any justice of the peace, and on conviction thereof, shall be sentenced to receive thirty-nine lashes on his or her bare back.”
Here, it shows the restriction between two slaves or more in the aspect of helping/teaching one another how to read or write. This code might be so for different reason: might be so the slaves don’t come together and rebel against their master, so they don’t try to escape or get too smart for their masters and for other reasons.
Section 37; Conspiracy of slaves.
“If any number of slaves shall at any time hereafter, consult, advise or conspire to rebel or make insurrection, or shall plot or conspire the murder of any person, or persons whatsoever, every such consulting, plotting or conspiring, shall be adjudged and deemed felony, and the slave or slaves convicted thereof in the manner prescribed by law, shall suffer death or be transported, as hereinafter provided.’’
To my understanding, slaves shall not come together to conspire to rebel against any person(s). And if done, they shall be put to death or transported.
Section 81 through 85 also focused on how free blacks/negroes not allowed to associate whatsoever with slaves
...free black not allowed to “entertain any slave in his house during Sundays or in the night between sunset and sunrise”
83. “If any free negro or mulatto, shall entertain any slave in his or her house during the sab-bath, or in the night between sun set and run-rise, he or she shall, for entertaining such slave, be subject to a fine of two dollars for the first offence, and four dollars for every subsequent offence, to be recovered on conviction before any one justice of the peace, and applied to the use of the poor of the county in which the offence shall be committed, saving to the party the right of appealing.”
Section 38,39,40 and 41 discusses in case slaves rebels amongst each other and the consequences of death or transportation “awarded’’ to such slave(s).
My views on the slave codes of North Carolina in the aspect of criminal menace and the restrictions placed on the slaves - Tosin Onibiyo
In my perspective and to my understanding, first of, criminal menace is the act whereby the master is placing/putting his slave in jeopardy of injury or death. And criminal law/menace in the southern states such as the North Carolina Code Act tends to lump together these three categories without any clear differentiation; blacks, slave or free. Part of the code and not specifically described how a master can criminally menace his slave into doing something unlawful for his own benefits/gain and getting the slave suffer for such consequences such as getting convicted for the crime receiving several strokes of lashes, getting transported or even deathpenalty though a master is mostly prohibited in the North Carolina Code from executing their personal slaves or another’s.
Reading the Act concerning slaves and free persons of Color, Congress established and placed some restrictions on Negro slaves. Most which stated below:
Section 25 of the slave code describes how slaves are not to be armed with guns, swords, cub or any kind of weapon, and when they do, they have to be punished by the person or persons who saw the slave(s) possessing such weapon as well as take such weapon from the slave.
A slave cannot go off his master’s plantation without a certificate of leave in writing.
26. No slave shall go from off the plantation or seat of land where such slave shall be appointed to live without a certificate of leave, in writing, for so doing from his or her master or overseer.
No slave is allowed to raise stocks whatsoever, and when a slave does, it shall be seized and sold by the country.
27. No slave shall be permitted on any pretence whatever, to raise any horses, cattle, hogs or sheep, but all such belonging to any slave, or in any slave's mark, shall be seized and sold by the county. Wardens as directed in the act entitled an act concerning the Poor.
No slave who is able to read or write is allowed to teach another how too. And when done, the slave shall be convicted and receive 39 lashes on bare back.
29. If any slave shall teach or attempt to teach, any other slave to read or write, the use of figures excepted, he or she may be carried before any justice of the peace, and on conviction thereof, shall be sentenced to receive thirty-nine lashes on his or her bare back.
No slaves are allowed to sell spirituous liquors
30. If any Negro slave shall presume to sell any spirituousliquors by retail or otherwise, such slave so offending shall be taken before a magistrate of the county, where he may have committed such offence, and if found guilty, shall receive not exceeding thirty-nine lashes, on his or her bare back.
31. It shall not be lawful for any slave or slaves to play at any game of cards, dice, nine-pins, or any game of hazard or chance, for any money, liquor, or any kind of property, whether the same be staked or not; and any slave so offending shall, upon conviction before a justice of the peace, receive a whipping on his or her bare back, not exceeding thirty-nine lashes.
32. Any slave convicted of setting fire to any woods, under circumstances which, if the offence were committed by a free person, would subject such free person to a penalty, shall be ordered to receive on his bare back thirty-nine lashes.
34. No slave to go at large as a freeman; No slave shall be a freeman fully.
35. No person shall grant permission for any meeting or meetings of the negroes of others, or people of colour, at his, her or their houses, or on his, her or their plantation for the purpose of drinking or dancing, under the penalty of forfeiting twen y dollars on conviction of such offence, in any court having jurisdiction thereof, unless such slave shall have a special permit in writing or otherwise from his or her owner for that purpose.
36. Slaves and free Negroes not to preach in public…And few others.
Wednesday, April 30, 2014
Same-sex marriage views according to team 5 - Tosin Onibiyo
The third video created by team 5 was about the same sex marriage in the society today. In our respective opinions, we collectively agreed that Same sex marriage has been drastically accepted over the years; let's say since ten to 20 years ago. Same sex marriages were been categorized as abomination before (a sodomy act); that cannot be done or stand in the society and people who were involved will get convicted for it because it was classified as illegal; a crime. But today, it is a different story entirely. Even though in some part of the world, it's still looked upon as a sodomy and unusual act, the society is beginning to accept it as a norm in certain countries and for example, the United States as it's been legalized in certain states now including New Jersey! Even though same sex people are still most time stared out weirdly here and there, I believe as also the group agrees that within ten years from now, it will be more accepted by majority if not all and be classified as a social norm in our society.
Video to this is in drop box. Enjoy!
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