The Bondsman's Burden: An Economic Analysis of the Jurisprudence of Slaves and Common Carriers
研究了南北战争前南方法官如何裁决奴隶主与公共承运人之间的纠纷,发现奴隶案件中的侵权法原则预示了后来自由人事故赔偿法律的发展。
Antebellum judges played crucial roles in resolving conflicts between slaveowners and common-carrier owners. Because courts could easily quantify the value of a slave's life, they were quicker to compensate slaveowners for slaves injured or killed by a common carrier than to award damages to an injured free person or his estate. Yet judges also had to craft rules governing the behavior of the slave property itself. By the 1860s, Southern courts had established law that encouraged parties with legal standing to act efficiently. Strikingly, tort doctrines developed in slave cases foreshadowed the evolution of law for free accident victims.