Abolition and Imperial Law, 1790–1820

Abstract

Historians have represented the movement for the abolition of the slave trade as a turning point in international law, either characterising the formation of mixed commissions to adjudicate slave ship captures as elements of early human rights law or interpreting the treaty regime supporting the ban on the slave trade as marking a decisive shift towards positivism in international law. A closer look at the legal history of abolition suggests that such perspectives omit an important dimension: the ties between abolition and imperial legal consolidation. In exploring such ties, the article first examines prize law and its direct and indirect influence on calls for intra-imperial regulation of the slave trade, especially its effective criminalisation. Across the empire, efforts to ban the slave trade reflected and reinforced pressures to strengthen imperial legal authority by regulating and restricting planter legal prerogatives.