Abstract

ABSTRACTFollowing the Free Womb Law of 1871 in Brazil, hundreds of enslaved persons appealed for their freedom on the basis of filial ties. These cases included children who were born before the Free Womb Law. However, jurists and legislators struggled to define what constituted a ‘free womb’ when children were conceived before the passage of the Free Womb Law. Using court cases, parliamentary notes, and newspaper accounts, this article analyzes juridical attempts to define ‘free,’ ‘enslaved,’ and ‘conditionally free’ wombs, from the use of the Roman principle partus sequitur ventrem to the passage of the Free Womb Law.

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