therefore, may follow from a decision, I cannot say this case is allowed or approved by the
law of England.
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The conclusion that followed was simple. Slavery had no legal basis.
Consequently, in Lord Mansfield’s own words: “[T]he black must be
discharged”. This decision was made despite the high dependence of England
on sugar produced by slave labour in its colonies in the West Indies. English
law now at last also recognised Somerset as one of God’s chilren.
While Somersett's Case
provided a common law rule that the state of slavery
was unlawful in England itself, neither British participation in the slave trade
nor slavery in other parts of the British Empire ceased immediately. This did
not happen until the passage of the Slavery Abolition Act
1833
(UK),
following which the Royal Navy frequently confronted other sovereign nations
Sommerset's Case
in 1771 makes strong contrast with the decision of the
Supreme Court, some 85 years later, in Dred Scott v
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There the Supreme Court held that a black "whose ancestors
were...sold as slaves" was not entitled to the rights of a federal citizen and
therefore had no standing in court. Blacks "beings of an inferior order" were
not included in the phrase "all men" in the United States
Independence nor afforded any rights by the United States Constitution.
While slavery is the most extreme case, oppression can obviously be
constituted in other ways as well. It may be done like slavery with one fell
swoop or it may be done with more stealth, as little by little rights are whittled
away. However, it is often difficult in debate to argue oppression in a totally
convincing way since rights, while based on higher order values, are not
absolute. It is a give and take world, and there is no authoritative declaration as
to where the line between two competing claims is drawn.
Domination by Oligarchy
Commonly democracy is encapsulated in the notion of pluralism. There is a
multitude of perspectives and voices which compete for support in political
and legislative debate. From this tumult emerges a deliberated and majority
supported course of action. Given this, domination of the political process by
small group (an oligarchy) to this extent renders it undemocratic.
___________________
935
Somerset v Stewart
(1772) Lofft 1; 20 Howell's State Trials 7979 (Somersett's
Case)
936
Dred Scott v Sandford, 60 US (19 How) 393 (1857)
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