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Lecture 2

POLB30H3 Lecture Notes - Lecture 2: Legal Positivism, Meddle

Political Science
Course Code
Margaret Kohn

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POLB30- Lecture 2- Amistad
The right to have rights
The right to resist
Magnicarda rights versus equal rights
Whether or not blacks have the same rights as whites
Background Information
1839: The Africans arrived in Cuba, are sold as slaves, and depart on the Amistad
oSlavery was legal in Cuba
oIn West Africa a ship full of slaves was set to go to Cuba
oThere were many diseases poor sanitation
o1/3 of the people died as a result
oWhen they reached Cuba they unloaded at night, away from the main port
1817/1820: A treaty is a formal agreement between two or more
countries. This treaty outlawed the slave trade
These individuals were not actually slaves could not speak Spanish and were bought
Montes and Ruiz were slave owners who bought man slaves and children $400 each
Cinque leader of the mutiny on the Amistad
oStarted sailing west toward united states instead
Naval ship passing by saw the ship
oSalvage right to claim goods and property that remain after a casualty
oGet 1/3 of the of the value
oTook them to Connecticut racist and slavery still existed
Pinckney Treaty (1795): A treaty is a formal agreement between two or more countries.
This treaty requires signatories to restore property belonging to citizens of foreign
Marin Van Baron was the president at the time
There were a group of people abolitionist
oImporting slaves is a violation of the Unites States and International Laws
oImportance of life and liberty
oLegal in the south but illegal in most of the north
Spanish Government
Wanted to exercise their sovereignty over the slaves Spanish property and should be
returned to Spain
oAmericans cannot meddle with the Spanish government
oThey should decide whether or not they are slaves
They had forges documents to support this claim
JurisdictionJurisdiction is the Power of a court to adjudicate cases and issue orders.
Sometimes it also refers to a territory within which a court or government agency may
properly exercise its power.
Followed legal positivism rather than natural law
oLegal positivism “the law is the law”
the written law must take precedence over morality or what some have
called natural law
oNatural law principles derived from reason
Ex: you should not kill innocent people
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