Forget English Freedom,Remember Atlantic Slavery: Common Law,Commercial Law and the Significance of Slavery for Classical Political Economy

Is the liberty to pursue individual self-interest in the capitalist market all that remains of the grand Enlightenment promise of human emancipation? The article addresses this question by returning to eighteenth century scholarship on the relationship between English common law and commercial law. Specifically, I explore the fundamental challenge posed to common law by the regulation, through commercial law, of enslaved Africans as labouring ‘things’. I show how key British scholars in the eighteenth century traditions of jurisprudence, moral philosophy and political economy struggled to address the radical unfreedom of the enslaved and the meaning of her/his radical emancipation. I explore how this Atlantic challenge was ‘indigenised’ to speak to the threat posed by enclosures in Britain, in particular, the possible destruction of the qualified unfreedoms and freedoms extant in the paternal social order upheld by common law. I explore how political economy traditions pre and post abolition and emancipation sought to deal with this challenge. And I conjecture on the significance of remembering the most radical process of commodifying labour – in Aimé Césaire's terms, thingification – for present day interpretations of the relationship between capitalism and freedom.