In this intriguing book, Hendrik Hartog uses a forgotten 1840 case
to explore the regime of gradual emancipation that took place in
New Jersey over the first half of the nineteenth century. In
Minna's case, white people fought over who would pay for the costs
of caring for a dependent, apparently enslaved, woman. Hartog marks
how the peculiar language mobilized by the debate—about care
as a "mere voluntary courtesy"—became routine in a wide range
of subsequent cases about "good Samaritans." Using Minna's case as
a springboard, Hartog explores the statutes, situations, and
conflicts that helped produce a regime where slavery was usually
but not always legal and where a supposedly enslaved person may or
may not have been legally free.
In exploring this liminal and unsettled legal space, Hartog sheds
light on the relationships between moral and legal reasoning and a
legal landscape that challenges simplistic notions of what it meant
to live in freedom. What emerges is a provocative portrait of a
distant legal order that, in its contradictions and moral dilemmas,
bears an ironic resemblance to our own legal world.