Transplants and Timing: Passages in the Creation of an Anglo-American Law of Slavery ChristopherTomlins* This Article applies the concept of "legal transplant" to the slavery regimes that sprang up in all regions of settlement during the first two centuries of English colonization of mainland America. Using a distinction between "extrastructure" and "intrastructure," we can divide the Anglo-American law of slavery into discourses of explanation/justificationand technologies of implementation. The two components were produced from distinct sources. English law possessedfew intellectual resources that could be mobilized to justify and explain slavery as an institution. Here we find the law of nature and nations uppermost. English law offered many resources, however, for the management, distribution and control of movements of people. Thus, the Anglo-American law of slavery combined two transplantedresources within itself As colonial settlements turned into slave societies, local innovations increasingly supplemented original transplants, compensating for their deficiencies and limitations and becoming, in turn, a third species of transplant.Assembly laws moved from colony to colony, creating commonalities within regions of settlement, and also - more interestingly - among regions usually thought quite distinct. Together the three species of transplantscreated densely instrumental slave regimes that enumerated all the ways in Research Professor, American Bar Foundation, Chicago <
[email protected]>. My thanks to Ron Harris, Assaf Likhovski and Eran Shalev for their comments and suggestions, to David Barry Gaspar for his collegial advice and assistance, to all of my colleagues in the research group on Common Law Legal Transplants: A Comparative Historical Analysis for their generous advice, and to the Institute for Advanced Studies at the Hebrew University, Jerusalem, for its generous support of the group and of the conference for which this Article was written.