Purpose
The research presented here seeks to transcend a conception of law as merely a body of rules which is to be evaluated solely by reference to its successful impleÂmentation. The desire is to demonstrate the constitutive power of the law in shaping society in a way that is not only responsive but also formative.
The study is designed as a legal analysis, but given the historical setting there is necessarÂily a descriptive dimension, with exploratory aspects arising as a consequence of the under-researched nature of the subject. The purpose is not to present a comparative analysis of slavery and indentured labour (which, as explored in detail below, is considered an ill-conceived endeavour). Instead, both types of plantation labour are set into their legal contexts, with any comparative elements limited to general observations only.1.1.5