@article{ART003183711},
author={Yun Kyoung KWON},
title={The Affaire Virginie and the Legal Struggles of Enslaved Women: Freedom Suits and Slave Families under the July Monarchy, 1832-1847},
journal={Journal of Humanities, Seoul National University},
issn={1598-3021},
year={2025},
volume={82},
number={1},
pages={187-225},
doi={10.17326/jhsnu.82.1.202502.187}
TY - JOUR
AU - Yun Kyoung KWON
TI - The Affaire Virginie and the Legal Struggles of Enslaved Women: Freedom Suits and Slave Families under the July Monarchy, 1832-1847
JO - Journal of Humanities, Seoul National University
PY - 2025
VL - 82
IS - 1
PB - Institute of Humanities, Seoul National University
SP - 187
EP - 225
SN - 1598-3021
AB - France abolished colonial slavery during the French Revolution, but Napoleon later reversed this decision and reinstated slavery, ultimately leading to Haiti’s independence in 1804. Other French colonies, however, had to wait until the final abolition of slavery in 1848. Before the final abolition, enslaved men and women continued to resist and fight for freedom in their daily lives. During the July Monarchy (1830–1848), the government introduced various legal reforms to promote manumission as a step toward gradual emancipation.
Many enslaved women took advantage of these initiatives to secure freedom for themselves and their children, often employing litigation as a strategy.
One notable case was the Affaire Virginie (1834–1845), in which Virginie, a formerly enslaved woman in Guadeloupe, leveraged Article 47 of the Code Noir— which prohibited the separation of enslaved families — to win her children’s freedom. After losing in the colonial courts, which were dominated by plantation owners, Virginie appealed to the Court of Cassation, the highest court in Paris, gaining support from French abolitionists along the way. Her victory had far-reaching consequences in the colonies, inspiring a wave of similar “freedom suits,” most of which were initiated by enslaved women.
This article reconstructs the social and legal context of the Affaire Virginie, situating it at the intersection of judicial systems regulating slavery, the abolitionist movement in France, and the gendered dynamics of family under slavery. It examines how enslaved women navigated legal contradictions between the metropole and the colonies, using these tensions to carve out opportunities for their families’ freedom.
KW - Affaire Virginie;Slavery;Gender;Guadeloupe;Martinique;July Monarchy;Cour of Cassation;Enslaved Women;Slave Family
DO - 10.17326/jhsnu.82.1.202502.187
ER -
Yun Kyoung KWON. (2025). The Affaire Virginie and the Legal Struggles of Enslaved Women: Freedom Suits and Slave Families under the July Monarchy, 1832-1847. Journal of Humanities, Seoul National University, 82(1), 187-225.
Yun Kyoung KWON. 2025, "The Affaire Virginie and the Legal Struggles of Enslaved Women: Freedom Suits and Slave Families under the July Monarchy, 1832-1847", Journal of Humanities, Seoul National University, vol.82, no.1 pp.187-225. Available from: doi:10.17326/jhsnu.82.1.202502.187
Yun Kyoung KWON "The Affaire Virginie and the Legal Struggles of Enslaved Women: Freedom Suits and Slave Families under the July Monarchy, 1832-1847" Journal of Humanities, Seoul National University 82.1 pp.187-225 (2025) : 187.
Yun Kyoung KWON. The Affaire Virginie and the Legal Struggles of Enslaved Women: Freedom Suits and Slave Families under the July Monarchy, 1832-1847. 2025; 82(1), 187-225. Available from: doi:10.17326/jhsnu.82.1.202502.187
Yun Kyoung KWON. "The Affaire Virginie and the Legal Struggles of Enslaved Women: Freedom Suits and Slave Families under the July Monarchy, 1832-1847" Journal of Humanities, Seoul National University 82, no.1 (2025) : 187-225.doi: 10.17326/jhsnu.82.1.202502.187
Yun Kyoung KWON. The Affaire Virginie and the Legal Struggles of Enslaved Women: Freedom Suits and Slave Families under the July Monarchy, 1832-1847. Journal of Humanities, Seoul National University, 82(1), 187-225. doi: 10.17326/jhsnu.82.1.202502.187
Yun Kyoung KWON. The Affaire Virginie and the Legal Struggles of Enslaved Women: Freedom Suits and Slave Families under the July Monarchy, 1832-1847. Journal of Humanities, Seoul National University. 2025; 82(1) 187-225. doi: 10.17326/jhsnu.82.1.202502.187
Yun Kyoung KWON. The Affaire Virginie and the Legal Struggles of Enslaved Women: Freedom Suits and Slave Families under the July Monarchy, 1832-1847. 2025; 82(1), 187-225. Available from: doi:10.17326/jhsnu.82.1.202502.187
Yun Kyoung KWON. "The Affaire Virginie and the Legal Struggles of Enslaved Women: Freedom Suits and Slave Families under the July Monarchy, 1832-1847" Journal of Humanities, Seoul National University 82, no.1 (2025) : 187-225.doi: 10.17326/jhsnu.82.1.202502.187