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68 result(s) for "Law and literature -- United States -- History -- 19th century"
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Neither Fugitive nor Free
Neither Fugitive nor Free draws on the freedom suit as recorded in the press and court documents to offer a critically and historically engaged understanding of the freedom celebrated in the literary and cultural histories of transatlantic abolitionism. Freedom suits involved those enslaved valets, nurses, and maids who accompanied slaveholders onto free soil. Once brought into a free jurisdiction, these attendants became informally free, even if they were taken back to a slave jurisdiction - at least according to abolitionists and the enslaved themselves. In order to secure their freedom formally, slave attendants or others on their behalf had to bring suit in a court of law.Edlie Wong critically recuperates these cases in an effort to reexamine and redefine the legal construction of freedom, will, and consent. This study places such historically central anti-slavery figures as Frederick Douglass, Olaudah Equiano, and William Lloyd Garrison alongside such lesser-known slave plaintiffs as Lucy Ann Delaney, Grace, Catharine Linda, Med, and Harriet Robinson Scott. Situated at the confluence of literary criticism, feminism, and legal history, Neither Fugitive nor Free presents the freedom suit as a \"new\" genre to African American and American literary studies.
The Body of Property: Antebellum American Fiction and the Phenomenology of Possession
What does it mean to own something? How does a thing become mine? Liberal philosophy since John Locke has championed the salutary effects of private property but has avoided the more difficult questions of property's ontology. Chad Luck argues that antebellum American literature is obsessed with precisely these questions. Reading slave narratives, gothic romances, city-mystery novels, and a range of other property narratives, Luck unearths a wide-ranging literary effort to understand the nature of ownership, the phenomenology of possession. In these antebellum texts, ownership is not an abstract legal form but a lived relation, a dynamic of embodiment emerging within specific cultural spaces a disputed frontier, a city agitated by class conflict. Luck challenges accounts that map property practice along a trajectory of abstraction and \"virtualization.\" The book also reorients recent Americanist work in emotion and affect by detailing a broader phenomenology of ownership, one extending beyond emotion to such sensory experiences as touch, taste, and vision. This productive blend of phenomenology and history uncovers deep-seated anxieties and enthusiasms about property across antebellum culture.
The Poetics of Sovereignty in American Literature, 1885–1910
During the Progressive Era, the United States regularly suspended its own laws to regulate racialized populations. Judges and administrators relied on the rhetoric of sovereignty to justify such legal practices, while in American popular culture, sovereignty helped authors coin tropes that have become synonymous with American exceptionalism today. In this book, Andrew Hebard challenges the notion of sovereignty as a 'state of exception' in American jurisprudence and literature at the turn of the twentieth century. Hebard explores how literary trends such as romance and realism helped conventionalize, and thereby sanction, the federal government's use of sovereignty in a range of foreign and domestic policy matters, including the regulation of overseas colonies, immigration, Native American lands, and extra-legal violence in the American South. Weaving historiography with close readings of Mark Twain, the Western, and other hallmarks of Progressive Era literature, Hebard's study offers a new cultural context for understanding the legal history of race relations in the United States.
Literature and Criminal Justice in Antebellum America
The United States set about defining and reforming its criminal justice institutions during the antebellum years, just as an innovative, expanding print culture afforded authors and publishers unprecedented opportunities to reflect on these important social developments. Carl Ostrowski traces the impact of these related historical processes on American literature, identifying a set of culturally resonant narratives that emerged from criminal justice-related discourse to shape the period's national literary expression. Drawing on an eclectic range of sources including newspaper arrest reports, prison reform periodicals, popular literary magazines, transatlantic travel narratives, popular crime novels, anthologies of prison poetry, and the memoirs of prison chaplains, Ostrowski analyzes how authors as canonical as Nathaniel Hawthorne and as obscure as counterfeiter/poet/prison inmate Christian Meadows adapted, manipulated, or rejected prevailing narratives about criminality to serve their artistic and rhetorical ends. These narratives led to the creation of new literary subgenres while also ushering in psychological interiority as an important criterion by which serious fiction was judged. Ostrowski joins and extends recent scholarly conversations on subjects including African American civic agency, literary sentimentalism, outsider authorship, and the racial politics of antebellum prison reform.
Letter and the Spirit of Nineteenth-Century American Literature
Moving back to the trial of Anne Hutchinson in Puritan Massachusetts and the captivity narrative of Mary Rowlandson in order to analyse theo-political signification, Loebel provides a new context for examining the politically performative function of language in such texts as \"The Scarlet Letter,\" \"Uncle Tom's Cabin,\" and \"Waiting for the Verdict.\" He also argues, however, that a specific theo-logic manifests itself in the political rhetoric of the nation, such that the afterlife of the \"New Jerusalem\" resonates not just in the \"Blessings of Liberty\" enshrined in the Constitution but also in the shift from a religious understanding of union with Jesus to that of the Union of States as a nation. Loebel compares unionist and confederate discourse, opening up new ways of theorising representation as a political, theological, legal, and literary issue that has continued currency both in twentieth-century literature and in the political discourse of America's global vision, such as the \"axis of evil\" and the \"new world order.\" Anyone interested in American literature and culture will view the relationship between ethics and justice differently after reading this book.
American Literature and the Culture of Reprinting, 1834-1853
The antebellum period has long been identified with the belated emergence of a truly national literature. And yet, as Meredith L. McGill argues, a mass market for books in this period was built and sustained through what we would call rampant literary piracy: a national literature developed not despite but because of the systematic copying of foreign works. Restoring a political dimension to accounts of the economic grounds of antebellum literature, McGill unfolds the legal arguments and political struggles that produced an American \"culture of reprinting\" and held it in place for two crucial decades.In this culture of reprinting, the circulation of print outstripped authorial and editorial control. McGill examines the workings of literary culture within this market, shifting her gaze from first and authorized editions to reprints and piracies, from the form of the book to the intersection of book and periodical publishing, and from a national literature to an internally divided and transatlantic literary marketplace. Through readings of the work of Dickens, Poe, and Hawthorne, McGill seeks both to analyze how changes in the conditions of publication influenced literary form and to measure what was lost as literary markets became centralized and literary culture became stratified in the early 1850s.American Literature and the Culture of Reprinting, 1834-1853delineates a distinctive literary culture that was regional in articulation and transnational in scope, while questioning the grounds of the startlingly recent but nonetheless powerful equation of the national interest with the extension of authors' rights.
The Practice of Citizenship
In the years between the American Revolution and the U.S. Civil War, as legal and cultural understandings of citizenship became more racially restrictive, black writers articulated an expansive, practice-based theory of citizenship. Grounded in political participation, mutual aid, critique and revolution, and the myriad daily interactions between people living in the same spaces, citizenship, they argued, is not defined by who one is but, rather, by what one does.In The Practice of Citizenship, Derrick R. Spires examines the parallel development of early black print culture and legal and cultural understandings of U.S. citizenship, beginning in 1787, with the framing of the federal Constitution and the founding of the Free African Society by Absalom Jones and Richard Allen, and ending in 1861, with the onset of the Civil War. Between these two points he recovers understudied figures such as William J. Wilson, whose 1859 \"Afric-American Picture Gallery\" appeared in seven installments in The Anglo-African Magazine, and the physician, abolitionist, and essayist James McCune Smith. He places texts such as the proceedings of black state conventions alongside considerations of canonical figures such as Frances Ellen Watkins Harper and Frederick Douglass.Reading black print culture as a space where citizenship was both theorized and practiced, Spires reveals the degree to which concepts of black citizenship emerged through a highly creative and diverse community of letters, not easily reducible to representative figures or genres. From petitions to Congress to Frances Harper's parlor fiction, black writers framed citizenship both explicitly and implicitly, the book demonstrates, not simply as a response to white supremacy but as a matter of course in the shaping of their own communities and in meeting their own political, social, and cultural needs.
Early African American Print Culture
The eighteenth and nineteenth centuries saw both the consolidation of American print culture and the establishment of an African American literary tradition, yet the two are too rarely considered in tandem. In this landmark volume, a stellar group of established and emerging scholars ranges over periods, locations, and media to explore African Americans' diverse contributions to early American print culture, both on the page and off. The book's seventeen chapters consider domestic novels and gallows narratives, Francophone poetry and engravings of Liberia, transatlantic lyrics and San Francisco newspapers. Together, they consider how close attention to the archive can expand the study of African American literature well beyond matters of authorship to include issues of editing, illustration, circulation, and reading-and how this expansion can enrich and transform the study of print culture more generally. Published in cooperation with the Library Company of Philadelphia.
Antislavery discourse and nineteenth-century American literature : incendiary pictures
This book examines the relationship between antislavery texts and emerging representations of 'free labour' in mid-nineteenth-century America.
Better Left Unsaid
Better Left Unsaid is in the unseemly position of defending censorship from the central allegations that are traditionally leveled against it. Taking two genres generally presumed to have been stymied by the censor's knife-the Victorian novel and classical Hollywood film-this book reveals the varied ways in which censorship, for all its blustery self-righteousness, can actually be good for sex, politics, feminism, and art. As much as Victorianism is equated with such cultural impulses as repression and prudery, few scholars have explored the Victorian novel as a \"censored\" commodity-thanks, in large part, to the indirectness and intangibility of England's literary censorship process. This indirection stands in sharp contrast to the explicit, detailed formality of Hollywood's infamous Production Code of 1930. In comparing these two versions of censorship, Nora Gilbert explores the paradoxical effects of prohibitive practices. Rather than being ruined by censorship, Victorian novels and Hays Code films were stirred and stimulated by the very forces meant to restrain them.