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"Law and literature United States History 19th century."
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Neither Fugitive nor Free
Part of the American Literatures Initiative Series 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.
eBook
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.
eBook
Civic longing : the speculative origins of U.S. citizenship
Citizenship defines the U.S. political experiment, but the modern legal category that it now names is a relatively recent invention. There was no Constitutional definition of citizenship until the ratification of the Fourteenth Amendment in 1868, almost a century after the Declaration of Independence. Civic Longing looks at the fascinating prehistory of U.S. citizenship in the years between the Revolution and the Civil War, when the cultural and juridical meaning of citizenship--as much as its scope--was still up for grabs. Carrie Hyde recovers the numerous cultural forms through which the meaning of citizenship was provisionally made and remade in the early United States. Civic Longing offers the first historically grounded account of the formative political power of the imaginative traditions that shaped early debates about citizenship. In the absence of a centralized legal definition of citizenship, Hyde shows, politicians and writers regularly turned to a number of highly speculative traditions--political philosophy, Christian theology, natural law, fiction, and didactic literature--to authorize visions of what citizenship was or ought to be. These speculative traditions sustained an idealized image of citizenship by imagining it from its outer limits, from the point of view of its \"negative civic exemplars\"--expatriates, slaves, traitors, and alienated subjects. By recovering the strange, idiosyncratic meanings of citizenship in the early United States, Hyde provides a powerful critique of originalism, and challenges anachronistic assumptions that read the definition of citizenship backward from its consolidation in the mid-nineteenth century as jus soli or birthright citizenship.-- Provided by publisher
Book
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.
eBook
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.
eBook