The Fugitive's Properties: Law and the Poetics of PossessionUniversity of Chicago Press, 2004 M04 2 - 362 páginas In this study of literature and law before and since the Civil War, Stephen M. Best shows how American conceptions of slavery, property, and the idea of the fugitive were profoundly interconnected. The Fugitive's Properties uncovers a poetics of intangible, personified property emerging out of antebellum laws, circulating through key nineteenth-century works of literature, and informing cultural forms such as blackface minstrelsy and early race films. Best also argues that legal principles dealing with fugitives and indebted persons provided a sophisticated precursor to intellectual property law as it dealt with rights in appearance, expression, and other abstract aspects of personhood. In this conception of property as fleeting, indeed fugitive, American law preserved for much of the rest of the century slavery's most pressing legal imperative: the production of personhood as a market commodity. By revealing the paradoxes of this relationship between fugitive slave law and intellectual property law, Best helps us to understand how race achieved much of its force in the American cultural imagination. A work of ambitious scope and compelling cross-connections, The Fugitive's Properties sets new agendas for scholars of American literature and legal culture. |
Dentro del libro
Resultados 1-5 de 85
Página
... matters came to a head in 2003 when I had the opportunity to collaborate with Saidiya on the orga- nization of the Mellon Foundation Sawyer Seminar / HRI research seminar " Redress in Law . Literature , and Social Thought " ; a more ...
... matters came to a head in 2003 when I had the opportunity to collaborate with Saidiya on the orga- nization of the Mellon Foundation Sawyer Seminar / HRI research seminar " Redress in Law . Literature , and Social Thought " ; a more ...
Página 3
... matter - of - fact reality , acted out every day wherever and whenever a negro or anyone else is claimed as an American slave " ( 28 ) . I would charge otherwise , that " metaphysical subtlety " and " fiction of ... law " are incapable ...
... matter - of - fact reality , acted out every day wherever and whenever a negro or anyone else is claimed as an American slave " ( 28 ) . I would charge otherwise , that " metaphysical subtlety " and " fiction of ... law " are incapable ...
Página 9
... matter what the fictions of law may say ; but the right to his labor is property , and may be transferred like any other property.20 ( e. N. Elliot , 1860 ) This perception that slavery's " bundle of rights " attached to the slave's la ...
... matter what the fictions of law may say ; but the right to his labor is property , and may be transferred like any other property.20 ( e. N. Elliot , 1860 ) This perception that slavery's " bundle of rights " attached to the slave's la ...
Página 14
... matter , I engage these questions of slavery here as matters of aesthetic and legal representation — as an aesthetics of legal representa- tion — and route these concerns through the historical frame of transforma- tions in the ...
... matter , I engage these questions of slavery here as matters of aesthetic and legal representation — as an aesthetics of legal representa- tion — and route these concerns through the historical frame of transforma- tions in the ...
Página 15
... matter of conduct , as a variable of personhood - comes into focus in nineteenth - century courts prima facie as the law of chattel slavery , specifically the law pertaining to fugitive slave persons . I propose that the alienation of ...
... matter of conduct , as a variable of personhood - comes into focus in nineteenth - century courts prima facie as the law of chattel slavery , specifically the law pertaining to fugitive slave persons . I propose that the alienation of ...
Contenido
Fugitive Sound Fungible Personhood Evanescent Property | 29 |
Copyright Law | 41 |
The Human Phonograph | 54 |
Dred Scott v Sandford | 65 |
Impersonation | 89 |
The Fugitives Properties Uncle Toms Incalculable Dividend | 101 |
Pro Bono Publico | 115 |
Toms par me la | 136 |
Cuttin of Figgers | 185 |
Counterfactuals Causation and the Tenses of Separate but Equal | 203 |
Parallel Tracks | 228 |
What Happened in the Tunnel | 256 |
The Rules of the Game | 269 |
Principle and History | 271 |
Procedure and Pragmatism | 274 |
Notes | 277 |
Otras ediciones - Ver todas
The Fugitive's Properties: Law and the Poetics of Possession Stephen M. Best Vista previa limitada - 2010 |
The Fugitive's Properties: Law and the Poetics of Possession Stephen M. Best Sin vista previa disponible - 2004 |
Términos y frases comunes
abstraction aesthetic Amendment appears authority autopoesis blackface body cakewalk Cambridge capital causation century Chicago cinema claim clause common law conception Constitution contract corporation counterfactual credit economy culture doctrine Dred Scott duden economic equal protection Essays exchange expression fiction figure film Fourteenth Amendment Fugitive Slave Fugitive's Properties Harriet Beecher Stowe Holmes Holmes's imagination intellectual property interest Jeremy Bentham Justice labor language Law Review law's literary logic matter means ment metaphor metonymy minstrel moral musical narrative natural Negro nineteenth-century object Oliver Wendell Holmes original Oxford passion person personhood Plessy political principle production property law property rights race racial relation repetition reprint rhetoric sentiment slavery social specific speculative Stanley Fish Stowe Stowe's Taney's theft theory thing tion Topsy Tourgée trans transformation translation trompe l'oeil turn-of-the-century U.S. Supreme Court Uncle Tom's Cabin University Press words York
Pasajes populares
Página 10 - A corporation is an artificial being, invisible, intangible, and existing only in contemplation of law. Being the mere creature of law, it possesses only those properties which the charter of its creation confers upon it, either expressly or as incidental to its very existence.
Página 7 - Yet that we may not appear to be defective even in earthly honors, let a day be solemnly set apart for proclaiming the charter; let it be brought forth placed on the divine law, the word of God; let a crown be placed thereon, by which the world may know, that so far as we approve of monarchy, that in America THE LAW 1s KING. For as in absolute governments the King is law, so in free countries the law ought to be King; and there ought to be no other.
Página 10 - It is chiefly for the purpose of clothing bodies of men in succession with these qualities and capacities that corporations were invented and are in use. By these means, a perpetual succession of individuals are capable of acting for the promotion of the particular object, like one immortal being.
Referencias a este libro
Courting Failure: Women and the Law in Twentieth-century Literature Heidi Slettedahl Macpherson Vista de fragmentos - 2007 |
Formalism, Experience, and the Making of American Literature in the ... Theo Davis Sin vista previa disponible - 2007 |