The Fugitive S Properties

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.

Driving straight to the heart of the most contentious issue in American history, Sean Wilentz argues controversially that, far from concealing a crime against humanity, the U.S. Constitution limited slavery’s legitimacy—a limitation which in time inspired the antislavery politics that led to Southern secession, the Civil War, and Emancipation.

This anthology—the first of its kind—considers the poetry, critical analysis of literature and language, personal narrative, dialogue and political speech by African American, Asian American, and European American authors. Racing and (E)Racing Language explores genres in American literature from the 1850s through the 1990s—from work songs to poetry; from fiction to theater. This book sheds light on many kinds of American language and throws into relief the written word as a shifting common ground—a charged and unpredictable space—where different voices, ethnic groups, and classes exert different kinds and varying degrees of influence on one another.