The Fugitive's Properties: Law and the Poetics of PossessionUniversity of Chicago Press, 2010. gada 15. maijs - 376 lappuses 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. |
No grāmatas satura
1.5. rezultāts no 67.
1. lappuse
... morally costly option for those Ameri- can Christian[s who] owe ... the African race (62526, emphasis mine). Yet Stowe's equation of slavery with slaves divulges a rather keen in- sight that slavery as a system of exchange has ...
... morally costly option for those Ameri- can Christian[s who] owe ... the African race (62526, emphasis mine). Yet Stowe's equation of slavery with slaves divulges a rather keen in- sight that slavery as a system of exchange has ...
3. lappuse
... moral hand wringing , still speak of the slaveholder's ' rights of property ' and of reparations for the slaves ' emancipation ( 27 ) . This claim of property in slaves , he warns , both in theory and practice , as defined by ...
... moral hand wringing , still speak of the slaveholder's ' rights of property ' and of reparations for the slaves ' emancipation ( 27 ) . This claim of property in slaves , he warns , both in theory and practice , as defined by ...
7. lappuse
... moral hyperbole ( Goodell ) suggest just that , as each struggles in its own way to save secular jurisprudence from the undertow of mystical embodiment . Certainly it is the case that , to the thinkers responsible for America's ...
... moral hyperbole ( Goodell ) suggest just that , as each struggles in its own way to save secular jurisprudence from the undertow of mystical embodiment . Certainly it is the case that , to the thinkers responsible for America's ...
9. lappuse
... moral or is it an artificial person , a mere creation of the state ? If the latter , is that creation imaginary and fictitious , or is an act that looks to be a creation merely one of legal recognition , the conferring of ...
... moral or is it an artificial person , a mere creation of the state ? If the latter , is that creation imaginary and fictitious , or is an act that looks to be a creation merely one of legal recognition , the conferring of ...
11. lappuse
... moral , philosophical , metaphysical and , in connection with the latter , theological [ 655 ] ) . The corporation is neither an imaginary fiction nor a natural person , in Machen's view . It is , rather , a personification , for ...
... moral , philosophical , metaphysical and , in connection with the latter , theological [ 655 ] ) . The corporation is neither an imaginary fiction nor a natural person , in Machen's view . It is , rather , a personification , for ...
Saturs
1 | |
27 | |
Chapter Two The Fugitives Properties Uncle Toms Incalculable Dividend | 99 |
Chapter Three Counterfactuals Causation and the Tenses of Separate but Equal | 201 |
The Rules of the Game | 269 |
Notes | 277 |
Index | 353 |
Citi izdevumi - Skatīt visu
The Fugitive's Properties: Law and the Poetics of Possession Stephen M. Best Ierobežota priekšskatīšana - 2010 |
The Fugitive's Properties: Law and the Poetics of Possession Stephen M. Best Ierobežota priekšskatīšana - 2004 |
The Fugitive's Properties: Law and the Poetics of Possession Stephen M. Best Priekšskatījums nav pieejams - 2004 |
Bieži izmantoti vārdi un frāzes
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 Slave Law Harriet Beecher Stowe Holmes 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 play Plessy political principle production property law property rights race racial rational relation repetition reprint rhetoric sentiment slavery social specific speculative Stanley Fish Stowe Stowe's theft theory thing tion Toms Topsy Tourgée trans transformation translation turn-of-the-century U.S. Supreme Court Uncle Tom's Cabin University Press words York
Populāri fragmenti
10. lappuse - 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.
217. lappuse - The argument necessarily assumes that if, as has been more than once the case,' and is not unlikely to be so again, the colored race should become the dominant power in the state legislature, and should enact a law in precisely similar terms, it would thereby relegate the white race to an inferior position. We imagine that the white race, at least, would not acquiesce in this assumption.
69. lappuse - And no word can be found in the Constitution which gives Congress a greater power over slave property, or which entitles property of that kind to less protection than property of any other description.
171. lappuse - ... and with proof, also by affidavit, of the identity of the person whose service or labor is claimed to be due as aforesaid, that the person so arrested does in fact owe service or labor to the person or persons claiming him or her, in the state or territory from which such fugitive may have escaped as aforesaid...
275. lappuse - Consider what effects, that might conceivably have practical bearings, we conceive the object of our conception to have. Then, our conception of these effects is the whole of our conception of the object.
10. lappuse - 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.
217. lappuse - A]mendment was undoubtedly to enforce the absolute equality of the two races before the law, but, in the nature of things, it could not have been intended to abolish distinctions based upon color, or to enforce social, as distinguish distinguished from political equality, or a commingling of the two races upon terms unsatisfactory to either.
159. lappuse - By the imagination we place ourselves in his situation, we conceive ourselves enduring all the same torments, we enter as it were into his body, and become in some measure the same person with him...
173. lappuse - What, to the American slave, is your Fourth of July? I answer: a day that reveals to him, more than all other days in the year, the gross injustice and cruelty to which he is the constant victim.
Atsauces uz šo grāmatu
Formalism, Experience, and the Making of American Literature in the ... Theo Davis Priekšskatījums nav pieejams - 2007 |