The Fugitive's Properties: Law and the Poetics of PossessionUniversity of Chicago Press, 02/04/2004 - 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. |
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Índice
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 |
Outras edições - Ver tudo
The Fugitive's Properties: Law and the Poetics of Possession Stephen M. Best Pré-visualização limitada - 2010 |
The Fugitive's Properties: Law and the Poetics of Possession Stephen M. Best Pré-visualização indisponível - 2004 |
Palavras e frases frequentes
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
Passagens conhecidas
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.
Referências a este livro
Courting Failure: Women and the Law in Twentieth-century Literature Heidi Slettedahl Macpherson Visualização de excertos - 2007 |
Formalism, Experience, and the Making of American Literature in the ... Theo Davis Pré-visualização indisponível - 2007 |