Book contents
- The New Nineteenth-Century American Literary Studies
- Twenty-First-Century Critical Revisions
- The New Nineteenth-Century American Literary Studies
- Copyright page
- Contents
- Notes on Contributors
- Acknowledgments
- Introduction
- Chapter 1 Harriet Wilson’s Lessons
- Chapter 2 Frances Ellen Watkins Harper and the New Civil War Literary Studies
- Chapter 3 The Global South
- Chapter 4 Making It New
- Chapter 5 Law, Nineteenth-Century American Literary Studies, and the Black Formalist Tradition
- Chapter 6 Conjuring Nineteenth-Century Black Environmentalism
- Chapter 7 Transitioning Queer Studies in Nineteenth-Century American Literature
- Chapter 8 New Materialisms and Scalar Collapse in Nineteenth-Century American Literary Studies
- Chapter 9 Nineteenth-Century Spanish-Language Textbooks and US American Literature
- Chapter 10 The Political Functions of Reconstruction Literature, Then and Now
- Chapter 11 Echoes from the Past, Archives of the Future
- Chapter 12 Beyond the Secularization Thesis
- Chapter 13 A Periodical Masquerade
- Chapter 14 Tasteful Sketches and Tasteless Ambition
- Chapter 15 Grounding Nineteenth-Century Studies in Indigenous Studies
- Chapter 16 Cultures of Data
- Chapter 17 Rethinking Critical Geographies
- Chapter 18 Rethinking Black Speculative Fiction
- Chapter 19 The Black Pacific
- Chapter 20 “Unfeeling Stone”
- Index
Chapter 5 - Law, Nineteenth-Century American Literary Studies, and the Black Formalist Tradition
Published online by Cambridge University Press: 02 January 2025
- The New Nineteenth-Century American Literary Studies
- Twenty-First-Century Critical Revisions
- The New Nineteenth-Century American Literary Studies
- Copyright page
- Contents
- Notes on Contributors
- Acknowledgments
- Introduction
- Chapter 1 Harriet Wilson’s Lessons
- Chapter 2 Frances Ellen Watkins Harper and the New Civil War Literary Studies
- Chapter 3 The Global South
- Chapter 4 Making It New
- Chapter 5 Law, Nineteenth-Century American Literary Studies, and the Black Formalist Tradition
- Chapter 6 Conjuring Nineteenth-Century Black Environmentalism
- Chapter 7 Transitioning Queer Studies in Nineteenth-Century American Literature
- Chapter 8 New Materialisms and Scalar Collapse in Nineteenth-Century American Literary Studies
- Chapter 9 Nineteenth-Century Spanish-Language Textbooks and US American Literature
- Chapter 10 The Political Functions of Reconstruction Literature, Then and Now
- Chapter 11 Echoes from the Past, Archives of the Future
- Chapter 12 Beyond the Secularization Thesis
- Chapter 13 A Periodical Masquerade
- Chapter 14 Tasteful Sketches and Tasteless Ambition
- Chapter 15 Grounding Nineteenth-Century Studies in Indigenous Studies
- Chapter 16 Cultures of Data
- Chapter 17 Rethinking Critical Geographies
- Chapter 18 Rethinking Black Speculative Fiction
- Chapter 19 The Black Pacific
- Chapter 20 “Unfeeling Stone”
- Index
Summary
From the three-fifths clause and the Mason-Dixon Line to the doctrines of mixed character and separate-but-equal, the legal apparatus of slavery and anti-Black racism in the United States is infamous for its coldly formalist logic. Indeed, the formalism of the first civil rights movement has been obscured by a tendency to ascribe this approach exclusively to its political opponents. This chapter draws on recent reassessments of form in legal and literary studies to illuminate the Black formalist tradition of the long nineteenth century. In particular, I examine how authors (David Walker, Frederick Douglass, and Charles Chesnutt) and litigants (Harriet and Dred Scott) wielded the ancient legal-cultural form of the person to detach certain classes of person (slave, freeman, sailor, citizen, wife, mother, daughter) from racialized human groups (“colored,” white). By contrast, I demonstrate, white supremacists such as Thomas Jefferson and Chief Justice Roger B. Taney sought to naturalize, humanize, and racialize the persons known as “slave” and “citizen.” As the Thirteenth and Fourteenth Amendments attest, early civil rights activists transformed legal personhood in the United States by insisting on the abolition of one class of person (slave) and the reconstitution of another (citizen).
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- The New Nineteenth-Century American Literary Studies , pp. 68 - 82Publisher: Cambridge University PressPrint publication year: 2025