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Chapter 5 - Law, Nineteenth-Century American Literary Studies, and the Black Formalist Tradition

Published online by Cambridge University Press:  02 January 2025

Russ Castronovo
Affiliation:
University of Wisconsin, Madison
Robert S. Levine
Affiliation:
University of Maryland, Baltimore
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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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Publisher: Cambridge University Press
Print publication year: 2025

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