Legal Fictions: Constituting Race, Composing Literature
by Karla FC Holloway
Duke University Press, 2014 Paper: 978-0-8223-5595-3 | eISBN: 978-0-8223-7705-4 | Cloth: 978-0-8223-5581-6 Library of Congress Classification PS153.N5H64 2014 Dewey Decimal Classification 305.896073
ABOUT THIS BOOK | AUTHOR BIOGRAPHY | REVIEWS | TOC | REQUEST ACCESSIBLE FILE
ABOUT THIS BOOK
In Legal Fictions, Karla FC Holloway both argues that U.S. racial identity is the creation of U.S. law and demonstrates how black authors of literary fiction have engaged with the law's constructions of race since the era of slavery. Exploring the resonance between U.S. literature and U.S. jurisprudence, Holloway reveals Toni Morrison's Beloved and Charles Johnson's Middle Passage as stories about personhood and property, David Bradley's The Chaneysville Incident and Ralph Ellison's Invisible Man as structured by evidence law, and Nella Larsen's Passing as intimately related to contract law. Holloway engages the intentional, contradictory, and capricious constructions of race embedded in the law with the same energy that she brings to her masterful interpretations of fiction by U.S. writers. Her readings shed new light on the many ways that black U.S. authors have reframed fundamental questions about racial identity, personhood, and the law from the nineteenth into the twenty-first centuries. Legal Fictions is a bold declaration that the black body is thoroughly bound by law and an unflinching look at the implications of that claim.
AUTHOR BIOGRAPHY
Karla FC Holloway is James B. Duke Professor of English at Duke University, where she also holds appointments in the Law School, Women's Studies, and African & African American Studies, and is an affiliated faculty with the Institute on Care at the End of Life and the Trent Center for Bioethics, Humanities & History of Medicine. She serves on the Greenwall Foundation's Advisory Board in Bioethics, and was recently elected to the Hastings Center Fellows Association. Holloway is the author of BookMarks: Reading in Black and White and Codes of Conduct: Race, Ethics, and the Color of Our Character, as well as Private Bodies, Public Texts: Race, Gender, and a Cultural Bioethics and Passed On: African American Mourning Stories: A Memorial, both published by Duke University Press.
REVIEWS
"Holloway has written a sterling account of the convergence of literary and legal narratives in constructing American racial identities . . . This book will engage scholars in African American studies and American studies in the coming years."
-- D. E. Magill Choice
“Holloway's writing is elegantly structured and multifaceted; the analytical language she uses is bright with imagery.”
-- Jo Manby Ethnicity and Race in a Changing World
“Karla FC Holloway’s most recent book is a remarkable creative and critical work that pushes the boundaries of interdisciplinarity in law, literature, history, and critical race theory. … Holloway uses the marginality of black literature as an argument for its central role in the legal and literary construction of nation and nationality. Finding the margins at the center and the center in the margins is precisely the kind of appealing paradox that makes this book so powerful.”
-- Dan Farbman Law, Culture, and the Humanities
TABLE OF CONTENTS
Preface ix
Introduction: Bound by Law 1
Intimate Intersectionalities—Scalar Reflections 5
Public Fictions, Private Facts 9
Simile as Precedent 13
Property, Contract, and Evidentiary Values 17
1. The Claims of Property: On Being and Belonging 23
The Capital in Question 27
Imagined Liberalism 35
Mapping Racial Reason 41
Being in Place: Landscape, Never Inscape 49
2. Bodies as Evidence (of Things Not Seen) 55
Secondhand Tales and Hearsay 59
Black Legibility—Can I Get a Witness? 72
Trying to Read Me 77
3. Composing Contract 89
"A novel-like tenor" 93
Passing and Protection 96
A Secluded Colored Neighborhood 102
Epilogue. When and Where "All the Dark-Glass Boys" Enter 111
A Contagion of Madness 113
Notes 127
References 139
Acknowledgments 145
Index 147
REQUEST ACCESSIBLE FILE
If you are a student who cannot use this book in printed form, BiblioVault may be able to supply you
with an electronic file for alternative access.
Please have the accessibility coordinator at your school fill out this form.
Legal Fictions: Constituting Race, Composing Literature
by Karla FC Holloway
Duke University Press, 2014 Paper: 978-0-8223-5595-3 eISBN: 978-0-8223-7705-4 Cloth: 978-0-8223-5581-6
In Legal Fictions, Karla FC Holloway both argues that U.S. racial identity is the creation of U.S. law and demonstrates how black authors of literary fiction have engaged with the law's constructions of race since the era of slavery. Exploring the resonance between U.S. literature and U.S. jurisprudence, Holloway reveals Toni Morrison's Beloved and Charles Johnson's Middle Passage as stories about personhood and property, David Bradley's The Chaneysville Incident and Ralph Ellison's Invisible Man as structured by evidence law, and Nella Larsen's Passing as intimately related to contract law. Holloway engages the intentional, contradictory, and capricious constructions of race embedded in the law with the same energy that she brings to her masterful interpretations of fiction by U.S. writers. Her readings shed new light on the many ways that black U.S. authors have reframed fundamental questions about racial identity, personhood, and the law from the nineteenth into the twenty-first centuries. Legal Fictions is a bold declaration that the black body is thoroughly bound by law and an unflinching look at the implications of that claim.
AUTHOR BIOGRAPHY
Karla FC Holloway is James B. Duke Professor of English at Duke University, where she also holds appointments in the Law School, Women's Studies, and African & African American Studies, and is an affiliated faculty with the Institute on Care at the End of Life and the Trent Center for Bioethics, Humanities & History of Medicine. She serves on the Greenwall Foundation's Advisory Board in Bioethics, and was recently elected to the Hastings Center Fellows Association. Holloway is the author of BookMarks: Reading in Black and White and Codes of Conduct: Race, Ethics, and the Color of Our Character, as well as Private Bodies, Public Texts: Race, Gender, and a Cultural Bioethics and Passed On: African American Mourning Stories: A Memorial, both published by Duke University Press.
REVIEWS
"Holloway has written a sterling account of the convergence of literary and legal narratives in constructing American racial identities . . . This book will engage scholars in African American studies and American studies in the coming years."
-- D. E. Magill Choice
“Holloway's writing is elegantly structured and multifaceted; the analytical language she uses is bright with imagery.”
-- Jo Manby Ethnicity and Race in a Changing World
“Karla FC Holloway’s most recent book is a remarkable creative and critical work that pushes the boundaries of interdisciplinarity in law, literature, history, and critical race theory. … Holloway uses the marginality of black literature as an argument for its central role in the legal and literary construction of nation and nationality. Finding the margins at the center and the center in the margins is precisely the kind of appealing paradox that makes this book so powerful.”
-- Dan Farbman Law, Culture, and the Humanities
TABLE OF CONTENTS
Preface ix
Introduction: Bound by Law 1
Intimate Intersectionalities—Scalar Reflections 5
Public Fictions, Private Facts 9
Simile as Precedent 13
Property, Contract, and Evidentiary Values 17
1. The Claims of Property: On Being and Belonging 23
The Capital in Question 27
Imagined Liberalism 35
Mapping Racial Reason 41
Being in Place: Landscape, Never Inscape 49
2. Bodies as Evidence (of Things Not Seen) 55
Secondhand Tales and Hearsay 59
Black Legibility—Can I Get a Witness? 72
Trying to Read Me 77
3. Composing Contract 89
"A novel-like tenor" 93
Passing and Protection 96
A Secluded Colored Neighborhood 102
Epilogue. When and Where "All the Dark-Glass Boys" Enter 111
A Contagion of Madness 113
Notes 127
References 139
Acknowledgments 145
Index 147
REQUEST ACCESSIBLE FILE
If you are a student who cannot use this book in printed form, BiblioVault may be able to supply you
with an electronic file for alternative access.
Please have the accessibility coordinator at your school fill out this form.
It can take 2-3 weeks for requests to be filled.
ABOUT THIS BOOK | AUTHOR BIOGRAPHY | REVIEWS | TOC | REQUEST ACCESSIBLE FILE