Part of the American Literatures Initiative Series Neither Fugitive nor Free draws on the freedom suit as recorded in the press and court documents to offer a critically and historically engaged understanding of the freedom celebrated in the literary and cultural histories of transatlantic abolitionism. Freedom suits involved those enslaved valets, nurses, and maids who accompanied slaveholders onto free soil. Once brought into a free jurisdiction, these attendants became informally free, even if they were taken back to a slave jurisdiction—at least according to abolitionists and the enslaved themselves. In order to secure their freedom formally, slave attendants or others on their behalf had to bring suit in a court of law. Edlie Wong critically recuperates these cases in an effort to reexamine and redefine the legal construction of freedom, will, and consent. This study places such historically central anti-slavery figures as Frederick Douglass, Olaudah Equiano, and William Lloyd Garrison alongside such lesser-known slave plaintiffs as Lucy Ann Delaney, Grace, Catharine Linda, Med, and Harriet Robinson Scott. Situated at the confluence of literary criticism, feminism, and legal history, Neither Fugitive nor Free presents the freedom suit as a "new" genre to African American and American literary studies.

Neither Bond Nor Free draws heavily on real events and from the lives of historical figures to weave a tale of suffering and redemption in antebellum America. Across a violent landscape of virulent racial prejudice and hatred pitted against the aid and protection of free black communities and abolitionists of the Underground Railroad, self-emancipated refugees from the South’s Peculiar Institution navigate their way north to freedom in Canada. One highly literate mulatto’s escape from slavery intersects closely with the lives of free blacks and Quakers in a small Indiana community until the Fugitive Slave Act of 1850 shatters his hopes but not his indomitable desire to be free. In his adventures and struggle to fully secure his freedom, he makes surprising discoveries about the nature of suffering and his own humanity.

With a fresh interpretation of African American resistance to kidnapping and pre–Civil War political culture, Blind No More sheds new light on the coming of the Civil War by focusing on a neglected truism: the antebellum free states experienced a dramatic ideological shift that questioned the value of the Union. Jonathan Daniel Wells explores the cause of disunion as the persistent determination on the part of enslaved people that they would flee bondage no matter the risks. By protesting against kidnappings and fugitive slave renditions, they brought slavery to the doorstep of the free states, forcing those states to recognize the meaning of freedom and the meaning of states’ rights in the face of a federal government equally determined to keep standing its divided house. Through these actions, African Americans helped northerners and westerners question whether the constitutional compact was still worth upholding, a reevaluation of the republican experiment that would ultimately lead not just to Civil War but to the Thirteenth Amendment, ending slavery. Wells contends that the real story of American freedom lay not with the Confederate rebels nor even with the Union army but instead rests with the tens of thousands of self-emancipated men and women who demonstrated to the Founders, and to succeeding generations of Americans, the value of liberty.

Renowned legal historian Lawrence Friedman presents an accessible and authoritative history of American law from the colonial era to the present day. This fully revised fourth edition incorporates the latest research to bring this classic work into the twenty-first century. In addition to looking closely at timely issues like race relations, the book covers the changing configurations of commercial law, criminal law, family law, and the law of property. Friedman furthermore interrogates the vicissitudes of the legal profession and legal education. The underlying theory of this eminently readable book is that the law is the product of society. In this way, we can view the history of the legal system through a sociological prism as it has evolved over the years.

Illuminates the historical tensions between the legal paradigms of citizenship and contract, and in the emergence of free labour ideology in American culture

A Degraded Caste of Society traces the origins of twenty-first-century cases of interracial violence to the separate and unequal protection principles of the criminal law of enslavement in the southern United States. Andrew T. Fede explains how antebellum appellate court opinions and statutes, when read in a context that includes newspaper articles and trial court and census records, extended this doctrine to the South’s free Black people, consigning them to what South Carolina justice John Belton O’Neall called “a degraded caste of society,” in which they were “in no respect, on a perfect equality with the white man.” This written law either criminalized Black insolence or privileged private white interracial violence, which became a badge of slavery that continued to influence the law in action, contrary to the Constitution’s mandate of equal protection of the criminal law. The U.S. Supreme Court enabled this denial of equal justice, as did Congress, which did not make all private white racially motivated violence a crime until 2009, when it adopted the Matthew Shepard and James Byrd Jr. Hate Crimes Prevention Act. Fede’s analysis supports that law’s constitutionality under the Thirteenth Amendment, while suggesting why—during the Jim Crow era and beyond—equal protection of the criminal law was not always realized, and why the curse of interracial violence has been a lingering badge of slavery.

Americans have long regarded the freedom of travel a central tenet of citizenship. Yet, in the United States, freedom of movement has historically been a right reserved for whites. In this book, Elizabeth Stordeur Pryor shows that African Americans fought obstructions to their mobility over 100 years before Rosa Parks refused to give up her seat on a Montgomery bus. These were "colored travelers," activists who relied on steamships, stagecoaches, and railroads to expand their networks and to fight slavery and racism. They refused to ride in "Jim Crow" railroad cars, fought for the right to hold a U.S. passport (and citizenship), and during their transatlantic voyages, demonstrated their radical abolitionism. By focusing on the myriad strategies of black protest, including the assertions of gendered freedom and citizenship, this book tells the story of how the basic act of traveling emerged as a front line in the battle for African American equal rights before the Civil War. Drawing on exhaustive research from U.S. and British newspapers, journals, narratives, and letters, as well as firsthand accounts of such figures as Frederick Douglass, Harriet Jacobs, and William Wells Brown, Pryor illustrates how, in the quest for citizenship, colored travelers constructed ideas about respectability and challenged racist ideologies that made black mobility a crime.

After its heyday in the 1970s and 1980s, many wondered whether the law and literature movement would retain vitality. This collection of essays, featuring twenty-two prominent scholars from literature departments as well as law schools, showcases the vibrancy of recent work in the field while highlighting its many new directions. New Directions in Law and Literature furnishes an overview of where the field has been, its recent past, and its potential futures. Some of the essays examine the methodological choices that have affected the field; among these are concern for globalization, the integration of approaches from history and political theory, the application of new theoretical models from affect studies and queer theory, and expansion beyond text to performance and the image. Others grapple with particular intersections between law and literature, whether in copyright law, competing visions of alternatives to marriage, or the role of ornament in the law's construction of racialized bodies. The volume is designed to be a course book that is accessible to undergraduates and law students as well as relevant to academics with an interest in law and the humanities. The essays are simultaneously intended to be introductory and addressed to experts in law and literature. More than any other existing book in the field, New Directions furnishes a guide to the most exciting new work in law and literature while also situating that work within more established debates and conversations.

In the antebellum Natchez district, in the heart of slave country, black people sued white people in all-white courtrooms. They sued to enforce the terms of their contracts, recover unpaid debts, recuperate back wages, and claim damages for assault. They sued in conflicts over property and personal status. And they often won. Based on new research conducted in courthouse basements and storage sheds in rural Mississippi and Louisiana, Kimberly Welch draws on over 1,000 examples of free and enslaved black litigants who used the courts to protect their interests and reconfigure their place in a tense society. To understand their success, Welch argues that we must understand the language that they used--the language of property, in particular--to make their claims recognizable and persuasive to others and to link their status as owner to the ideal of a free, autonomous citizen. In telling their stories, Welch reveals a previously unknown world of black legal activity, one that is consequential for understanding the long history of race, rights, and civic inclusion in America.

Emancipatory Narratives & Enslaved Motherhood examines three major currents in the historiography of Brazilian slavery: manumission, miscegenation, and creolisation. It revisits themes central to the history of slavery and race relations in Brazil, updates the research about them, and revises interpretations of the role of gender and reproduction within them. First, about the preponderance of women and children in manumission; second, about the association of black female mobility with intimate inter-racial relations; third, about the racialised and gendered routes to freed status; and fourth, about the legacies of West African female socio-economic behaviours for modalities of family and freedom in nineteenth-century Salvador da Bahia, Brazil. The central concern within the book is how African and African descendant women navigated enslaved motherhood and negotiated the divide between enslavement and freedom for themselves and their children. The book is, therefore, organised around the subject position of the enslaved mother and the reproduction of her children in enslavement, while the condition of enslaved motherhood is examined through overlapping historical praxis evidenced in nineteenth-century Bahia: contested freedom, racialised mothering, and competing maternal interests - biological, ritual, surrogate. The point at which these interests converged historically was, it is argued, a conflict over black female reproductive rights.