Legal Fictions

Constituting Race, Composing Literature

Karla FC Holloway

• Publisher: Duke University Press Books
• Year: 2013
• Print ISBN:
  9780822355953
  9780822355816
• eBook ISBN:
  9780822377054
• Topic: Law
• Subtopic: Law Theory & Practice
• Index: Law

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.

Table of contents

• Contents
• Preface
• Introduction: Bound by Law
• One: The Claims of Property: On Being and Belonging
• Two: Bodies as Evidence (of Things Not Seen)
• Three: Composing Contract
• Epilogue: When and Where “All the Dark-Glass Boys” Enter
• Notes
• References
• Acknowledgments
• Index