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Brook Thomas - American Literary Realism and the Failed Promise of Contract

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In law, the late nineteenth century is often called the Age of Contract; in literature, the Age of Realism. Brook Thomass new book brings contract and realism together to offer groundbreaking insights into both while exploring the social and cultural crises that accompanied Americas transition from industrial capitalism to the corporate capitalism of the twentieth century.Thomas argues that, radically conceived, contract promised to generate an equitable social order--one organized around interpersonal exchange rather than conformity to a transcendental standard. But as the idea of contract took center stage in American culture after the Civil War, the law failed to deliver on this promise, instead legitimating hierarchies of race, class, and gender. Moving expertly from legal analysis to social history, to profoundly recontextualized literary critique, Thomas shows how writers like Twain, James, Howells, and Chopin took up contract as a model, formally and thematically, evoking its possibilities and dramatizing its failures.Thomas investigates a host of issues at the forefront of public debate in the nineteenth century: race and the meaning of equality, miscegenation, marriage, labor unrest, economic transformation, and changes in notions of human agency and subjectivity. Cross-examining a wide range of key literary and legal texts, he rethinks the ways they relate to each other and to their social milieu.As recent political rhetoric demonstrates, the promise of contract is still very much alive. American Literary Realism and the Failed Promise of Contract challenges conventional critical wisdom and makes a broad, provocative, and nuanced contribution to legal and literary studies, as well as to intellectual and social history. It promises to revise and enrich our understanding of American culture, law, and letters.

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Page iii
American Literary Realism and the Failed Promise of Contract
Brook Thomas
UNIVERSITY OF CALIFORNIA PRESS
Berkeley / Los Angeles / London
Page iv
University of California Press
Berkeley and Los Angeles, California
University of California Press, Ltd.
London, England
First Paperback Printing 1998
1997 by the Regents of the University of California
Parts of some chapters of this book draw on previously published material.
Chapter 3: "The Construction of Privacy in and around The Bostonians," American Literature 64 (1992): 71947.
Chapter 5: "The Risky Business of Accessing the Economy of Howells's Realism in The Rise of Silas Lapham," REAL 11 (1995): 22753.
Chapter 7: "Tragedies of Race, Training, Birth, and Communities of Competent Pudd'nheads," American Literary History 1 (1989): 75485.
Library of Congress Cataloging-in-Publication Data
Thomas, Brook.
American literary realism and the failed promise of contract /
Brook Thomas.
p. cm.
Includes bibliographical references and index.
ISBN 0-520-2166-4 (pbk. : alk. paper)
1. American fiction19th centuryHistory and criticism.
2. Realism in literature. 3. Literature and societyUnited States
History19th century. 4. Promise (Law) in literature. 5. Social
ethics in literature. 6. Contracts in literature. 7. Law in literature.
8. Social status in literature. I. Title.
PS374.R37T48 1997
810.9'12dc20Picture 2Picture 3Picture 4Picture 5Picture 696-3719
Picture 7Picture 8Picture 9Picture 10Picture 11Picture 12Picture 13CIP
Manufactured in the United States of America
9 8 7 6 5 4 3 2 1
The paper used in this publication meets the minimum requirements of American National Standard for Information SciencesPermanence of Paper for Printed Library Materials, ANSI Z39.48-1984.
Page v
To Jayne
Page vii
Contents
Preface
ix
Acknowledgments
xiii
1. Introduction
1
2. Contract and the Road from Equity
25
3. Henry James and the Construction of Privacy
53
4. In the Hands of The Silent Partner and Spiritual Regulation in The Bread-Winners
88
5. The Rise of Silas Lapham and the Hazards of Realistic Development
122
6. Charles W. Chesnutt: Race and the Re-negotiation of the Federal Contract
156
7. Twain, Tourge, and the Logic of "Separate but Equal"
191
8. Corporate Liberalism, the Politics of Character, and Professional Management in Phillips's The Cost and Lynde's The Grafters
231

Page viii
9. The Question of Agency and Delivering the Promise
270
Notes
299
Index
349

Page ix
Preface
This book continues my work interrelating legal and literary history in the United States. A previous book, Cross-examinations of Law and Literature, focused on the years prior to the Civil War. This one looks at the end of the nineteenth century and the first few years of the twentieth. My general method remains the same. By "cross-examining" legal and literary history, I hope to present a perspective on both that is absent when they are studied separately, as they usually are. As a result, I tell a story about the culture and society, of which both legal and literary history are a part, that would not be told otherwise. That story is by no means the only story to be told. Nonetheless, it is, I believe, one that is worth telling.
If there is continuity between my earlier book and this one, there are also differences. The relation between law and literature did not remain static. Changes in it necessitate a different organizational principle. The first book juxtaposed important legal figures and their cases with important literary figures and their stories. Close family and class connections between the two professions enabled this structure. If by the 1850s the intricate alliance between lawyers and men of letters in the early years of the republic had broken down, close biographical connections remained. Those connections did not disappear, but increased professionalization did contribute to a growing split. In this book, rather than pair figures, I have structured material by bringing into relation contract, which took priority in the law, and realism, which was the major innovation in literature. Thus, if my first book claimed generally to bring together law and literature of a particular period, this one is concerned with specific aspects of both.
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