Telling Abortion Stories

Michael Stokes Paulsen, University of St. Thomas School of Law, is publishing Kermit Gosnell and Uncle Tom's Cabin in the St. Thomas Journal of Law & Public Policy. Here is the abstract.

Stories persuade and illustrate in a way that pure logic does not. What Kermit Gosnell - the Butcher of Philadelphia - did is, in principle, no different from what any other abortionist does. This repulsive true crime story persuades and it is important for that reason. But the lesson we should draw from it – the logic of the parable, if you will – ought to be one about abortion and abortionists generally. The Kermit Gosnell story has the potential to function, for the anti-abortion movement, in much the same way that Harriet Beecher Stowe’s serialized novel Uncle Tom’s Cabin, functioned for the anti-slavery movement more than 150 years ago. It persuades the mind by first moving the heart and wrenching the soul. Kermit Gosnell is today’s Simon Legree. But Gosnell is no composite fictional character. He is the real-life face and voice of Abortion.

Download the article from SSRN at the link. 

Nables on Law, Literature, and the Civil War

Deak Nabers has published Victory of Law: The Fourteenth Amendment, the Civil War, and American Literature, 1852--1867 (J. Hopkins, 2006) .

From the book description:

In Victory of Law, Deak Nabers examines developing ideas about the nature of law as reflected in literary and political writing before, during, and after the American Civil War. Nabers traces the evolution of antislavery thought from its pre-war opposition to the constitutional order of the young nation to its ultimate elevation of the U.S. Constitution as an expression of the ideal of justice -- an ideal embodied in the Fourteenth Amendment.

Nabers shows how the intellectual history of the Fourteenth Amendment was rooted in literary sources -- including Herman Melville's Battle-Pieces, Harriet Beecher Stowe's Uncle Tom's Cabin, and William Wells Brown's Clotel -- as well as in legal texts such as Somerset v. Stewart, Dred Scott v. Sandford, and Charles Sumner's "Freedom National" address. Not only were prominent writers like Ralph Waldo Emerson and Frederick Douglass instrumental in remapping the relations between law and freedom, but figures like Sumner and John Bingham helped develop a systematic antislavery reading of the Constitution which established literary texts as sources for legal authority.

This interdisciplinary study sheds light on the transformative significance of emerging legalist and constitutionalist forms of antislavery thinking on the literature of the 1850s and 1860s and the growing centrality of aesthetic considerations to antebellum American legal theory and practice -- the historical terms in which a distinctively American cultural identity was conceived.