In this study of literature and law before and since the Civil War, Stephen M. Best shows how American conceptions of slavery, property, and the idea of the fugitive were profoundly interconnected. The Fugitive's Properties uncovers a poetics of intangible, personified property emerging out of antebellum laws, circulating through key nineteenth-century works of literature, and informing cultural forms such as blackface minstrelsy and early race films.

Best also argues that legal principles dealing with fugitives and indebted persons provided a sophisticated precursor to intellectual property law as it dealt with rights in appearance, expression, and other abstract aspects of personhood. In this conception of property as fleeting, indeed fugitive, American law preserved for much of the rest of the century slavery's most pressing legal imperative: the production of personhood as a market commodity. By revealing the paradoxes of this relationship between fugitive slave law and intellectual property law, Best helps us to understand how race achieved much of its force in the American cultural imagination. A work of ambitious scope and compelling cross-connections, The Fugitive's Properties sets new agendas for scholars of American literature and legal culture.

It passes for an unassailable truth that the slave past provides an explanatory prism for understanding the black political present. In None Like Us Stephen Best reappraises what he calls “melancholy historicism”—a kind of crime scene investigation in which the forensic imagination is directed toward the recovery of a “we” at the point of “our” violent origin. Best argues that there is and can be no “we” following from such a time and place, that black identity is constituted in and through negation, taking inspiration from David Walker’s prayer that “none like us may ever live again until time shall be no more.” Best draws out the connections between a sense of impossible black sociality and strains of negativity that have operated under the sign of queer. In None Like Us the art of El Anatsui and Mark Bradford, the literature of Toni Morrison and Gwendolyn Brooks, even rumors in the archive, evidence an apocalyptic aesthetics, or self-eclipse, which opens the circuits between past and present and thus charts a queer future for black study.