For many inside and outside the legal academy, the right place to look for law is in constitutions, statutes, and judicial opinions. This book looks for law in the “wrong places”—sites and spaces in which no formal law appears. These may be geographic regions beyond the reach of law, everyday practices ungoverned or ungovernable by law, or works of art that have escaped law’s constraints. Looking for Law in All the Wrong Places brings together essays by leading scholars of anthropology, cultural studies, history, law, literature, political science, race and ethnic studies, religion, and rhetoric, to look at law from the standpoint of the humanities. Beyond showing law to be determined by or determinative of distinct cultural phenomena, the contributors show how law is itself interwoven with language, text, image, and culture. Many essays in this volume look for law precisely in the kinds of “wrong places” where there appears to be no law. They find in these places not only reflections and remains of law, but also rules and practices that seem indistinguishable from law and raise challenging questions about the locations of law and about law’s meaning and function. Other essays do the opposite: rather than looking for law in places where law does not obviously appear, they look in statute books and courtrooms from perspectives that are usually presumed to have nothing to say about law. Looking at law sideways, or upside down, or inside out defamiliarizes law. These essays show what legal understanding can gain when law is denied its ostensibly proper domain. Contributors: Kathryn Abrams, Daniel Boyarin, Wendy Brown, Marianne Constable, Samera Esmeir, Daniel Fisher, Sara Ludin, Saba Mahmood, Rebecca McLennan, Ramona Naddaff, Beth Piatote, Sarah Song, Christopher Tomlins, Leti Volpp, Bryan Wagner

A richly nuanced cultural history of an enigmatic and controversial folktale Perhaps the best-known version of the tar baby story was published in 1880 in Uncle Remus: His Songs and His Sayings, and popularized in Song of the South, the 1946 Disney movie. Other versions of the story, however, have surfaced throughout the world, including in Nigeria, Brazil, Corsica, Jamaica, India, and the Philippines. The Tar Baby offers a fresh analysis of this deceptively simple story about a fox, a rabbit, and a doll made of tar and turpentine. Tracing its history and its connections to slavery, colonialism, and global trade, Bryan Wagner explores how the tar baby story, thought to have originated in Africa, came to exist in hundreds of forms on five continents. He concludes with twelve versions of the story transcribed from various cultures in the late nineteenth and early twentieth centuries.

A richly nuanced cultural history of an enigmatic and controversial folktale Perhaps the best-known version of the tar baby story was published in 1880 by Joel Chandler Harris in Uncle Remus: His Songs and His Sayings, and popularized in Song of the South, the 1946 Disney movie. Other versions of the story, however, have surfaced in many other places throughout the world, including Nigeria, Brazil, Corsica, Jamaica, India, and the Philippines. The Tar Baby offers a fresh analysis of this deceptively simple story about a fox, a rabbit, and a doll made of tar and turpentine, tracing its history and its connections to slavery, colonialism, and global trade. Bryan Wagner explores how the tar baby story, thought to have originated in Africa, came to exist in hundreds of forms on five continents. Examining its variation, reception, and dispersal over time, he argues that the story is best understood not merely as a folktale but as a collective work in political philosophy. Circulating at the same time and in the same places as new ideas about property and politics developed in colonial law and political economy, the tar baby comes to embody an understanding of the interlocking processes by which custom was criminalized, slaves were captured, and labor was bought and sold. Compellingly argued and ambitious in scope, the book concludes with twelve versions of the story transcribed from various cultures in the late nineteenth and early twentieth centuries.

For many inside and outside the legal academy, the right place to look for law is in constitutions, statutes, and judicial opinions. This book looks for law in the "wrong places"-sites and spaces in which no formal law appears. These may be geographic regions beyond the reach of law, everyday practices ungoverned or ungovernable by law, or works of art that have escaped law's constraints. Looking for Law in All the Wrong Places brings together essays by leading scholars of anthropology, cultural studies, history, law, literature, political science, race and ethnic studies, religion, and rhetoric, to look at law from the standpoint of the humanities. Beyond showing law to be determined by or determinative of distinct cultural phenomena, the contributors show how law is itself interwoven with language, text, image, and culture. Many essays in this volume look for law precisely in the kinds of "wrong places" where there appears to be no law. They find in these places not only reflections and remains of law, but also rules and practices that seem indistinguishable from law and raise challenging questions about the locations of law and about law's meaning and function. Other essays do the opposite: rather than looking for law in places where law does not obviously appear, they look in statute books and courtrooms from perspectives that are usually presumed to have nothing to say about law. Looking at law sideways, or upside down, or inside out defamiliarizes law. These essays show what legal understanding can gain when law is denied its ostensibly proper domain. Contributors: Kathryn Abrams, Daniel Boyarin, Wendy Brown, Marianne Constable, Samera Esmeir, Daniel Fisher, Sara Ludin, Saba Mahmood, Rebecca McLennan, Ramona Naddaff, Beth Piatote, Sarah Song, Christopher Tomlins, Leti Volpp, Bryan Wagner

The Wild Tchoupitoulas is a definitive expression of the modern New Orleans sound. From "Hey Pocky A-Way" to "Big Chief Got a Golden Crown," the album draws on carnival traditions stretching back a century, adapting songs from the Mardi Gras Indians. Music chanted in the streets with tambourines and makeshift percussion is transformed throughout the album into electric rhythm and blues accented funk, calypso, and reggae. The album bridges not only genres but generations, linking the improvised flow from group leader George Landry, better known as Big Chief Jolly, to the stacked harmony vocals by his nephews Aaron, Art, Charles, and Cyril--the core members of the soon-to-be-formed Neville Brothers, playing together here for the first time. With production from Allen Toussaint and support from The Meters, the city's preeminent funk ensemble, The Wild Tchoupitoulas brings an all-star brigade, pressing these old anthems into new arrangements that have since become carnival standards. In the process, the album helped to establish the terms by which processional second-line music in New Orleans would be commercialized through the record industry and the tourist trade, setting into motion a process that has raised more questions than it has answered about autonomy, authenticity, and appropriation under the conditions of a new cultural economy.

W. C. Handy waking up to the blues on a train platform, Buddy Bolden eavesdropping on the drums at Congo Square, John Lomax taking his phonograph recorder into a southern penitentiary some foundational myths of the black vernacular remain inescapable, even as they come under increasing pressure from skeptics.

In "Disturbing the Peace," Bryan Wagner revises the history of the black vernacular tradition and gives a new account of black culture by reading these myths in the context of the tradition s ongoing engagement with the law. Returning to some familiar examples (trickster tales, outlaw legends, blues lyrics) central to previous studies of the black vernacular expression, Wagner uses an analytic framework he has developed from the historical language of the law to give new and surprising analyses. Wagner s work draws both on his deep understanding of history and on a wealth of primary sources that range from novels to cartoons to popular ballads and early blues songs to newspapers and court reports. Through his innovative engagement with them, Wagner gives us a new and deeper understanding of black cultural expression, revealing its basis in the relational workings of African Americans in the social world.

Although few recognize the name of Bras-CoupA (c) today, Bryan Wagner's riveting history The Life and Legend of Bras-CoupA (c) illustrates why the saga of this notorious escaped slave should be a touchstone among scholars and students of the African diaspora. After losing an arm in a pitched battle with the New Orleans police in the 1830s, Bras-CoupA (c) hid for several years in a swamp near the city. During this time, law enforcement widely publicized their manhunt for him through newspapers, wanted posters, and other media. Messages from the mayor's office promoted a violent image of Bras-CoupA (c), casting him as the primary reason police needed the right to use deadly force in the course of their duties. After a former friend betrayed and killed the bandit in July 1837, local officials displayed Bras-CoupA (c)'s corpse in the Place d'Armes, where they ordered slaves to bear witness. The Bras-CoupA (c) legend grew after his death and took on fantastic dimensions. Storytellers gave him superpowers. His skin, it was alleged, could not be punctured by bullets. His gaze could turn men to stone. Folklorists have transcribed many such examples of the tradition, and writers, including George Washington Cable and Robert Penn Warren, have adapted it into novels. Over time, new details appeared in the mythology and the legend transformed. Some said that he was an African prince before he was kidnapped and brought to Louisiana; others, that he was the most famous performer at Congo Square, playing an indispensable role in the preservation of African music and dance. Sidney Bechet, one of the city's most celebrated composers and reed players, even suggested it was Bras-CoupA (c) who invented jazz. Including fugitive slave advertisements, arrest records, and journalism from the 1830s, this critical edition collects the most important primary materials related to Bras-CoupA (c)'s story. Wagner's timely and deft examination of this unique historical figure reveals how a single man's life, shaped by the horrors of slavery and the cultural mA (c)lange of Louisiana, can evolve into legend.