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Shifting the Blame

Literature, Law and the Theory of Accidents in Nineteenth-Century America

Hardcover

Published: 1st July 1998
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Drawing on legal cases, legal debates, and fiction including works by James Fenimore Cooper, Mark Twain, Stephen Crane, and Charles Chesnutt, Nan Goodman investigates changing notions of responsibility and agency in nineteenth-century America. By looking at accidents and accident law in the industrializing society, Goodman shows how courts moved away from the doctrine of strict liability to a new notion of liability that emphasized fault and negligence." Shifting the Blame" reveals the pervasive impact of this radically new theory of responsibility in understandings of industrial hazards, in manufacturing dangers, and in the stories that were told and retold about accidents.

In exciting tales of the actions of "good Samaritans" or of sea, steamboat, or railroad accidents, features of risk that might otherwise escape our attention--such as the suddenness of impact, the encounter between strangers, and the debates over blame and responsibility--were reconstructed in a manner that revealed both imagined and actual solutions to one of the most difficult philosophical and social conflicts in the nineteenth-century United States. Through literary and legal stories of accidents, Goodman suggests, we learn a great deal about what Americans thought about blame, injury, and individual responsibility in one of the most formative periods of our history.

Acknowledgments
Introductionp. 3
A Clear Showing: The Problem of Fault in James Fenimore Cooper's The Pioneersp. 15
Negligence before the Mast: Ship Collisions and the Nautical Literature of the Mid-Nineteenth Centuryp. 35
"Nobody to Blame": Steamboat Accidents and Responsibility in Twainp. 65
The Law of the Good Samaritan: Cross-Racial Rescue in Stephen Crane and Charles Chesnuttp. 98
Stop, Look, and Listen: The Signs and Signals of the Railroad Accidentp. 133
Epiloguep. 159
Notesp. 171
Indexp. 193
Table of Contents provided by Syndetics. All Rights Reserved.

ISBN: 9780691011998
ISBN-10: 0691011990
Audience: Tertiary; University or College
Format: Hardcover
Language: English
Number Of Pages: 212
Published: 1st July 1998
Dimensions (cm): 24.282 x 16.18  x 2.057
Weight (kg): 0.454