In American Literary Realism and the Failed Promise of Contract, the author explores the interplay between contract law and literary realism in late nineteenth-century America, a time when both contract law and realism shaped cultural, legal, and social landscapes. The text argues that while contract law in theory emphasized the freedom to negotiate obligations among individuals, it fell short in practice by failing to dismantle deeply entrenched inequalities associated with race, class, and gender. The era’s literature mirrored this dynamic, as authors highlighted the gap between the idealized promises of contractual freedom and the enduring constraints of status. Through this lens, literary realism not only reflected society’s inequities but also critiqued the legal and social systems that perpetuated them.
Realism, which sought to represent everyday life in a grounded, unembellished way, intersected with the contract’s promise by portraying social relations as complex and negotiated, yet constrained by systemic hierarchies. Works like Twain's Adventures of Huckleberry Finn and James’s The American evoke moments where relationships of status could theoretically transform into equitable, "contractual" interactions. However, these fictional moments of promise often falter, reflecting contract's inability to establish a truly egalitarian social order. The rise of corporate capitalism further complicated contract’s promise, as corporations fostered a form of economic structure that subordinated individual agency, reinforcing rather than alleviating social inequities.
The text also considers how these issues resonate today, especially as contractual ideals influence contemporary notions of social justice. While the promise of contract continues to appeal to a vision of equal opportunity, the persistent influence of race, class, and gender hierarchies complicates its realization. The author suggests that revisiting works of realism offers valuable insights into these ongoing tensions, challenging readers to reimagine a society where individuals might genuinely be “free and equal,” not just in theory but in practice. In doing so, this book presents realism not as an endorsement of the status quo but as a field of critical inquiry, urging us to address the unresolved questions about equity that persist in American society.
This title is part of UC Press's Voices Revived program, which commemorates University of California Press’s mission to seek out and cultivate the brightest minds and give them voice, reach, and impact. Drawing on a backlist dating to 1893, Voices Revived makes high-quality, peer-reviewed scholarship accessible once again using print-on-demand technology. This title was originally published in 1997.
