Rebecca Ruth Gould deposited “Justice Deferred: Legal Duplicity and the Scapegoat Mentality in Paul Laurence Dunbar’s Jim Crow America,” Law & Literature (2019) in the group Legal history on Humanities Commons 4 months, 4 weeks ago
Although best known as a poet, African-American writer Paul Laurence Dunbar (1872-1906) developed a unique voice in his fiction. This essay explores the bifurcation Dunbar discerned between the law as an instrument of justice and as a stabilizer of the segregationist status quo in Jim Crow America. Dunbar’s characters systematically scapegoated for crimes they did not commit in order to expose the law’s precarious relationship to justice. His treatment of lynching as a manifestation of the scapegoat mechanism links this practice to a political theory of violence, whereby the innocent are punished for the crimes of the guilty, and society requires their sacrifice in order to redeem its guilt. Without relinquishing his faith in the law, Dunbar used prose narratives to expose the disjuncture between law and justice made manifest by the US Supreme Court’s rationalization of racial discrimination in Plessy v. Ferguson (1896). Beyond considering the light Dunbar sheds on the relationship between law and justice, I locate these interventions within a longer history of thinking about the role of the writer as a scapegoat who enables society to sin without experiencing guilt.