In 1837/1838: World Literature and Law

Critical Inquiry 47 (1):28-48 (2020)
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Abstract

However diverse and even conflicting definitions of world literature may be, there is a consensus in previous scholarship about circulation as a key defining feature. Being circulation modeled and (in)validated by a corpus of statutes, rules, and regulations, the absence of a law-oriented approach to world literature appears completely contradictory. This essay is a first step toward a more sustained treatment of world literature and law. Here I claim that in the late 1830s the history of world literature as mastered by the West started to change as a consequence of the first two international copyright laws in the world––the Prussian Statute of 11 June 1837 and the British Act of 31 July 1838. The Prussian law is discussed in relation to the evolution of the Collection of British Authors of the German firm Tauchnitz between 1841 and 1847 by paying special attention to the case of American writers. The British law, in turn, is discussed in relation to French piracies of works printed in the UK by focusing on Frances Trollope’s Domestic Manners of the Americans (1832). Both laws sowed the seeds of the 1886 Berne Convention, whereby a vast transcontinental geography with a population of over five hundred million people was created for the legal circulation of literary works.

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