Pudd'nhead Wilson
“Fiction of law and custom” that made an individual a black slave. What does it mean?
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In context, Twain is referring to Roxy's race, and the fact that although she was only one sixteenth black, she was deemed black, and as such, she was considered a slave.
To all intents and purposes Roxy was as white as anybody, but the one sixteenth of her which was black outvoted the other fifteen parts and made her a negro. She was a slave, and salable as such. Her child was thirty-one parts white, and he, too, was a slave, and by a fiction of law and custom a negro.
Pudd'nhead Wilson