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Criminality and the Common Law Imagination in the 18th and 19th Centuries

Criminality and the Common Law Imagination in the 18th and 19th Centuries

  • 作者:
  • 出版商: Edinburgh University Press
  • ISBN: 9781474450102
  • 出版时间 April 2020
  • 规格: Hardback
  • 适应领域: Scotland ? 免责申明:
    Countri(es) stated herein are used as reference only
  • Paperback Edition ISBN: 9781474450119
¥1,044.81
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  • 描述 
  • 大纲 
  • 详细

    A new framework for examining the relationship between individual and cultural trauma, literary texts and common law.

    • Performs transformative interdisciplinary readings of a range of literary and legal texts across a 200-year period
    • Uncovers the connections between the individual and collective memories of law and crime that affected the development of the law itself
    • Draws on three case studies – adultery, child criminality and rape testimony – to demonstrate the impact of cultural narrative on legal development in the 18th and 19th centuries

    Erin Sheley shows how the symbolic relationship between adultery and threatened English sovereignty created a quasi-criminal legal discourse surrounding the private wrong of adultery; how the literary ‘construction’ of childhood by 19th-century fairy tale writers affected the development of the juvenile justice system; and how evolving rules about rape victim 'character evidence' functioned as epistemological components of volatile national identity.

    Readings include:

  • Charles Brockden Brown's 'Wieland and Ormond'
  • Thomas Hardy's 'Tess of the d'Urbervilles'
  • Charles Kingsley's 'The Water-Babies'
  • George MacDonald's 'The Lost Princess'
  • Alfred, Lord Tennyson's 'Idylls of the King'
  • Charlotte Brontë's 'Jane Eyre'
  • Henry Fielding's 'The Modern Husband'
  • Sir Walter Scott's 'Heart of Midlothian'
  • Samuel Richardson's 'Clarissa'
  • Introduction: The Tolbooth Door
    Part I: Adultery as Actus Reus
    1. Adultery, Criminality, and the Myth of English Sovereignty
    2. The Gothic Law of Marriage
    Part II: Child Criminality as Mens Rea
    3. ‘The Faerie Court’ of Child Punishment
    Part III: The Rape Victim as Evidence
    4. The Rape Novel and Reputation Evidence
    5. Literary Rape Trials and the Trauma of National Identity
    Coda: Leaving Midlothian
    Bibliography
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