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The law holds up a mirror to society and reflects that society and its ongoing preoccupations. This book establishes legal interpretation as a mode of literary interpretation, contextualising the opinions and sociological background of literature within the context of the law of its period and examines the inherent role of the law in the construction of the narrative in the literature of the nineteenth century. From the approach to the operation of jurisprudence and legal application, to the prosecution of the poor, the criminological approach to moral panics and the use of the affirmative defence to mitigate women within society, this book explores the ways in which the authors of the period used the novel form as a way of challenging and critiquing the legal operating model of the world in which their characters found themselves; examining the way in which the authors of the period used the novel as a means of critiquing the nature of the role of the law within society, its impact upon the general public, and the reciprocity which exists between legal ideals and the society which manifests those ideals through thought and action. This is a useful text for students of nineteenth-century literature or the law.
Situated at the intersection of law and literature, nineteenth-century studies and post-colonialism, Colonial Law in India and the Victorian Imagination draws on original archival research to shed new light on Victorian literature. Each chapter explores the relationship between the shared cultural logic of law and literature, and considers how this inflected colonial sociality. Leila Neti approaches the legal archive in a distinctly literary fashion, attending to nuances of voice, character, diction and narrative, while also tracing elements of fact and procedure, reading the case summaries as literary texts to reveal the common turns of imagination that motivated both fictional and legal narratives. What emerges is an innovative political analytic for understanding the entanglements between judicial and cultural norms in Britain and the colony, bridging the critical gap in how law and literature interact within the colonial arena.
The Child, the State, and the Victorian Novel traces the the story of victimized childhood to its origins in nineteenth-century Britain. Almost as soon as "childhood" became a distinct category, Laura C. Berry contends, stories of children in danger were circulated as part of larger debates about child welfare and the role of the family in society. Berry examines the nineteenth-century fascination with victimized children to show how novels and reform writings reorganize ideas of self and society as narratives of childhood distress. Focusing on classic childhood stories such as Oliver Twist and novels that are not conventionally associated with particular social problems, such as Dickens's Dombey and Son, the Brontë sisters' Wuthering Heights and The Tenant of Wildfell Hall, and George Eliot's Adam Bede, Berry shows the ways in which fiction that purports to deal with private life, particularly the domain of the family, nevertheless intervenes in public and social debates. At the same time she examines medical, legal, charitable, and social-relief writings to show how these documents provide crucial sources in the development of social welfare and modern representations of the family.
Examines the shared cultural genealogy of popular Victorian novels and judicial opinions of the Privy Council.
The Oxford Handbook of the Victorian Novel contributes substantially to a thriving scholarly field by offering new approaches to familiar topics as well as essays on topics often overlooked.
Reading major novels by George Eliot, Anthony Trollope, and Wilkie Collins, Common Precedents shows that precedential reasoning enjoyed widespread cultural significance in the nineteenth-century as a means of preserving a sense of common history, values, and interests in the face of a new heterogeneous society. Enabling the recognition of the new and its assimilation as part of a continuous past, Ayelet Ben-Yishai argues that the binding force of precedent also functions as the binding element of an always shifting commonality, pulling it together in the face of rupture and dispersion. By appearing to bring the past seamlessly into the present, the form of legal precedent became vital to the preservation of a sense of commonality and continuity crucial to the common law and Victorian legal culture. But the impact of precedent extended beyond legal practices and institutions to the culture at large, and especially to its fiction. Ben-Yishai argues that understanding the structure of precedent also explains fictional form: how fictionality works, its epistemology, and the ways in which its commonalities are socially constructed, maintained, and reified.
Placing the popular genre of neo-Victorian fiction within the context of the contemporary cultural fascination with the Victorians, this book argues that these novels are distinguished by a commitment to historical specificity and understands them within their contemporary context and the context of Victorian historical and literary narratives.
Imagining Women's Property in Victorian Fiction reframes how we think about Victorian women's changing economic rights and their representation in nineteenth-century novels. The reform of married women's property law between 1856 and 1882 constituted one of the largest economic transformations England had ever seen, as well as one of its most significant challenges to family traditions. By the end of this period, women who had once lost their common-law property rights to their husbands reclaimed their own assets, regained economic agency, and forever altered the legal and theoretical nature of wedlock by doing so. Yet in literary accounts, reforms were neither as decisive as the law implied nor limited to marriage. Legal rights frequently clashed with other family claims, and the reallocation of wealth affected far more than spouses or the marital state. Competition between wives and children is just one of many ways in which Victorian fiction suggests the perceived benefits and threats of property reform. In nineteenth-century fiction, portrayals of women's claims to ownership provide insight into the social networks forged through property transactions and also offer a lens to examine a wide range of other social matters, including testamentary practices, wills, and copyright law; economic and evolutionary models of mutuality; the twin dangers of greed and generosity; inheritance and custody rights; the economic ramifications of loyalty and family obligation; and the legacy of nineteenth-century economic practices for women today. Understanding the reform of married women's property as both an ideologically and materially substantial redistribution of the nation's wealth as well as one complicated by competing cultural traditions, this book explores the widespread ways in which women's financial agency was imagined by fiction that engages with but also diverges from the law in accounts of economic choices and transactions. Repeatedly, narratives by Austen, Dickens, Gaskell, Trollope, Eliot, and Oliphant suggest both that the law is inadequate to account for the way that property enables and disrupts relationships, and that the form of the Victorian novel - in its ability to track intimate and intricate exchanges across generations - is better suited to such tasks.
This book is the study of a religious metaphor: the idea of God as a mother, in British and US literature 1850–1915. It uncovers a tradition of writers for whom divine motherhood embodied ideals felt to be missing from the orthodox masculine deity. Elizabeth Gaskell, Josephine Butler, George Macdonald, Frances Hodgson Burnett and Charlotte Perkins Gilman independently reworked their inherited faith to create a new symbol that better met their religious needs, based on ideal Victorian notions of motherhood and ‘Mother Nature’. Divine motherhood signified compassion, universal salvation and a realised gospel of social reform led primarily by women to establish sympathetic community. Connected to Victorian feminism, it gave authority to women’s voices and to ‘feminine’ cultural values in the public sphere. It represented divine immanence within the world, often providing the grounds for an ecological ethic, including human–animal fellowship. With reference also to writers including Charlotte Brontë, Anna Jameson, Charles Kingsley, Elizabeth Charles, Theodore Parker, Harriet Beecher Stowe, Mary Baker Eddy and authors of literary utopias, this book shows the extent of maternal theology in Victorian thought and explores its cultural roots. The book reveals a new way in which Victorian writers creatively negotiated between religious tradition and modernity.
This book brings together the experiences of Anglo-American teachers and discusses some of the challenges which face teachers of nineteenth-century fiction, suggesting practical ways in which these might start to be overcome by considering the constantly changing canon, issues related to course design and the possibilities offered by film and ICT.