Fiction and the Law: Legal Discourse in Victorian and by Kieran Dolin

By Kieran Dolin

Legislation and literature were of the main strong discourses within the building of social fact. the connection among the 2 has emerged as an essential new quarter of research, as literature has encouraged renowned figuring out of legislation. using felony and literary idea, Kieran Dolin examines the interaction among criminal discourse and the unconventional within the century among Walter Scott and E. M. Forster. This complete learn attracts on felony and literary conception to track this significant convergence of disciplines in a chain of canonical Victorian and Modernist texts.

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Extra resources for Fiction and the Law: Legal Discourse in Victorian and Modernist Literature

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But very nearly the whole of that part of the criminal law which deals with property will have become obsolete. . Those who nevertheless still do commit crimes will not be blamed or regarded as wicked: they will be regarded as unfortunate and kept in some kind of mental hospital until it is thought they are no longer a danger. 70 In Russell’s innocent and idealistic replacement of the court by the hospital, and moral discourse by social-scientific discourse, may be traced the outline of an emerging bureaucratic regime of the norm.

Is] not the source, but the consequence of the rights of individuals . 44 Dicey’s ideas, though controversial, had great influence both educationally and politically,45 and they remain the best-known nineteenthcentury articulation of the subject. Even when originally delivered, The modern Western nomos 37 however, they did not comprehend the amount of legislative and bureaucratic activity generated in the modern state and their unqualified terms provided a distorted picture of its legal and administrative practice, particularly with reference to the discretionary power of administrators and administrative law generally.

Once again, enquiries and legislation attempted to reduce the delays, cost, and formal technicality of the inherited common law and equity systems. As I shall demonstrate in chapter four, Dickens actively intervened in the reform of Chancery, not only through his journalism, but through the satire and symbolism of Bleak House. His novel was begun in the same year as one of the Chancery Procedure Acts (1851). Simon Petch has shown that the reform of equity, culminating in its “fusion” with common law under the Judicature Acts of 1873 and 1875, entailed philosophical as well as practical considerations.

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