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Criminality and the Common Law Imagination in the 18th and 19th Centuries
Hardcover
Series: Edinburgh Critical Studies in Law, Literature and the Humanities
ISBN13: 9781474450102
Publisher: Edinburgh Univ Pr
Published: Apr 21 2020
Pages: 264
Weight: 1.15
Height: 0.80 Width: 6.40 Depth: 9.20
Language: English
By accessing penal history through the mediator of individual memory authors can be seen to depict the cumulative dialogue between the English common law and its cultural representations across historical time. Offering legal readings of works by authors including Thomas Hardy, Charles Brockden Brown, Charles Dickens, Samuel Richardson, George MacDonald, Charles Kingsley, Alfred Tennyson, Charlotte Brontë, Robert Browning, Henry Fielding and Sir Walter Scott; this book explores this literary phenomenon and its legal significance during the eighteenth and nineteenth centuries. In doing so it argues that the importance of precedent in Anglo-American common law creates a unique discourse of historical legitimacy that shapes both the cultural and official conceptions of criminality itself during this period. Within a Foucauldian framework, the book illustrates how the cultural memory of crime and punishment contribute to the development of formal and informal penal institutions.
Key Features:*Provides three case studies of adultery, child criminality, and rape testimony that demonstrate the impact of cultural narrative on legal development in the eighteenth and nineteenth centuries.
*Legal readings of works by authors including Thomas Hardy, Charles Brockden Brown, Charles Dickens, Samuel Richardson, George MacDonald, Charles Kingsley, Alfred Tennyson, Charlotte Brontë, Robert Browning, Henry Fielding, Sir Walter Scott
*Transformative readings of widely read works including Charles Brockden Brown's Wieland and Ormond, Thomas Hardy's Tess of the d'Urbervilles, Charles Kingsley's The Water-Babies, Alfred Tennyson's Idylls of the King, Charlotte Brontë's Jayne Eyre, Henry Fielding's The Modern Husband and Sir Walter Scott 's Heart of Midlothian
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