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In this volume of essays, scholars of the interdisciplinary field of law and literature write about the role of emotion in English law and legal theory in the late eighteenth and early nineteenth centuries. The law's claims to reason provided a growing citizenry that was beginning to establish its rights with an assurance of fairness and equity. Yet, an investigation of the rational discourse of the law reveals at its core the processes of emotion, and a study of literature that engages with the law exposes the potency of emotion in the practice and understanding of the law. Examining both legal and literary texts, the authors in this collection consider the emotion that infuses the law and find that feeling, sentiment and passion are integral to juridical thought as well as to specific legislation.
Through interdisciplinary readings of a range of literary and legal texts across a 200-year period, this book uncovers the connections between the individual and collective memories of law and crime that affected the development of the law itself. It draws on 3 case studies adultery, child criminality and rape testimony that 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.
Through interdisciplinary readings of a range of literary and legal texts across a 200-year period, this book uncovers how the cultural narrative affected the development of the law itself in the 18th and 19th centuries in three case studies: adultery, child criminality and rape testimony.
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