Book contents
- Frontmatter
- Introduction
- 1 The novel before “the novel”
- 2 Biographical form in the novel
- 3 Legal discourse and novelistic form
- 4 Novelistic history
- 5 Interiorities
- 6 Samuel Richardson
- 7 Domesticities and novel narratives
- 8 Obscenity and the erotics of fiction
- 9 Cognitive alternatives to interiority
- 10 The novel, the British nation, and Britain's four kingdoms
- 11 Money's productivity in narrative fiction
- 12 “The southern unknown countries”: imagining the Pacific in the eighteenth-century novel
- 13 Editorial fictions: paratexts, fragments, and the novel
- 14 Extraordinary narrators: metafiction and it-narratives
- 15 Romance redivivus
- 16 Gothic success and gothic failure: formal innovation in a much-maligned genre
- 17 Sir Walter Scott: historiography contested by fiction
- 18 How and where we live now: Edgeworth, Austen, Dickens, and Trollope
- 19 From Wollstonecraft to Gissing: the revolutionary emergence of women, children, and labor in novelistic narrative
- 20 Spaces and places (I): the four nations
- 21 Dickens, Charlotte Brontë, Gaskell: politics and its limits
- 22 Populations: pictures of prose in Hardy, Austen, Eliot, and Thackeray
- 23 The novel amid new sciences
- 24 George Eliot's past and present: emblematic histories
- 25 The Bildungsroman
- 26 The novel and social cognition: internalist and externalist
- 27 Clamors of eros
- 28 The novel as immoral, anti-social force
- 29 Sensations: gothic, horror, crime fiction, detective fiction
- 30 Realism and romance
- 31 Spaces and places (II): around the globe
- 32 Imperial romance
- 33 The art novel: Impressionists and aesthetes
- 34 The impact of lyric, drama, and verse narrative on novel form
- 35 Henry James and Joseph Conrad: the pursuit of autonomy
- 36 Joyce: the modernist novel's revolution in matter and manner
- 37 Richardson, Woolf, Lawrence: the modernist novel's experiments with narrative (I)
- 38 Wells, Forster, Firbank, Lewis, Huxley, Compton-Burnett, Green: the modernist novel's experiments with narrative (II)
- 39 Beyond autonomy: political dimensions of modernist novels
- 40 Fiction by women: continuities and changes, 1930–1990
- 41 The novel amid other discourses
- 42 The novel and thirty years of war
- 43 Thrillers
- 44 Novelistic complications of spaces and places: the four nations and regionalism
- 45 The series novel: a dominant form
- 46 The novel's West Indian revolution
- 47 Postwar renewals of experiment, 1945–1979
- 48 The novel amid new technology and media
- 49 Novels of same-sex desire
- 50 From Wells to John Berger: the social democratic era of the novel
- 51 The postcolonial novel: history and memory
- 52 History and heritage: the English novel's persistent historiographical turn
- 53 Twentieth-century satire: the poetics and politics of negativity
- 54 Unending romance: science fiction and fantasy in the twentieth century
- Select bibliography
- Index
- References
3 - Legal discourse and novelistic form
Published online by Cambridge University Press: 28 January 2012
Book contents
- Frontmatter
- Introduction
- 1 The novel before “the novel”
- 2 Biographical form in the novel
- 3 Legal discourse and novelistic form
- 4 Novelistic history
- 5 Interiorities
- 6 Samuel Richardson
- 7 Domesticities and novel narratives
- 8 Obscenity and the erotics of fiction
- 9 Cognitive alternatives to interiority
- 10 The novel, the British nation, and Britain's four kingdoms
- 11 Money's productivity in narrative fiction
- 12 “The southern unknown countries”: imagining the Pacific in the eighteenth-century novel
- 13 Editorial fictions: paratexts, fragments, and the novel
- 14 Extraordinary narrators: metafiction and it-narratives
- 15 Romance redivivus
- 16 Gothic success and gothic failure: formal innovation in a much-maligned genre
- 17 Sir Walter Scott: historiography contested by fiction
- 18 How and where we live now: Edgeworth, Austen, Dickens, and Trollope
- 19 From Wollstonecraft to Gissing: the revolutionary emergence of women, children, and labor in novelistic narrative
- 20 Spaces and places (I): the four nations
- 21 Dickens, Charlotte Brontë, Gaskell: politics and its limits
- 22 Populations: pictures of prose in Hardy, Austen, Eliot, and Thackeray
- 23 The novel amid new sciences
- 24 George Eliot's past and present: emblematic histories
- 25 The Bildungsroman
- 26 The novel and social cognition: internalist and externalist
- 27 Clamors of eros
- 28 The novel as immoral, anti-social force
- 29 Sensations: gothic, horror, crime fiction, detective fiction
- 30 Realism and romance
- 31 Spaces and places (II): around the globe
- 32 Imperial romance
- 33 The art novel: Impressionists and aesthetes
- 34 The impact of lyric, drama, and verse narrative on novel form
- 35 Henry James and Joseph Conrad: the pursuit of autonomy
- 36 Joyce: the modernist novel's revolution in matter and manner
- 37 Richardson, Woolf, Lawrence: the modernist novel's experiments with narrative (I)
- 38 Wells, Forster, Firbank, Lewis, Huxley, Compton-Burnett, Green: the modernist novel's experiments with narrative (II)
- 39 Beyond autonomy: political dimensions of modernist novels
- 40 Fiction by women: continuities and changes, 1930–1990
- 41 The novel amid other discourses
- 42 The novel and thirty years of war
- 43 Thrillers
- 44 Novelistic complications of spaces and places: the four nations and regionalism
- 45 The series novel: a dominant form
- 46 The novel's West Indian revolution
- 47 Postwar renewals of experiment, 1945–1979
- 48 The novel amid new technology and media
- 49 Novels of same-sex desire
- 50 From Wells to John Berger: the social democratic era of the novel
- 51 The postcolonial novel: history and memory
- 52 History and heritage: the English novel's persistent historiographical turn
- 53 Twentieth-century satire: the poetics and politics of negativity
- 54 Unending romance: science fiction and fantasy in the twentieth century
- Select bibliography
- Index
- References
Summary
. . . the customary law is a fiction from beginning to end: and it is in the way of fiction if at all that we must speak of it.
Jeremy Bentham, Of Laws in General (c. 1782)The Novel . . . gives a familiar relation of such things, as pass every day before our eyes, such as may happen to our friend, or to ourselves; and the perfection of it, is to represent every scene in so easy and natural a manner, and to them appear so probable, as to deceive us into a persuasion . . . that all is real.
Clara Reeve, The Progress of Romance (1785)The law, woven inextricably into the fabric of eighteenth-century English life, exercised a pervasive presence across social ranks. For most persons the law served as their main exposure to government and politics, but its associations stretched far beyond governance and state affairs. Literal and figurative reminders of the law passed every day before the eyes of the English populace in the form of public executions, marriage settlements, bankruptcies, gaming restrictions, debtors' prisons, land enclosures, wills, navy press gangs, deeds of ownership, estate disputes, to list only a few. Those and similar reminders also filled the pages of eighteenth-century fictional narratives. Reworked as plot devices, thematic threads, or instruments of verisimilitude, matters of law infused fictional narratives with the stuff of lived experience and contributed to their persuasiveness “that all is real.” It is perhaps unremarkable that eighteenth-century novels, given their concern with replicating the real of everyday experience, embraced the law. More noteworthy but less acknowledged is the extent to which the law embraced fiction.
Fictions of law arose “to resolve novel legal questions through arguments of equivalence and creative analogical reasoning”; they signify “the growing pains of the language of the law.” As English society shed its feudal past and moved steadily to a capitalist mode of operation, its legal system remained rooted in its medieval origins. When new situations occurred that existing laws either did not cover or could not handle adequately, fictions were devised and treated as fact in order to circumvent the inconveniences or inadequacies occasioned by outmoded jurisprudence.
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- Information
- The Cambridge History of the English Novel , pp. 46 - 62Publisher: Cambridge University PressPrint publication year: 2012
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