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Chapter Two - Miming the Law

Published online by Cambridge University Press:  17 October 2023

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Summary

Public opinion has its Bar as well as the law courts.

(WWLN II, 117)

Jacobite pamphleteers, spies, citizens in eighteenth-century coffee houses and ideologues such as Cobbett, all in their separate ways, sought to influence public opinion formation long before the self-appointed instruments and individuals of Trollope's Barsetshire.1 What is new, however, is a level of self-consciousness by “spokesmen” who claim to represent and influence public opinion, rather than merely criticize or subvert a preexisting order. As a wealthy surgeon, John Bold has no identifiable material selfinterest or ideological commitment to the causes he champions early in The Warden, only attempting to recover excessive tolls on a turnpike which he seldom uses. His is an ideologically disinterested pro bono advocacy, with only marginal interest in an issue of abstract injustice to which he calls public attention: a crucial distinction.

The infirm pensioners at Hiram's Hospital, socially invisible in their dotage, until awakened to an abstraction by an advocate who lacks even the unanimous support of his plaintiffs. They remain divided about endorsing his effort:

“We wants what John Hiram left us,” said Handy: “we wants what's ourn by law; it don't matter what we expected; what's ourn by law should be ourn.”

Law!” said Bunce, with all the scorn he knew how to command—“law! Did ye ever know a poor man yet was the better for law, or for a lawyer?”

(W 34, ital. added)

For some impoverished pensioners, apparently, going to law is a rich man's game; for others, possession is already established by historical deed as an inalienable gift.

The intriguing legal case advanced in The Warden hinges on a material revaluation— and hence possible redistribution—of the proceeds from a charitable bequest. The annual return now far exceeds the initial principal of the gift, willed four centuries previously by John Hiram: a bequest now in surplus. At issue is who should benefit from an unforeseeable surplus—an as-yet unrealized inflation in the value of rents. Should it be part of the “living” of the relatively impecunious and aging Warden Harding or to be used to increase the daily welfare allowance of the truly impoverished men in his custodial care? Although the bequest stems from a death contract (Hiram's will), the donor's original intention is no more recoverable than is Madame Neroni's marital status or familial entitlement. The contractual has lost all but historical relevance.

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Publisher: Anthem Press
Print publication year: 2023

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  • Miming the Law
  • Jan B. Gordon
  • Book: The Politics of Public Opinion in the Novels of Anthony Trollope
  • Online publication: 17 October 2023
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  • Miming the Law
  • Jan B. Gordon
  • Book: The Politics of Public Opinion in the Novels of Anthony Trollope
  • Online publication: 17 October 2023
Available formats
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To save content items to your account, please confirm that you agree to abide by our usage policies. If this is the first time you use this feature, you will be asked to authorise Cambridge Core to connect with your account. Find out more about saving content to Google Drive.

  • Miming the Law
  • Jan B. Gordon
  • Book: The Politics of Public Opinion in the Novels of Anthony Trollope
  • Online publication: 17 October 2023
Available formats
×