Imagining the Law: The Novel

doi:10.1017/CBO9780511657535.009

8 - Imagining the Law: The Novel

Published online by Cambridge University Press: 20 January 2010

Susan Sage Heinzelman

Edited by

Austin Sarat ,

Matthew Anderson and

Cathrine O. Frank

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Austin Sarat: Affiliation:
Amherst College, Massachusetts
Matthew Anderson: Affiliation:
University of New England, Maine
Cathrine O. Frank: Affiliation:
University of New England, Maine

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Summary

The title of this chapter succinctly captures the terms that are in play when we talk about the relationship between the novel and the law. To represent law in the form of the novel is, in the most obvious sense, an act of the imagination, but “to imagine” the law also implies that the law does not exist prior to that act of the imagination, that it has no objective reality outside of the literary or cultural forms that invoke its presence. The implication that the law is not a “thing,” that it endures only because of its discursive and material effects, has wide-reaching and potentially dangerous political and social consequences, not the least of which is the challenge those effects might pose to law's authority. Moreover, specifically representing law in literature might further undermine its authority given the ancient suspicion against poesis (or “making”) as that which threatens the supposedly transcendent and nonhuman source of law's authority (identified either as divine or based on objective reason). At particular historical moments, of course, the social, moral, and aesthetic standing of specific literary genres can either promote or undermine law's authority – thus the high value placed on dramatic representations in antiquity would, when combined with the representation of legal events, reinforce law's privileged status in that culture.

This chapter focuses on the affiliation between the novel and the law, an affiliation that involves a delicate balancing act between the demands inherent in affirming the status of the rule of law and the generic demands of the novel, the most obvious of which is the commonly held assumption that law seeks the “truth,” whereas the novel relies on “fiction.

Type: Chapter
Information: Law and the Humanities
An Introduction
, pp. 213 - 240

DOI: https://doi.org/10.1017/CBO9780511657535.009 [Opens in a new window]

Publisher: Cambridge University Press

Print publication year: 2009

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References

Bakhtin, M. M., The Dialogic Imagination. Holquist, Michael, ed., Emerson, Caryl and Holquist, Michael, trans. (Austin: University of Texas Press, 1981)Google Scholar

Hale, Dorothy J., Social Formalism: The Novel in Theory from Henry James to the Present (Stanford: Stanford University Press, 1998)Google Scholar

Jameson, Fredric, The Political Unconscious: Narrative as a Socially Symbolic Act (Ithaca, NY: Cornell University Press, 1981)Google Scholar

Marxism and Literature (Oxford: Oxford University Press, 1977)

Bender, John, Imagining the Penitentiary: Fiction and the Architecture of Mind in Eighteenth-Century England (Chicago: University of Chicago Press, 1987) 11Google Scholar

Grossman, Jonathan H., The Art of the Alibi: English Law Courts and the Novel (Baltimore: Johns Hopkins University Press, 2002)

Watt, Ian, The Rise of the Novel: Studies In Defoe, Richardson, and Fielding (Berkeley: University of California Press, 1957) 32, 34Google Scholar

Warner, William B., Licensing Entertainment: The Elevation of Novel Reading in Britain, 1684–1750. (Berkeley: University of California Press, 1998)Google Scholar

Paulson, Ronald, Satire and the Novel in Eighteenth-Century England (New Haven: Yale University Press, 1967) 106Google Scholar

Bell, Ian A., Literature and Crime in Augustan England (London: Routledge, 1991) 9Google Scholar

Lovell, Terry, Consuming Fiction (London: Verso Press, 1987)Google Scholar

Davis, Lennard, Factual Fictions: The Origins of the English Novel (New York: Columbia University Press, 1983)Google Scholar

Faller, Lincoln, Turned to Account: The Forms and Functions of Criminal Biography in Late Seventeenth- and Early Eighteenth-Century England (Cambridge: Cambridge University Press, 1987)CrossRef Google Scholar

Zomchick, John P., Family and the Law in Eighteenth-Century Fiction: The Public Conscience in the Private Sphere (Cambridge: Cambridge University Press, 1993)CrossRef Google Scholar

Bator, Paul G., “Rhetoric and the Novel in the Eighteenth-Century British Curriculum,” Eighteenth-Century Studies 30 (Winter 1996–97) 173–195CrossRef Google Scholar

Bartolomeo, Joseph F., A New Species of Criticism: Eighteenth-Century Discourse on the Novel (Newark: University of Delaware Press, 1994)Google Scholar

Bertelsen, Lance's Henry Fielding at Work: Magistrate, Businessman, Writer (New York: Palgrave, 2000)CrossRef Google Scholar

Goodrich, Peter, “Gynaetopia: Feminine Genealogies of Common Law,” Journal of Law and Society 20, no. 3 (Autumn 1993) 2, 4CrossRef Google Scholar

Nobody's Story: The Vanishing Acts of Women Writers in the Marketplace 1670–1820 (Berkeley: University of California Press, 1994)

Damrosch, Jr Leopold., God's Plot & Man's Stories: Studies in the Fictional Imagination from Milton to Fielding (Chicago: University of Chicago Press, 1985)Google Scholar

Shapiro, Barbara, Probability and Certainty in Seventeenth-Century England: A Study of the Relationships between Natural Science, Religion, History, Law, and Literature (Princeton, NJ: Princeton University Press, 1983)Google Scholar

“Beyond Reasonable Doubt” and “Probable Cause”: Historical Perspectives on the Anglo-American Law of Evidence (Berkeley: University of California Press, 1991)

Staves, Susan, Married Women's Separate Property in England, 1660–1833 (Cambridge, MA: Harvard University Press, 1990)CrossRef Google Scholar

Schmidgen, Wolfram, Eighteenth-Century Fiction and the Law of Property (Cambridge: Cambridge University Press, 2002)CrossRef Google Scholar

Brewer, John and Staves, Susan, eds., Early Modern Conceptions of Property (London: Routledge, 1995)

Welsh, Alexander, Strong Representations: Narrative and Circumstantial Evidence in England (Baltimore: Johns Hopkins University Press, 1992)Google Scholar

Desire and Domestic Fiction: A Political History of the Novel (New York: Oxford University Press, 1987)

Maine, Sir Henry, Ancient Law, Pollock, Sir Frederick, ed., preface by Firth, Raymond (Boston: Beacon Press, 1963) 165Google Scholar

Tromp, Marlene, The Private Rod: Marital Violence, Sensation, and the Law in Victorian England (Charlottesville: University of Virginia Press, 2000)Google Scholar

Surridge, Lisa, Bleak Houses: Marital Violence in Victorian Fiction (Athens: Ohio University Press, 2005)CrossRef Google Scholar

MacPherson, Sandra, “Rent to Own; or What's Entailed in Pride and Prejudice,” 82 Representations (Spring, 2003) 1–23CrossRef Google Scholar

Austen, Jane, Pride and Prejudice, Gray, Donald, ed. (New York: W. W. Norton & Co., 2001) 25Google Scholar

Tompkins, Jane, Sensational Designs: The Cultural Work of American Fiction, 1790–1860 (New York: Oxford University Press, 1985)Google Scholar

Davidson, Cathy N., Revolution and the Word: The Rise of the Novel in America (New York: Oxford University Press, 1986)Google Scholar

Dimock, Wai Chee, Residues of Justice: Literature, Law, Philosophy (Berkeley: University of California Press, 1996)Google Scholar

Novak, Maximillian E., Realism, Myth, and History in Defoe's Fiction (Lincoln: University of Nebraska Press, 1983) 125Google Scholar

Miller, D. A., The Novel and the Police (Berkeley: University of California Press, 1988) 5Google Scholar

Foucault, Michel, Discipline and Punish, Sheridan, Alan, trans. (New York: Pantheon, 1977)Google Scholar

Rodensky, Lisa, The Crime in the Mind: Criminal Responsibility and the Victorian Novel (New York: Oxford University Press, 2003) 16Google Scholar

Dickens, Charles, Bleak House (New York: Bantam, 1992) 1Google Scholar

Cvetokovich, Ann, Mixed Feelings: Feminism, Mass Culture, and Victorian Sensationalism (New Brunswick, NJ: Rutgers University Press. 1992) 45Google Scholar

Brooks, Peter's Troubling Confessions (Chicago: University of Chicago Press, 2000)Google Scholar

Nabokov, Vladimir, The Annotated LolitaAppel, Jr Alfred., ed. (New York: Vintage, 1991) 5Google Scholar

Warner, William B., Licensing Entertainment: The Elevation of Novel Reading in Britain, 1684–1750 (Berkeley: University of California Press, 1998) 151Google Scholar