Categorizing Identity: Literary, Performative, and Legal Languages in Oscar Wilde’s Libel Trial vs the Marquess of Queensberry

2020 ◽  
Author(s):  
Fred Hook
Keyword(s):  
Criminal Trials ◽  
Child Prostitution ◽  
Picture Of Dorian Gray ◽  
The Law ◽  
Dorian Gray ◽  
Concrete Image ◽  
The Way

Wilde has been generally accepted as one of the first figures of the queer man that is now known, however, how he came to represent this identity has not been much discussed. While his criminal trials, which led to his eventual conviction of ‘gross indecency,’ undoubtedly played a strong part on his emerging portrayal as a gay man, his first trial involving a libel suit against the Marquess of Queensberry is little discussed in relation to the start of his downfall and portrayal as a gay man. Thus, this project looks at Oscar Wilde’s libel trial and its effects on the identity of the homosexual man. By looking at the language used in the libel trial and its use of The Picture of Dorian Gray as evidence, the project concludes that by using the interpretations of Wilde’s novel during the trial, the law created a concrete image of what ‘gross indecency between men’ was, and of the type of person who participated in it, using Wilde as a representative for this identity. The way that his identity was forged allows us to see that while homosexuality as a way of being began to take shape thanks to Wilde’s trial, it was still imbued with negative connotations and seen as pederastic, tying it to anxieties around child prostitution and trafficking of the 1800s. The development of this new identity and its portrayal betters the understanding of the vilification of Wilde during his downfall and his novel’s role in this.

scholarly journals Standardisation in translated language

2021 ◽  
pp. 178-209
Author(s):  
María Victoria Valencia Giraldo
Keyword(s):  
Oscar Wilde ◽  
Literary Work ◽  
Spanish Translation ◽  
Picture Of Dorian Gray ◽  
Colombian Spanish ◽  
The Law ◽  
Dorian Gray

The law of growing standardisation (Toury 1995) appears to be particularly at play in diatopy, and more specifically in the case of transnational languages. Some studies have revealed the tendency to standardise the diatopic varieties of Spanish in translated language (Corpas Pastor 2015a, 2015b, 2017, 2018). However, to our knowledge, no work has studied this tendency in the Spanish translations of a literary work. This paper focuses on verb + noun (object) collocations of Spanish translations of The Picture of Dorian Gray by Oscar Wilde. Two different varieties have been chosen (Peninsular and Colombian Spanish). The techniques used to translate this type of collocations in both Spanish translations will be analysed. Further, the diatopic distribution of these collocations will be studied by means of large corpora. Based on the results, it is argued that the Colombian Spanish translation is actually closer to general or standard Spanish than to the variety of this country.

Addressing the Adversarial Deficit in Non-Jury Criminal Trials

1997 ◽  
Vol 31 (1-3) ◽  
pp. 645-689 ◽  
Author(s):  
John D. Jackson ◽  
Sean Doran
Keyword(s):  
Legal Profession ◽  
Criminal Trials ◽  
Legal Scholarship ◽  
Legal Proceedings ◽  
American Scholar ◽  
Rules Of Evidence ◽  
Evidence Law ◽  
The Law ◽  
Law Of Evidence ◽  
The Way

It is a curious quirk of legal scholarship that so much attention has been devoted to the rules and procedures that operate injury trials and so little to the way in which these rules and procedures operate in the vast majority of trials which are conducted without a jury. This “jury-centredness” as it has been called was noted almost thirty years ago by the American scholar Kenneth Culp Davis when he urged scholars and the legal profession to escape from the deep-seated habit of allowing all thinking about evidence law to be dominated by the needs of the 3% of trials that involve juries and to think instead about the needs of the remaining 97% of trials that are tried without a jury. It is certainly true that the withdrawal of the jury from many categories of cases throughout this century in many jurisdictions has not been accompanied by any instant changes in the law of evidence. Certain commentators have noted that in spite of Thayer's claim that the rules are the “child of the jury”, the rules of evidence have proved remarkably resilient in outlasting the demise of the jury. The parent may have ceased to exist in many legal proceedings but the child has lived on.

Alice in Pornoland

2018 ◽  
Author(s):  
Laura Helen Marks
Keyword(s):  
Nineteenth Century ◽  
Pornographic Film ◽  
Picture Of Dorian Gray ◽  
Dorian Gray ◽  
The Way

This book argues that pornographic film relies on a particular "Victorianness" in generating eroticism—a Gothic Victorianness that is monstrous and restrained, repressed but also perverse, static but also transformative, and preoccupied with gender, sexuality, race, and time. Pornographic films enthusiastically expose the perceived hypocrisy of this Victorianness, rhetorically equating it with mainstream, legitimate culture, as a way of staging pornography’s alleged sexual authenticity and transgressive nature. Through an analysis of porn set during the nineteenth century and porn adaptations of Lewis Carroll’s Alice books, Robert Louis Stevenson’s The Strange Case of Dr. Jekyll and Mr. Hyde, Oscar Wilde’s The Picture of Dorian Gray, and Bram Stoker’s Dracula, this book shows how these adaptations expose the implicit pornographic aspects of “legitimate” culture while also revealing the extent to which “high” and “low” genres rely on each other for self-definition. In the process, neo-Victorian pornographies draw on Gothic spaces and icons in order to situate itself as this Gothic other, utilizing the Gothic and the monstrous to craft a transformative, pornographic space. These neo-Victorian Gothic pornographies expose the way the genre as a whole emphasizes, navigates, transgresses, and renegotiates gender, sexuality, and race through the lens of history and legacy.

Cicero's Law

2016 ◽  
Keyword(s):  
Criminal Courts ◽  
Criminal Trials ◽  
Apparent Contradiction ◽  
Legal Realism ◽  
Rhetorical Strategy ◽  
The Way

Why did Roman prosecutors typically accuse the defendant of multiple crimina, when in most standing criminal courts the punishment imposed on a guilty defendant was the same (typically “capital,” that is, a kind of exile), no matter how many charges were proven? The answer lies not in a failure to distinguish between legal charges leveled at the defendant and defamation of his character, but rather in a rhetorical strategy that made sense in light of what was legally necessary to obtain a conviction. The greater the number of charges, the more likely the jurors would be persuaded that the defendant had in some way violated the statute according to which the trial was being conducted. It is true that prosecutors typically argued that the defendant’s prior conduct made it plausible that he had committed the crimes with which he was charged, but in a way that, as much as possible, made his guilt on these particular charges seem likely, and defense patroni attempted to undermine the charges and the character defamation. This answer to the apparent contradiction between multiple charges and unitary punishment favors a moderate formalism over legal realism as the way to interpret Roman criminal trials.

Prawne aspekty eutanazji w Holandii

2016 ◽  
Vol 14 (3) ◽  
pp. 243-253
Author(s):  
Grzegorz Stefanowicz
Keyword(s):  
The Netherlands ◽  
Assisted Suicide ◽  
Public Authority ◽  
Dutch Society ◽  
On Demand ◽  
Limited Length ◽  
The Law ◽  
Death On Demand ◽  
The Way

This article undertakes to show the way that has led to the statutory decriminalization of euthanasia-related murder and assisted suicide in the Kingdom of the Netherlands. It presents the evolution of the views held by Dutch society on the euthanasia related practice, in the consequence of which death on demand has become legal after less than thirty years. Due attention is paid to the role of organs of public authority in these changes, with a particular emphasis put on the role of the Dutch Parliament – the States General. Because of scarcity of space and limited length of the article, the change in the attitudes toward euthanasia, which has taken place in the Netherlands, is presented in a synthetic way – from the first discussions on admissibility of a euthanasia-related murder carried out in the 1970s, through the practice of killing patients at their request, which was against the law at that time, but with years began more and more acceptable, up to the statutory decriminalization of euthanasia by the Dutch Parliament, made with the support of the majority of society.

Konsep Ihsân dalam Wacana Pendidikan Islam

TAJDID ◽  
2019 ◽  
Vol 26 (1) ◽  
pp. 1
Author(s):  
Husni Husni
Keyword(s):  
Existence Of God ◽  
Good Deed ◽  
The Law ◽  
To Receive ◽  
Islamic Society ◽  
Muslim Scholars ◽  
The Way

This article studies the concept of Ihsan (good deed) in the thought of ulama mufassirs (Muslim scholars interpretering the Qur’an). The result of the study being carried out by the writer is that the concept of ihsan being too narrowly interpreted, proves that it has wide interpretation in the thought of muffasirs. If so far among society the concept of ihsan has been narrowly interpreted on the good deed or doing good deed, so according to mufassirs, the concept means: (1) carrying out all obligations, (2) being patient to receive all the obligation and anything forbidden by God, (3) being obedient and always perfects his obedience in quality as well as in the way, (4) forgiving, (5) being sincere, (6) realizing the existence of God, (7) emphasizing the esoteric aspect rather than exoteric world, (8) knowledge, (9) being firm in the truthfulness, (10) havng understanding about the true teachings of God, (11) having good comprehension about the law appropriately applied among the Islamic society. The wide meaning of this concept because this concept is really expressed by the Koran in context. This article tries to attach the concept of Ihsan in several meanings about the education world

The Criminal Emperors of Ancient Rome and Wilde’s ‘true historical sense’

2017 ◽  
Author(s):  
Shushma Malik
Keyword(s):  
Ancient Rome ◽  
Historical Criticism ◽  
The Past ◽  
Picture Of Dorian Gray ◽  
Dorian Gray ◽  
Definition Of

This chapter explores how Wilde uses ‘historic sense’ (the intuition of a learned historian and the antecedent of historical criticism) as a tool with which to analyse the past, particularly the criminal emperors of ancient Rome. In his essay ‘Pen, Pencil, and Poison’, Wilde claims that ‘true historical sense’ in relation to the past allows us to ignore the crimes of Nero and Tiberius, and instead to recognize and appreciate them as artists. His decadent reading of the past is undermined, however, when we compare this version of historically guided intuition with his definition of the phrase in other works. By examining ‘Pen, Pencil, and Poison’ alongside The Picture of Dorian Gray and ‘Epistola: In Carcere et Vinculis’, we can see how Wilde manipulates his readings of the criminal emperors of Rome in order to fit his own changing relationship with Decadence and the (im)morality of crime.

Wilde’s New Republic

2017 ◽  
Author(s):  
Marylu Hill
Keyword(s):  
Oscar Wilde ◽  
Specific Focus ◽  
Classical Training ◽  
Picture Of Dorian Gray ◽  
New Republic ◽  
Dorian Gray ◽  
Definition Of ◽  
Philosophical Questions

As a result of his classical training in the Honours School of Literæ Humaniores at Oxford, Oscar Wilde drew frequently on the works of Plato for inspiration, especially the Republic. The idea of a New Republic and its philosophy resonated profoundly with Wilde—so much so that the philosophical questions raised in Plato’s Republic become the central problems of The Picture of Dorian Gray. This chapter maps the parallels between the Republic and Dorian Gray, with specific focus on several of Plato’s most striking images from the Republic. In particular, the depiction of Lord Henry suggests not only the philosophical soul gone corrupt, but also the ‘drone’ who seduces the oligarchic young man into a life of ‘unprincipled freedom’, according to Plato’s definition of democracy. By invoking the Socratic lens, Wilde critiques Lord Henry’s anti-philosophy of the ‘New Hedonism’ and contrasts it with the Socratic eros.

The Law of Tort

2018 ◽  
Author(s):  
Eva Steiner
Keyword(s):  
Civil Liability ◽  
French Law ◽  
The Law ◽  
Broad Approach ◽  
The Way

This chapter examines the French law of tort. Although French law takes a broad approach to civil liability, when looking more closely at the way in which French judges have dealt with claims in tort, it becomes apparent that the need to avoid extending the scope of civil liability to an unlimited extent has also been present in French law. Indeed, in order to achieve desirable results, French judges have on many occasions used their discretion to interpret restrictively the elastic concepts of fault, damage, and causation. Hence, they end up dismissing claims which, for policy reasons, would have created unjust results or would have opened the gates to a flood of new claims. Thus, even though French judges do not admit to it openly in their judgments, they are influenced as regards the matter of deciding the limits of liability by general policy considerations, especially the ‘floodgates arguments’ which their English counterparts also readily understand.

scholarly journals What is a firm? A reply to Jean-Philippe Robé

2021 ◽  
pp. 1-11
Author(s):  
Simon Deakin ◽  
David Gindis ◽  
Geoffrey M. Hodgson
Keyword(s):  
Theory Of The Firm ◽  
Recent Book ◽  
Everyday Language ◽  
Modern Capitalism ◽  
Legal Foundations ◽  
Common Parlance ◽  
The Law ◽  
Business Entities ◽  
Definition Of ◽  
The Way

Abstract In his recent book on Property, Power and Politics, Jean-Philippe Robé makes a strong case for the need to understand the legal foundations of modern capitalism. He also insists that it is important to distinguish between firms and corporations. We agree. But Robé criticizes our definition of firms in terms of legally recognized capacities on the grounds that it does not take the distinction seriously enough. He argues that firms are not legally recognized as such, as the law only knows corporations. This argument, which is capable of different interpretations, leads to the bizarre result that corporations are not firms. Using etymological and other evidence, we show that firms are treated as legally constituted business entities in both common parlance and legal discourse. The way the law defines firms and corporations, while the product of a discourse which is in many ways distinct from everyday language, has such profound implications for the way firms operate in practice that no institutional theory of the firm worthy of the name can afford to ignore it.

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