Female Gothic and the Law

Author(s):  
Sue Chaplin

The Gothic emerged in the eighteenth century as a potent literary critique of modern Western forms of law. At the same time as the law itself the Gothic began to take shape and rapidly diversify in the eighteenth and nineteenth centuries. This chapter suggests that Gothic writing by women in particular interrogates the ontological instability and physical vulnerability of the female subject before the law and that it does so through repeated evocations, in various historical and cultural contexts, of the relationship between law, sacrifice, trauma and shame. Points of continuity between older modes of Female Gothic and its more contemporary manifestations are identified through analyses of novels by Sophia Lee, Ann Radcliffe and Eliza Parsons followed by an examination of female-authored vampire fictions by Stephenie Meyer and Charlaine Harris. Drawing on Juliet MacCannell’s work, the chapter argues that these diverse narratives articulate the trauma and shame of female subjects constructed in and through the law as sacrificial objects of exchange between ‘brothers’. Contemporary female Gothic fictions, it concludes, expose the trauma and shame of the law itself as its ontological coherence begins to disintegrate under the conditions of late-modernity.

1981 ◽  
Vol 15 (2) ◽  
pp. 177-201 ◽  
Author(s):  
Karen Leonard

The relationship between business and politics in preindustrial societies has seldom been clear from historical records. I have argued elsewhere that the major banking firms of Mughal India were central to the imperial system. These ‘great firms’ were not parasites, passively supportive of the state because it preserved the law and order necessary for trade; they were not self-contained caste communities interacting with the government through the leaders of panchayats or guilds. Their functions were as important to the government as those of its official treasurers, and their desertion of the Mughal Empire in the eighteenth century helped bring about its collapse.


Author(s):  
Joseph Hone

This chapter considers the relationship between satire and the law during the eighteenth century. After the lapse of pre-publication licensing in 1695, satirists remained subject to the common law of libel (including seditious libel, blasphemous libel, and criminal libel) and to treason laws. Satirists and publishers used various strategies to evade prosecution under those laws: most notably anonymous publication (in print or in manuscript) and creative forms of ambiguity. This chapter surveys examples of those strategies in some famous and lesser known texts, before considering the introduction of the new Licensing Act in 1737, which restricted satire on the stage. Libel prosecutions continued even while the trend for hard-hitting lampoons faded out after the 1750s, but predominantly as a means of prosecuting political troublemakers.


2020 ◽  
Vol 47 (1) ◽  
pp. 36-58
Author(s):  
James Kelly

The identification of the involvement of young boys in cleaning chimneys as a social problem in the late eighteenth century, and its effectual elimination in the second half of the nineteenth, provides a yardstick against which one can measure changing attitudes to child labour during the eighteenth and nineteenth centuries. The involvement of children as young as five in this trade and the injuries and illness to which they were subject prompted an incrementally more vigorous demand for its elimination that was fuelled by the increasing societal influence of the respectable. Based on an analysis of the practice, the abuses it permitted and the efforts of reformers to convince the public and politicians that the invention of the sweeping machine meant it was no longer necessary to involve children in this dangerous trade, the article explains how the combination of revulsion at the mistreatment of climbing boys, organised opposition and an attitudinal shift brought about a change in the law that effectively brought it to an end and established the principle that child labour was immoral as well as unnecessary.


2002 ◽  
Vol 6 (1) ◽  
pp. 85-100
Author(s):  
Raffaele Caterina

“A system of private ownership must provide for something more sophisticated than absolute ownership of the property by one person. A property owner needs to be able to do more than own it during his lifetime and pass it on to someone else on his death.”1 Those who own things with a long life quite naturally feel the urge to deal in segments of time. Most of the owner's ambitions in respect of time can be met by the law of contract. But contract does not offer a complete solution, since contracts create only personal rights. Certain of the owner's legitimate wishes can be achieved only if the law allows them to be given effect in rem—that is, as proprietary rights. Legal systems have responded differently to the need for proprietary rights limited in time. Roman law created usufruct and other iura in re aliena; English law created different legal estates. Every system has faced similar problems. One issue has been the extent to which the holder of a limited interest should be restricted in his or her use and enjoyment in order to protect the holders of other interests in the same thing. A common core of principles regulates the relationship between those who hold temporary interests and the reversioners. For instance, every system forbids holder of the possessory interest to damage the thing arbitrarily. But other rules are more controversial. This study focuses upon the rules which do not forbid, but compel, certain courses of action.


2020 ◽  
Vol 38 (1) ◽  
pp. 44-66
Author(s):  
Christine Adams

The relationship of the French king and royal mistress, complementary but unequal, embodied the Gallic singularity; the royal mistress exercised a civilizing manner and the soft power of women on the king’s behalf. However, both her contemporaries and nineteenth- and early twentieth-century historians were uncomfortable with the mistress’s political power. Furthermore, paradoxical attitudes about French womanhood have led to analyses of her role that are often contradictory. Royal mistresses have simultaneously been celebrated for their civilizing effect in the realm of culture, chided for their frivolous expenditures on clothing and jewelry, and excoriated for their dangerous meddling in politics. Their increasing visibility in the political realm by the eighteenth century led many to blame Louis XV’s mistresses—along with Queen Marie-Antoinette, who exercised a similar influence over her husband, Louis XVI—for the degradation and eventual fall of the monarchy. This article reexamines the historiography of the royal mistress.


Author(s):  
Pamela Barmash

The Laws of Hammurabi is one of the earliest law codes, dating from the eighteenth century BCE Mesopotamia (ancient Iraq). It is the culmination of a tradition in which scribes would demonstrate their legal flair by composing statutes on a repertoire of traditional cases, articulating what they deemed just and fair. The book describes how the scribe of the Laws of Hammurabi advanced beyond earlier scribes in composing statutes that manifest systematization and implicit legal principles. The scribe inserted the statutes into the structure of a royal inscription, skillfully reshaping the genre. This approach allowed the king to use the law code to demonstrate that Hammurabi had fulfilled the mandate to guarantee justice enjoined upon him by the gods, affirming his authority as king. This tradition of scribal improvisation on a set of traditional cases continued outside of Mesopotamia, influencing biblical law and the law of the Hittite Empire and perhaps shaping Greek and Roman law. The Laws of Hammurabi is also a witness to the start of another stream of intellectual tradition. It became a classic text and the subject of formal commentaries, marking a Copernican revolution in intellectual culture.


Author(s):  
András Sajó ◽  
Renáta Uitz

This chapter examines the relationship between parliamentarism and the legislative branch. It explores the evolution of the legislative branch, leading to disillusionment with the rationalized law-making factory, a venture run by political parties beyond the reach of constitutional rules. The rise of democratically bred party rule is positioned between the forces favouring free debate versus effective decision-making in the legislature. The chapter analyses the institutional make-up and internal operations of the legislature, the role of the opposition in the legislative assembly, and explores the benefits of bicameralism for boosting the powers of the legislative branch. Finally, it looks at the law-making process and its outsourcing via delegating legislative powers to the executive.


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