September 21, 2022

Costello on Courtroom Dialogues and Feminist Legal Theory in Irish Literature

R. A. Costello, Dublin City University, School of Law and Government, has published Courtroom Dialogues and Feminist Legal Theory in Irish literature at 20 Irish Studies Review 370 (2020). Here is the abstract.
This article examines the use of courtroom dialogues in two of the leading works of Irish language literature, and how they acted, at the time of their writing, as a mechanism which permitted both author and audience to question societal attitudes to female agency and sexuality – and how they continue to facilitate such critical reflection contemporaneously. Specifically, the piece examines the use of courtroom dialogues in Cúirt an Mheán Oíche by Brian Merriman (CMO) written around 17802 and in An Triail by Máiréad Ní Ghráda (AT) originally performed in 1965 and published in 1978. Both pieces, written nearly two centuries apart, use courtroom dialogues, and the formal mechanisms of testimony and cross-examination to articulate and critique the social subordination of women portrayed in the texts, and to question the restraints on female agency and sexuality imposed by the societies in which their characters exist. Through the works’ use of judicial settings and dialogues both texts articulate a feminist theory of law which aligns with Catherine McKinnon’s dominance theory.
N.B. SSRN indicates the article is not available for download but the author indicates it is available open access. The website shows the content might be available for purchase or through institutional subscription.

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