Rosenberg on Contract and Freedom: Constrained Existence in Middlemarch and The Mayor of Casterbridge @AnatRosenberg

Anat Rosenberg, Interdisciplinary Center Herzliyah-Radzyner School of Law, is publishing Chapter 4: Contract and Freedom(?): Constrained Existence in Middlemarch and The Mayor of Casterbridge in Liberalizing Contracts: Nineteenth Century Promises Through Literature, Law and History (Routledge 2018). Here is the abstract.

The book examines nineteenth-century liberal thought in England, as developed through, and as it developed, the concept of contract, understood as the formal legal category of binding agreement, and the relations and human practices at which it gestured, most basically that of promise, most broadly the capitalist market order. It does so by placing canonical realist novels in conversation with legal-historical knowledge about Victorian contracts. Liberlalizing Contracts argues that current understandings of the liberal effort in contracts need reconstructing from both ends of Henry Maine’s famed aphorism, which described a historical progress “from status to contract.” On the side of contract, historical accounts of its liberal content have been oscillating between atomism and social-collective approaches, missing out on forms of relationality in Victorian liberal conceptualizations of contracts which the book establishes in their complexity, richness, and wavering appeal. On the side of status, the expectation of a move “from status” has led to a split along the liberal/radical fault line among those assessing liberalism’s historical commitment to promote mobility and equality. The split misses out on the possibility that liberalism functioned as a historical reinterpretation of statuses – particularly gender and class – rather than either an effort of their elimination or preservation. As the book shows, that reinterpretation effectively secured, yet also altered, gender and class hierarchies. There is no teleology to such an account. The chapter examines the liberal association of contracts with freedom. With George Eliot’s Middlemarch and Thomas Hardy’s The Mayor of Castebridge we see a move from the midcentury project of pressing on readers the importance of relationality for individual agency and for the morality of choice, toward explorations of the constraining implications of living in a web of relationships. The consciousness of constraints highlighted relationality as the basis of the contractual order, yet reversed associations of contracts with freedom.

Download the essay from SSRN at the link.

Colin Kidd's New Book: The World of Mr. Casaubon (Cambridge University Press, 2016)

Via @maksdelmar:

Colin Kidd, University of St. Andrews, has published The World of Mr Casaubon: Britain's Wars of Mythography, 1700-1870 (Cambridge University Press, 2016) (Ideas In Context). Here from the publisher's website is a description of the book's content.

The World of Mr Casaubon takes as its point of departure a fictional character - Mr Casaubon in George Eliot's classic novel, Middlemarch. The author of an unfinished 'Key to All Mythologies', Casaubon has become an icon of obscurantism, irrelevance and futility. Crossing conventional disciplinary boundaries, Colin Kidd excavates Casaubon's hinterland, and illuminates the fierce ideological war which raged over the use of pagan myths to defend Christianity from the existential threat posed by radical Enlightenment criticism. Notwithstanding Eliot's portrayal of Casaubon, Anglican mythographers were far from unworldly, and actively rebutted the radical freethinking associated with the Enlightenment and French Revolution. Orientalism was a major theatre in this ideological conflict, and mythography also played an indirect but influential role in framing the new science of anthropology. The World of Mr Casaubon is rich in interdisciplinary twists and ironies, and paints a vivid picture of the intellectual world of eighteenth- and nineteenth-century Britain.

Illuminates the intellectual background to George Eliot's classic novel Middlemarch and one of its iconic central characters

Recovers a lost genre of religious apologetic based on a Christian appropriation of paganism, enhancing readers' understanding of eighteenth- and nineteenth-century defences of Christianity

Casts fresh light from an unexpected angle on political debate during the French Revolution and provides deeper insight into the phenomenon of Orientalism

 

Cathrine Frank's Law, Literature, and the Transmission of Culture in England, 1837-1925 Now Available in Paperback

The paperback edition of Cathrine O. Frank's Law, Literature, and the Transmission of Culture in England, 1837-1925 (Routledge, 2010) is now available. Here is a description of the book's content from the publisher's website.

Focusing on the last will and testament as a legal, literary, and cultural document, Cathrine O. Frank examines fiction of the Victorian and Edwardian eras alongside actual wills, legal manuals relating to their creation, case law regarding their administration, and contemporary accounts of curious wills in periodicals. Her study begins with the Wills Act of 1837 and poses two basic questions: What picture of Victorian culture and personal subjectivity emerges from competing legal and literary narratives about the will, and how does the shift from realist to modernist representations of the will accentuate a growing divergence between law and literature? Frank’s examination of works by Emily Bronte, George Eliot, Charles Dickens, Wilkie Collins, Anthony Trollope, Samuel Butler, Arnold Bennett, John Galsworthy, and E.M. Forster reveals the shared rhetorical and cultural significance of the will in law and literature while also highlighting the competition between these discourses to structure a social order that emphasized self-determinism yet viewed individuals in relationship to the broader community. Her study contributes to our knowledge of the cultural significance of Victorian wills and creates intellectual bridges between the Victorian and Edwardian periods that will interest scholars from a variety of disciplines who are concerned with the laws, literature, and history of the nineteenth and early twentieth centuries.

McAleavey on The Bigamy Plot: Sensation and Convention in the Victorian Novel

ICYMI: Maia McAleavey, Boston College, has published The Bigamy Plot: Sensation and Convention in the Victorian Novel (Cambridge University Press, 2015) (Cambridge Studies in Nineteeth-Century Literature and Culture).

Here is a description of the contents from the publisher's website.

The courtship plot dominates accounts of the Victorian novel, but this innovative study turns instead to a narrative phenomenon that upends its familiar conventions: the bigamy plot. In hundreds of novels, plays, and poems published in Victorian Great Britain, husbands or wives thought dead suddenly reappear to their newly remarried spouses. In the sensation fiction of Braddon and Collins, these bigamous revelations lead to bribery, arson, and murder, but the same plot operates in the canonical fiction of Charlotte Brontë, Dickens, Eliot, Thackeray, and Hardy. These authors employ bigamy plots to destabilize the apparently conventional form and values of the Victorian novel. By close examination of this plot, including an index of nearly 300 bigamy novels, Maia McAleavey makes the case for a historical approach to narrative, one that is grounded in the legal and social changes of the period but that runs counter to our own formal and cultural expectations.

• The first extended study of the prevalent bigamy plot, filling an important gap in the history of the Victorian novel
• Revises the common view of the Victorian novel that links its narrative structure to courtship and marriage
• Provides an exhaustive appendix of nearly 300 novels featuring a bigamy plot and detailed close readings of familiar and unfamiliar novels

A New Book From Ian Ward

Sex,Crime and Literature in Victorian England

Ian Ward

The Victorians worried about many things, prominent among their worries being the 'condition' of England and the 'question' of its women. Sex, Crime and Literature in Victorian England revisits these particular anxieties, concentrating more closely upon four 'crimes' which generated especial concern amongst contemporaries: adultery, bigamy, infanticide and prostitution. Each engaged questions of sexuality and its regulation, legal, moral and cultural, for which reason each attracted the considerable interest not just of lawyers and parliamentarians, but also novelists and poets and perhaps most importantly those who, in ever-larger numbers, liked to pass their leisure hours reading about sex and crime. Alongside statutes such as the 1857 Matrimonial Causes Act and the 1864 Contagious Diseases Act, Sex, Crime and Literature in Victorian England contemplates those texts which shaped Victorian attitudes towards England's 'condition' and the 'question' of its women: the novels of Dickens, Thackeray and Eliot, the works of sensationalists such as Ellen Wood and Mary Braddon, and the poetry of Gabriel and Christina Rossetti. Sex, Crime and Literature in Victorian England is a richly contextual commentary on a critical period in the evolution of modern legal and cultural attitudes to the relation of crime, sexuality and the family.

Ian Ward is Professor of Law at Newcastle University, and the author of a number of books on law, literature and history including 'Law and Literature: Possibilities and Perspectives' (Cambridge University Press, 1995), 'Shakespeare and the Legal Imagination' (Cambridge University Press, 1999), ‘The English Constitution: Myths and Realities' (Hart Publishing, 2004), 'Law, Text, Terror' (Cambridge University Press, 2009) and most recently 'Law and the Brontes' (Palgrave, 2011).

 CONTENTS

Introduction: Dark Shapes 1

Angels in the House 4

At Home with the Dombeys 9

The Disease of Reading 16

Pleasing and Teaching 24

1 Criminal Conversations 29

One Person in Law 32

Newcome v Lord Highgate 38

Carlyle v Carlyle 46

Oh Reader! 51

2 Fashionable Crimes 58

The Sensational Moment 61

Fashionable Crimes 66

Mrs Mellish’s Marriages 73

The Shame of Miss Braddon 81

3 Unnatural Mothers 88

The Precious Quality of Truthfulness 90

Hardwicke’s Children 95

R v Sorrel 101

The Lost and the Saved 108

4 Fallen Angels 118

Walking the Streets 121

The Murder of Nancy Sikes 127

Contemplating Jenny 134

Because Men Made the Laws 142

Index 149

Hart Publishing (2014) (available in hardcover and various ebook formats)

A New Book on Nineteenth Century Women, Law, and Literature

Now available:

In Contempt: Nineteenth-Century Women, Law, and Literature

by Kristin Kalsem

Available from Ohio State University Press http://www.ohiostatepress.org/books/book%20pages/kalsem%20in.html

In Contempt: Nineteenth-Century Women, Law, and Literature explores the legal advocacy performed by nineteenth-century women writers in publications of nonfiction and fiction, as well as in real-life courtrooms and in the legal forum provided by the novel form.

The nineteenth century was a period of unprecedented reform in laws affecting women’s property, child support and custody, lunacy, divorce, birth control, domestic violence, and women in the legal profession. Women’s contributions to these changes in the law, however, have been largely ignored because their work, stories, and perspectives are not recorded in authoritative legal texts; rather, evidence of their arguments and views are recorded in writings of a different kind. This book examines lesser-known works of nonfiction and fiction by legal reformers such as Annie Besant and Georgina Weldon and novelists such as Frances Trollope, Jane Hume Clapperton, George Paston, and Florence Dixie.

In Contempt brings to light new connections between Victorian law and literature, not only with its analysis of many “lost” novels but also with its new legal readings of old ones such as Emily Brontë’s Wuthering Heights (1847), George Eliot’s Adam Bede (1859), Lewis Carroll’s Alice’s Adventures in Wonderland (1865), Rider Haggard’s She (1887), and Thomas Hardy’s Jude the Obscure (1895). This study reexamines the cultural and political roles of the novel in light of “new evidence” that many nineteenth-century novels were “lawless”—showing contempt for, rather than policing, the law.

“Kristin Kalsem’s In Contempt makes a significant contribution to scholarship on the history of feminist jurisprudence. She covers thorny legal issues including married women’s property, infanticide, and lunacy law, as well as birth control, imperialism, and women’s admission to the bar. In her afterword she urges scholars to engage the ‘new evidence’ she has brought to light—and I have no doubt that this evidence will be welcomed enthusiastically.”

Christine L. Krueger, professor of English, Marquette University

Kristin Kalsem received her J.D. from the University of Chicago Law School and her Ph.D. in English from the University of Iowa. She is professor of law and co-director of the Center for Race, Gender, and Social Justice at the University of Cincinnati College of Law.

George Eliot and Promises

Melissa Ganz, Department of English, Yale University, has published "Binding the Will: George Eliot and the Practice of Promising," forthcoming in English Literary History. Here is the abstract.

In The Mill on the Floss (1860), Middlemarch (1871-72), and Daniel Deronda (1876), promises give rise to repeated conflicts and misunderstandings, crystallizing the tension between freedom and obligation that runs through George Eliot's work. Literary critics have long noted Eliot's interest in the nature and limits of the human will, but they have failed to examine her treatment of the practice of promising. In this essay, I analyze the use and abuse of promises in her fiction in the context of changing philosophical and legal ideas about consensual obligations. Whereas natural law thinkers such as Grotius, Pufendorf, Hobbes, and Locke insisted that promises derived their force from people's wills and intentions, in the late eighteenth and early nineteenth centuries, utilitarian philosophers such as William Paley and John Austin began to locate the source of promissory obligations in people's expectations. At about the same time, jurists formulated a new “will theory” of contract that drew heavily upon natural law philosophy; according to this theory, individual promises, wills, and intentions gave rise to contractual obligations. Judges, in fact, began to speak of a contract as a “meeting of minds.” In practice, however, they found it very difficult to uncover the intentions of contracting parties. By the middle of the nineteenth century, most judges had come to embrace an objective approach to contractual interpretation, relying upon external manifestations of intentions as did the utilitarian philosophers.

Like Paley, Austin, and Henry Sidgwick, and like a growing number of jurists in her day, Eliot embraces an expansive conception of promising: she suggests that one becomes bound by a promise whenever one knowingly excites another's expectations concerning the existence of an obligation, even though one does not intend to become bound. The willingness to abide by implicit promises and to honor the expectations that one raises in other minds is a crucial test of moral character in Eliot's fiction. However, while Eliot privileges external manifestations of intention over actual intentions in determining promissory responsibility, she remains committed to the notion that a true “meeting of minds” ought, ideally, to form the basis of agreements. As a practical matter, that is, she recognizes the difficulty of discerning others' intentions, and she shows the need to honor the reasonable expectations that one creates in other minds; but she holds out the possibility that individuals may achieve a real blending of wills and desires. In Mordecai Cohen's relationship with the eponymous hero of her final novel, she imagines such a meeting of minds, highlighting the ways in which promises can both reflect and promote understanding between people. She acknowledges, though, that such a mingling of ideas and intentions is, in the world of nineteenth-century England, limited to men.

Download the entire article from SSRN here.