Subversion and Sympathy: Gender, Law, and the British Novel

ISBN : 9780199812042

Martha C. Nussbaum; Alison L. LaCroix
336 ページ
162 x 237 mm

This interdisciplinary volume of contributed essays focuses on issues of gender in the British novel of the eighteenth and nineteenth centuries, particularly Hardy and Trollope. Approaching the topic from a variety of backgrounds, the contributors reinvigorate the law-and-literature movement by displaying a range of ways in which literature and law can illuminate one another and in which the conversation between them can illuminate deeper human issues with which both disciplines are concerned. Their chapters shed light on a range of gender-related issues, from inheritance to money-lending to illegitimacy, but also make an important methodological contribution by displaying (and discussing) a range of methodological perspectives that exemplify the breadth and range of this discipline, which links history, gender studies, philosophy, literary studies, and law.


Alison L. LaCroix and Martha C. Nussbaum
Diane P. Wood
I. Marriage and Sex
The Moral and Legal Consequences of Wife-Selling in The Mayor of Casterbridge
Julie C. Suk
Jude the Obscure: The Irrelevance of Marriage Law
Amanda Claybaugh
The History of Obscenity, the British Novel, and the First Amendment
Geoffrey R. Stone
Jane Austen: Comedy and Social Structure
Richard A. Posner
II. Law, Social Norms, and Women's Agency
Pious Perjury in Scott's The Heart of Midlothian
Julia Simon-Kerr
Rape, Seduction, Purity, and Shame in Tess of the d'Urbervilles
Marcia Baron
The Stain of Illegitimacy: Gender, Law, and Trollopian Subversion
Martha C. Nussbaum
Could He Forgive Her? Gender, Agency, and Women's Criminality in the Novels of Anthony Trollope
Nicola Lacey
III. Property, Commerce, Travel
Law, Commerce, and Gender in Trollope's Framley Parsonage
Douglas G. Baird
Primogeniture, Legal Change, and Trollope
Saul Levmore
Defoe's Formal Laws
Bernadette Meyler
IV. Readers and Interpretation
The Lawyer's Library in the Early American Republic
Alison L. LaCroix
Proposals and Performative Utterance in the 19th-Century Novel: the Professional Man's Plight
Robert A. Ferguson
A Comeuppance Theory of Narrative and the Emotions
Blakey Vermeule


Alison LaCroix is Assistant Professor of Law, University of Chicago Law School. Martha Nussbaum is Professor of Law and Philosophy, University of Chicago