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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 areconcerned. 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 thisdiscipline, which links history, gender studies, philosophy, literary studies, and law.
Martha Nussbaum is Professor of Law and Philosophy at the University of Chicago.
Alison LaCroix is Assistant Professor of Law at the University of Chicago Law School.
Table of Contents
Introduction, Alison L. LaCroix and Martha C. Nussbaum Preface, 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