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 Brontë, 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.

The Age of Reform – the hundred years from 1820 to 1920 - has become synonymous with innovation and change but this period was also in many ways a deeply conservative and cautious one. With reform came reaction and revolution and this was as true of the law as it was of literature, art and technology. The age of Great Exhibitions and Great Reform Acts was also the age of newly systemized police forces, courts and prisons. A Cultural History of Law in the Age of Reform presents an overview of the period with a focus on human stories located in the crush between legal formality and social reform: the newly uniformed police, criminal mugshots, judge and jury, the shame of child labor, and the need for neighborliness in the crowded urban and increasingly industrial landscapes of Europe and the United States. Drawing upon a wealth of visual and textual sources, A Cultural History of Law in the Age of Reform presents essays that examine key cultural case studies of the period on the themes of justice, constitution, codes, agreements, arguments, property and possession, wrongs, and the legal profession.

For law students and lawyers to successfully understand and practice law in the U.S., recognition of the wider context and culture which informs the law is essential. Simply learning the legal rules and procedures in isolation is not enough without an appreciation of the culture that produced them. This book provides the reader with an understandable introduction to the ways in which U.S. law reflects its culture and each chapter begins with questions to guide the reader, and concludes with questions for review, challenge and further understanding. Kirk W. Junker explores cultural differences, employing history, social theory, philosophy, and language as "reference frames," which are then applied to the rules and procedures of the U.S. legal system in the book’s final chapter. Through these cultural reference frames readers are provided with a set of interpretive tools to inform their understanding of the substance and institutions of the law. With a deeper understanding of this cultural context, international students will be empowered to more quickly adapt to their studies; more comprehensively understand the role of the attorney in the U.S. system; draw comparisons with their own domestic legal systems, and ultimately become more successful in their legal careers both in the U.S. and abroad.

Explores the impact of legal ideas and legal consciousness on early modern English society and culture.

Jan-Melissa Schramm explores the conflicted attitude of the Victorian novel to sacrifice, and the act of substitution on which it depends. The Christian idea of redemption celebrated the suffering of the innocent: to embrace a life of metaphorical self-sacrifice was to follow in the footsteps of Christ's literal Passion. Moreover, the ethical agenda of fiction relied on the expansion of sympathy which imaginative substitution was seen to encourage. But Victorian criminal law sought to calibrate punishment and culpability as it repudiated archaic models of sacrifice that scapegoated the innocent. The tension between these models is registered creatively in the fiction of novelists such as Dickens, Gaskell and Eliot, at a time when acts of Chartist protest, national sacrifices made during the Crimean War, and the extension of the franchise combined to call into question what it means for one man to 'stand for', and perhaps even 'die for', another.

A NEW COMPANION TO VICTORIAN LITERATURE AND CULTURE The Victorian period was a time of rapid cultural change, which resulted in a huge and varied literary output. A New Companion to Victorian Literature and Culture offers experienced guidance to the literature of nineteenth-century Britain and its social and historical context. This revised and expanded edition comprises contributions from over 30 leading scholars who, approaching the Victorian epoch from different positions and traditions, delve into the unruly complexities of the Victorian imagination. Divided into five parts, this new Companion surveys seven decades of history before examining the key phases in a Victorian life, the leading professions and walks of life, the major literary genres, the way Victorians defined their persons, homes, and national identity, and how recent “neo-Victorian” developments in contemporary culture reconfigure the sense we make of the past today. Important topics such as sexuality, denominational faith, social class, and global empire inform each chapter’s approach. Each chapter provides a comprehensive bibliography of established and emerging scholarship.

Reading major novels by George Eliot, Anthony Trollope, and Wilkie Collins, Common Precedents shows that precedential reasoning enjoyed widespread cultural significance in the nineteenth-century as a means of preserving a sense of common history, values, and interests in the face of a new heterogeneous society. Enabling the recognition of the new and its assimilation as part of a continuous past, Ayelet Ben-Yishai argues that the binding force of precedent also functions as the binding element of an always shifting commonality, pulling it together in the face of rupture and dispersion. By appearing to bring the past seamlessly into the present, the form of legal precedent became vital to the preservation of a sense of commonality and continuity crucial to the common law and Victorian legal culture. But the impact of precedent extended beyond legal practices and institutions to the culture at large, and especially to its fiction. Ben-Yishai argues that understanding the structure of precedent also explains fictional form: how fictionality works, its epistemology, and the ways in which its commonalities are socially constructed, maintained, and reified.

From Anthony Trollop to Sinclair Lewis, and from Jane Austen to James Joyce and John Steinbeck, many important novels touch on fundamental questions about the role of money in human affairs. These questions are explored in this volume through the lens of law and literature. The sixteen essays collected here, by important theorists from a range of disciplines, shed new light on the impact of economic change, from the Industrial Revolution to the Great Depression. Students of economics and business will gain a new appreciation of literature's insights on singular events and human emotions. Similarly, scholars and students of literature will gain an appreciation for the power of law and economics to inform literary and social analysis. The volume's focus on novels about money and economic upheaval showcases the power of the disciplinary marriage of law and literature.

In postrevolutionary America, the autonomous individual was both the linchpin of a young nation and a threat to the founders’ vision of ordered liberty. Conceiving of self-government as a psychological as well as a political project, jurists built a republic of laws upon the Enlightenment science of the mind with the aim of producing a responsible citizenry. Susanna Blumenthal probes the assumptions and consequences of this undertaking, revealing how ideas about consciousness, agency, and accountability have shaped American jurisprudence. Focusing on everyday adjudication, Blumenthal shows that mental soundness was routinely disputed in civil as well as criminal cases. Litigants presented conflicting religious, philosophical, and medical understandings of the self, intensifying fears of a populace maddened by too much liberty. Judges struggled to reconcile common sense notions of rationality with novel scientific concepts that suggested deviant behavior might result from disease rather than conscious choice. Determining the threshold of competence was especially vexing in litigation among family members that raised profound questions about the interconnections between love and consent. This body of law coalesced into a jurisprudence of insanity, which also illuminates the position of those to whom the insane were compared, particularly children, married women, and slaves. Over time, the liberties of the eccentric expanded as jurists came to recognize the diversity of beliefs held by otherwise reasonable persons. In calling attention to the problematic relationship between consciousness and liability, Law and the Modern Mind casts new light on the meanings of freedom in the formative era of American law.

George Eliot's literary achievement is explored through essays on its historical, intellectual, political and social contexts.