The Orphan in Eighteenth-Century Law and Literature

The Orphan in Eighteenth-Century Law and Literature PDF

Author: Cheryl L. Nixon

Publisher: Routledge

Published: 2016-02-17

Total Pages: 303

ISBN-13: 1317021940

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Cheryl Nixon's book is the first to connect the eighteenth-century fictional orphan and factual orphan, emphasizing the legal concepts of estate, blood, and body. Examining novels by authors such as Eliza Haywood, Tobias Smollett, and Elizabeth Inchbald, and referencing never-before analyzed case records, Nixon reconstructs the narratives of real orphans in the British parliamentary, equity, and common law courts and compares them to the narratives of fictional orphans. The orphan's uncertain economic, familial, and bodily status creates opportunities to "plot" his or her future according to new ideologies of the social individual. Nixon demonstrates that the orphan encourages both fact and fiction to re-imagine structures of estate (property and inheritance), blood (familial origins and marriage), and body (gender and class mobility). Whereas studies of the orphan typically emphasize the poor urban foundling, Nixon focuses on the orphaned heir or heiress and his or her need to be situated in a domestic space. Arguing that the eighteenth century constructs the "valued" orphan, Nixon shows how the wealthy orphan became associated with new understandings of the individual. New archival research encompassing print and manuscript records from Parliament, Chancery, Exchequer, and King's Bench demonstrate the law's interest in the propertied orphan. The novel uses this figure to question the formulaic structures of narrative sub-genres such as the picaresque and romance and ultimately encourage the hybridization of such plots. As Nixon traces the orphan's contribution to the developing novel and developing ideology of the individual, she shows how the orphan creates factual and fictional understandings of class, family, and gender.

Legal Practice in Eighteenth-Century Scotland

Legal Practice in Eighteenth-Century Scotland PDF

Author: John Finlay

Publisher: BRILL

Published: 2015-07-14

Total Pages: 461

ISBN-13: 9004294945

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This book is the first monograph to analyse the workings of Scotland’s legal profession in its early modern European context. It is a comprehensive survey of lawyers working in the local and central courts; investigating how they interacted with their clients and with each other, the legal principles governing ethical practice, and how they fulfilled a social role through providing free services to the poor and also services to town councils and other corporations. Based heavily on a wide range of archival sources, and reflecting the contemporary importance of local societies of lawyers, John Finlay offers a groundbreaking yet accessible study of the eighteenth-century legal profession which adds a new dimension to our knowledge of Enlightenment Scotland.

Criminality and Narrative in Eighteenth-Century England

Criminality and Narrative in Eighteenth-Century England PDF

Author: Hal Gladfelder

Publisher: JHU Press

Published: 2003-04-01

Total Pages: 308

ISBN-13: 080187565X

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Stories of transgression–Gilgamesh, Prometheus, Oedipus, Eve—may be integral to every culture's narrative imaginings of its own origins, but such stories assumed different meanings with the burgeoning interest in modern histories of crime and punishment in the later decades of the seventeenth century. In Criminality and Narrative in Eighteenth-Century England, Hal Gladfelder shows how the trial report, providence book, criminal biography, and gallows speech came into new commercial prominence and brought into focus what was most disturbing, and most exciting, about contemporary experience. These narratives of violence, theft, disruptive sexuality, and rebellion compelled their readers to sort through fragmentary or contested evidence, anticipating the openness to discordant meanings and discrepant points of view which characterizes the later fictions of Defoe and Fielding. Beginning with the various genres of crime narrative, Gladfelder maps a complex network of discourses that collectively embodied the range of responses to the transgressive at the turn of the eighteenth century. In the book's second and third parts, he demonstrates how the discourses of criminality became enmeshed with emerging novelistic conceptions of character and narrative form. With special attention to Colonel Jack, Moll Flanders, and Roxana, Gladfelder argues that Defoe's narratives concentrate on the forces that shape identity, especially under conditions of outlawry, social dislocation, and urban poverty. He next considers Fielding's double career as author and magistrate, analyzing the interaction between his fiction and such texts as the aggressively polemical Enquiry into the Causes of the Late Increase in Robbers and his eyewitness accounts of the sensational Canning and Penlez cases. Finally, Gladfelder turns to Godwin's Caleb Williams, Wollstonecraft's Maria, and Inchbald's Nature and Art to reveal the degree to which criminal narrative, by the end of the eighteenth century, had become a necessary vehicle for articulating fundamental cultural anxieties and longings. Crime narratives, he argues, vividly embody the struggles of individuals to define their place in the suddenly unfamiliar world of modernity.

English Common Law in the Age of Mansfield

English Common Law in the Age of Mansfield PDF

Author: James Oldham

Publisher: Univ of North Carolina Press

Published: 2005-12-15

Total Pages: 445

ISBN-13: 0807864005

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In the eighteenth century, the English common law courts laid the foundation that continues to support present-day Anglo-American law. Lord Mansfield, Chief Justice of the Court of King's Bench, 1756-1788, was the dominant judicial force behind these developments. In this abridgment of his two-volume book, The Mansfield Manuscripts and the Growth of English Law in the Eighteenth Century, James Oldham presents the fundamentals of the English common law during this period, with a detailed description of the operational features of the common law courts. This work includes revised and updated versions of the historical and analytical essays that introduced the case transcriptions in the original volumes, with each chapter focusing on a different aspect of the law. While considerable scholarship has been devoted to the eighteenth-century English criminal trial, little attention has been given to the civil side. This book helps to fill that gap, providing an understanding of the principal body of substantive law with which America's founding fathers would have been familiar. It is an invaluable reference for practicing lawyers, scholars, and students of Anglo-American legal history.

The British and Their Laws in the Eighteenth Century

The British and Their Laws in the Eighteenth Century PDF

Author: David Lemmings

Publisher: Boydell Press

Published: 2005

Total Pages: 278

ISBN-13: 9781843831587

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New analysis and interpretation of law and legal institutions in the "long eighteenth century". Law and legal institutions were of huge importance in the governance of Georgian society: legislation expanded the province of administrative authority out of all proportion, while the reach of the common law and its communal traditions of governance diminished, at least outside British North America. But what did the rule of law mean to eighteenth-century people, and how did it connect with changing experiences of law in all their bewildering complexity?This question has received much recent critical attention, but despite widespread agreement about Law's significance as a key to unlock so much which was central to contemporary life, as a whole previous scholarship has only offered a fragmented picture of the Laws in their social meanings and actions. Through a broader-brush approach, The British and their Laws in the Eighteenth Century contributes fresh analyses of law in England andBritish settler colonies, c. 1680-1830; its expert contributors consider among other matters the issues of participation, central-local relations, and the maintenance of common law traditions in the context of increasing legislative interventions and grants of statutory administrative powers. Contributors: SIMON DEVEREAUX, MICHAEL LOBBAN, DOUGLAS HAY, JOANNA INNES, WILFRED PREST, C.W. BROOKS, RANDALL MCGOWEN, DAVID THOMAS KONIG, BRUCE KERCHER