Criminality and the Common Law Imagination in the 18th and 19th Centuries

This book explores the connections between the individual and collective memories of law and crime over a 200-year period, using 3 case studies to demonstrate how cultural narratives impact legal development.

Format: Paperback / softback
Length: 264 pages
Publication date: 28 February 2022
Publisher: Edinburgh University Press

This book delves into the intricate connections between individual and collective memories of law and crime over a span of 200 years, shedding light on the profound impact they had on the evolution of the legal system. Through a multidisciplinary approach, it explores a wide range of literary and legal texts, revealing the threads that connect these memories to the development of the law itself.

Drawing upon three compelling case studies—adultery, child criminality, and rape testimony—the book showcases the profound influence of cultural narratives on legal development in the 18th and 19th centuries. Erin Sheley adeptly demonstrates how the symbolic relationship between adultery and the threat to English sovereignty gave rise to a quasi-criminal legal discourse surrounding the private wrong of adultery. She also reveals how the literary construction of childhood by 19th-century fairy-tale writers shaped the development of the juvenile justice system, emphasizing the importance of narratives in shaping legal frameworks. Moreover, Sheley explores how evolving rules regarding rape victim character evidence played a crucial role in constructing and shaping national identities, reflecting the complex interplay between law, culture, and societal values.

By examining these case studies, the book offers a rich and nuanced understanding of the complex relationship between law, culture, and memory. It underscores the importance of interdisciplinary research in unraveling the historical and cultural factors that shape legal systems and demonstrates how the study of literature and law can provide valuable insights into the evolution of legal norms and practices. This book is a valuable contribution to the field of legal history and cultural studies, offering a fresh perspective on the past and shaping our understanding of the legal landscape in the present and future.

Weight: 367g
Dimension: 234 x 156 x 14 (mm)
ISBN-13: 9781474450119