In this volume of essays, scholars of the interdisciplinary field of law and literature write about the role of emotion in English law and legal theory in the late eighteenth and early nineteenth centuries. The law’s claims to reason provided a growing citizenry that was beginning to establish its rights with an assurance of fairness and equity. Yet, an investigation of the rational discourse of the law reveals at its core the processes of emotion, and a study of literature that engages with the law exposes the potency of emotion in the practice and understanding of the law. Examining both legal and literary texts, the authors in this collection consider the emotion that infuses the law and find that feeling, sentiment and passion are integral to juridical thought as well as to specific legislation.

This collection of essays by scholars of the law and literature movement explores the place of the passions in English law of the eighteenth and nineteenth centuries. Together these essays provide insight into the foundations of modern juridical thought.

This book examines the difficult relationship between individual intellectual freedom and the legal structures which govern human societies in William Blake’s works, showing that this tension carries a political urgency that has not yet been recognised by scholars in the field. In doing so, it offers a new approach to Blake’s corpus that builds on the literary and cultural historical work of recent decades. Blake’s pronouncements about law may often sound biblical in tone; but this book argues that they directly address (and are informed by) eighteenth-century legal debates concerning the origin of the English common law, the autonomy of the judicature, the increasing legislative role of Parliament, and the emergence of the notions of constitutionalism and natural rights. Through a study of his illuminated books, manuscript works, notebook drafts and annotations, this study considers Blake’s understanding that law is both integral to humanity itself and a core component of its potential fulfilment of the ‘Human Form Divine’.

This illuminating Research Handbook analyses the role that emotions play and ought to play in legal reasoning and practice, rejecting the simplistic distinction between reason and emotion.

Drawing on insights from literary theory and analytical philosophy, this book analyzes the intersection of law and literature from the distinct and unique perspective of fictional discourse. Pursuing an empirical approach, and using examples that range from Victorian literature to the current judicial treatment of rap music, the volume challenges the prevailing fact–fiction dichotomy in legal theory and practice by providing a better understanding of the peculiarities of legal fictionality, while also contributing further material to fictional theory’s endeavor to find a transdisciplinary valid criterion for a definition of fictional discourse. Following the basic presumptions of the early law-as-literature movement, past approaches have mainly focused on textuality and narrativity as the common denominators of law and literature, and have largely ignored the topic of fictionality. This volume provides a much needed analysis of this gap. The book will be of interest to scholars of legal theory, jurisprudence and legal writing, along with literature scholars and students of literature and the humanities.

Cultural Histories of Law, Media and Emotion: Public Justice explores how the legal history of long-eighteenth-century Britain has been transformed by the cultural turn, and especially the associated history of emotion. Seeking to reflect on the state of the field, 13 essays by leading and emerging scholars bring cutting-edge research to bear on the intersections between law, print culture and emotion in Britain across the eighteenth and nineteenth centuries. Divided into three sections, this collection explores the ‘public’ as a site of legal sensibility; it demonstrates how the rhetoric of emotion constructed the law in legal practice and in society and culture; and it highlights how approaches from cultural and emotions history have recentred the individual, the biography and the group to explain long-running legal-historical problems. Across this volume, authors evidence how engagements between cultural and legal history have revitalised our understanding of law’s role in eighteenth-century culture and society, not least deepening our understanding of justice as produced with and through the public. This volume is the ideal resource for upper-level undergraduates, postgraduates and scholars interested in the history of emotions as well as the legal history of Britain from the late seventeenth to the nineteenth century.

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.