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Law, Literature, and the Transmission of Culture in England, 1837–1925
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.
Contents: Part I Writing the Will: Introduction: novel bequests; Writing the will: Victorian testators and legal culture; Writing the novel: Victorian testators and literary culture. Part II Proving the Will: Victorian daughters and the burden of inheritance; Edwardian sons and the burden of inheritance redux. Part III Contesting the Will: Broken trusts: Cy Près, fiction and the limits of intention; Fictions of justice: testamentary intention and the illegitimate heir; Conclusion; Works cited; Index.
Cathrine Frank is Assistant Professor of English at the University of New England, USA.
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Troubled Legacies
Last wills and testaments create tensions between those who inherit and those who imagine that they should inherit. As Victorian, modern, and contemporary novels amply demonstrate, seldom is more energy expended than at the reading of a will. Whether inheritances bring disappointment or jubilation, they create a pattern for the telling of stories, stories that involve the transmission of legacies – cultural, political, and monetary – from one generation to the next. Troubled Legacies examines these narratives of inheritance in British and Irish fiction from 1800 to the present.
The essays in this collection set out to juxtapose legal and novelistic discourse. This reading of literature against law produces intriguing and often provocative assertions about the specific relationship between novels and inheritance. As the contributors argue, novels reinforce property law, an argument bolstered by the examples of women, workers, Jews, and Irishmen dispossessed of their rights and unable to claim their cultural inheritances. Troubled Legacies thoroughly examines the connection between narrative and claims to legal entitlement, a topic that has not, to date, been comprehensively broached in literary studies.
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What You Will
In What You Will Kathryn Schwarz traces a curious pattern in sixteenth- and seventeenth-century representations of femininity: women pose a threat when they conform too willingly to social conventions. Exemplary texts describe chaste women who kill their rapists, constant wives who make marriage a debilitating obligation, and devoted mothers who destroy the fitness of children. These cautionary tales draw attention to the more ordinary, necessary choices that take prescribed roles as a mandate for purposeful acts. For early modern narratives, writes Schwarz, intentional compliance poses a complex problem: it sustains crucial tenets of order and continuity but unsettles the hierarchical premises from which those tenets derive. Feminine will appears as a volatile force within heterosociality, lending contingent security to a system that depends less on enforced obedience than on contract and consent.The book begins with an examination of early modern disciplines that treat will as an aspect of the individual psyche, of rhetoric, and of sexual and gendered identities. Drawing on these readings, Schwarz turns to Shakespearean works in which feminine characters articulate and manage the values that define them, revealing the vital force of conventional acts. Her analysis engages with recent research that has challenged the premise of feminine subordination, both by identifying alternative positions and by illuminating resistance within repressive structures. Schwarz builds on this awareness of disparate modes and sites of action in formulating the book's central questions: With what agency, and to what effect, do feminine subjects inhabit the conventions of femininity? In what sense are authenticity and masquerade inseparable aspects of social performance? How might coercive systems produce effective actors? What possibilities emerge from the paradox of prescribed choice? Her conclusions have implications not only for early modern scholarship but also for histories of gender and sexuality, queer studies, and theories of the relationship between subjectivity and ideological constraint.
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Volition's Face
Modern readers and writers find it natural to contrast the agency of realistic fictional characters to the constrained range of action typical of literary personifications. Yet no commentator before the eighteenth century suggests that prosopopoeia signals a form of reduced agency. Andrew Escobedo argues that premodern writers, including Spenser, Marlowe, and Milton, understood personification as a literary expression of will, an essentially energetic figure that depicted passion or concept transforming into action. As the will emerged as an isolatable faculty in the Christian Middle Ages, it was seen not only as the instrument of human agency but also as perversely independent of other human capacities, for example, intellect and moral character. Renaissance accounts of the will conceived of volition both as the means to self-creation and the faculty by which we lose control of ourselves. After offering a brief history of the will that isolates the distinctive features of the faculty in medieval and Renaissance thought, Escobedo makes his case through an examination of several personified figures in Renaissance literature: Conscience in the Tudor interludes, Despair in Doctor Faustus and book I of The Faerie Queen, Love in books III and IV of The Faerie Queen, and Sin in Paradise Lost. These examples demonstrate that literary personification did not amount to a dim reflection of \"realistic\" fictional character, but rather that it provided a literary means to explore the numerous conundrums posed by the premodern notion of the human will. This book will be of great interest to faculty and graduate students interested in medieval studies and Renaissance literature.
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Rhythm and Will in Victorian Poetry
In Rhythm and Will in Victorian Poetry, first published in 1999, Matthew Campbell explores the work of four Victorian poets - Tennyson, Browning, Hopkins and Hardy - as they show a consistent and innovative concern with questions of human agency and will. The Victorians saw the virtues attendant upon a strong will as central to themselves and to their culture, and Victorian poetry strove to find an aesthetic form to represent this sense of the human will. Through close study of the metre, rhyme and rhythm of a wide range of poems - including monologue, lyric and elegy - Campbell reveals how closely technical questions of poetics are related, in the work of these poets, to issues of psychology, ethics and social change. He goes on to discuss more general questions of poetics, and the implications of the achievement of the Victorian poets in a wider context, from Milton through Romanticism and into contemporary critical debate.
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Cormac McCarthy's Violent Destinies
Since the release of his first novel, The Orchard Keeper,
in 1965, Cormac McCarthy's characters, intricate plots, and
sometimes forbidding settings have captivated the attention of
countless readers while exploring deep philosophical problems,
including that of human agency and free will. This multiauthor
volume places the full range of his novels in historical, literary,
and cultural contexts and shifts the focus of critical engagement
to questions of determinism, fatalism, and free will. Essayists
over the course of eleven chapters show how McCarthy's protagonists
and antagonists often confront grotesque realities and destinies,
and find themselves prey to incessant subconscious and
uncontrollable forces. In the process, these scholars reveal that
McCarthy's works arrive thoroughly tinctured with religious
complexities, ambiguities of ancient and modern thinking, and
profoundly splintered notions of morality, freedom, and ethics.
Consequently, McCarthy's philosophical depth, mastery of language,
and sometimes shocking psychological analysis are brought into
sharp focus for longtime readers. With new scholarship from eminent
critics, an accessible style, and precise attention to the
lesser-known works, Cormac McCarthy's Violent Destinies
re-introduces the Pulitzer Prize-winning novelist's work under the
twin themes of fatalism and determinism.
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Ben Sira on the Free Will Problem: A Comparison with Chrysippus
This article deals with the similarities and differences between Ben Sira and Chrysippus regarding their solutions to the tension between free will and determinism. Both Ben Sira and Chrysippus argue for compatibilism, the theory that free will and determinism are compatible. However, Ben Sira and Chrysippus have different understandings of freedom required by moral responsibility. According to Chrysippus, consent is the internal cause of persons’ actions, and, thus, they should be responsible for these actions. By contrast, Ben Sira claims that although being shaped by God’s plan, persons could have done otherwise and, in this sense, are responsible for their sins. The first section of this article examines the texts of Ben Sira and Chrysippus regarding the problem of free will. The second section discusses the positions of Ben Sira and Chrysippus on compatibilism. The last section explains the possible influence of Chrysippus on Ben Sira and the main difference between their understandings of freedom.
Journal Article
Milton's Theology of Freedom
At the centre of John Milton's epic poem Paradise Lost (1667) is a radical commitment to divine and human freedom. This study situates Paradise Lost within the context of post-Reformation theological controversy, and pursues the theological portrayal of freedom as it unfolds throughout the poem. The study identifies and explores the ways in which Milton is both continuous and discontinuous with the major post-Reformation traditions in his depiction of predestination, creation, free will, sin, and conversion. Milton's deep commitment to freedom is shown to underlie his appropriation and creative transformation of a wide range of existing theological concepts.
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Through other continents
What we call American literature is quite often a shorthand, a simplified name for an extended tangle of relations.\" This is the argument of Through Other Continents, Wai Chee Dimock’s sustained effort to read American literature as a subset of world literature. Inspired by an unorthodox archive--ranging from epic traditions in Akkadian and Sanskrit to folk art, paintings by Veronese and Tiepolo, and the music of the Grateful Dead--Dimock constructs a long history of the world, a history she calls \"deep time.\" The civilizations of Mesopotamia, India, Egypt, China, and West Africa, as well as Europe, leave their mark on American literature, which looks dramatically different when it is removed from a strictly national or English-language context. Key authors such as Thoreau, Margaret Fuller, Ezra Pound, Robert Lowell, Gary Snyder, Leslie Silko, Gloria Naylor, and Gerald Vizenor are transformed in this light. Emerson emerges as a translator of Islamic culture; Henry James’s novels become long-distance kin to Gilgamesh; and Black English loses its ungrammaticalness when reclassified as a creole tongue, meshing the input from Africa, Europe, and the Americas.
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