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Vol 21 No 9 Sept/Oct 2016

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Goode on Commercial Law

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Novel Judgements: Legal Theory as Fiction

ISBN13: 9780415459150
Published: September 2011
Publisher: Routledge
Country of Publication: UK
Format: Paperback
Price: £27.99

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Novel Judgments addresses the ways in which jurisprudential ideas and themes are embedded and explored within nineteenth century Anglo-American prose fiction.

The nineteenth century is the crucible of the "juridical imaginary": that is, of the jurisprudential ideas and concepts which inform the law to this day. The novel not only participates actively in the construction of this juridical imaginary, devising memorable tropes and figures of law and its theory, it goes even further: providing a critique of that construction which points the reader towards a new juridical imaginary, one which may re-imagine, for example, the "command of the sovereign" (Pride and Prejudice), the ethics of law (Ivanhoe), or the "rights of (wo)man" (Frankenstein).

As dramatisations of the principal issues and movements of nineteenth century legal theory, these novels may therefore be read jurisprudentially. For, as William MacNeil demonstrates, they make novel judgments about legal theory - judgments which not only finds it wanting, but which also carry with them a potential for transforming a juridical imaginary that is still with us.

Jurisprudence, General Interest
1. Capitalism’s Courtly Love: The Novel’s Allegory of Law
2. John Austin or Jane Austen? The Province of Jurisprudence Determined in Pride and Prejudice
3. Usury, the Jew and the Origins of Capital: Ivanhoe and the Desacralisation of the Law
4. The Monstrous Body of the Law: Wollstonecraft vs. Shelley
5. The Common Law's Sublime Object of Ideology: Equity and the Dispatch of the Feminine in Bleak House
6. A Tale of Two Trials: Revolutionary Enjoyment, Liberal Legalism and the Sacrifice of Critique in A Tale of Two Cities
7. Beyond Governmentality: Retributive, Distributive and Deconstructive Justice in Great Expectations
8. Jesuits and Jacobites: The Conundrums of Status and Contract in Henry Esmond
9. Hawthorne's Haunted House of Law: The Romance of American Realism in The House of the Seven Gables; 10. Lesser Breeds Without the Law: Law’s Empire in Lord Jim
11. A Jurisprudential Postscript: Century’s Close and the End of the Juridical Meta-Narrative?