This article argues that the trope of the young ward being threatened with enforced marriage by their guardian remained popular on the late seventeenth-century English stage, despite changes in the law of wardship which offered more protection to wards. It offers an overview of the changing laws of wardship in the seventeenth century and links these to representations of wardship in the work of William Shakespeare and George Wilkins on the one hand, and Thomas D’Urfey on the other. That D’Urfey continued to use, as a main driving action in his plays, the character of the greedy guardian who tries to enrich himself by infringing on the rights of his ward, is, however, less a representation of the legal situation at the time, and more a continuation of a popular, earlier-seventeenth-century trope.
{"title":"‘World Now Thou Seest What Tis to Be a Ward’: Representations of Wardship and Enforced Marriages on the Seventeenth-Century Stage","authors":"Lotte Fikkers","doi":"10.16995/olh.446","DOIUrl":"https://doi.org/10.16995/olh.446","url":null,"abstract":"This article argues that the trope of the young ward being threatened with enforced marriage by their guardian remained popular on the late seventeenth-century English stage, despite changes in the law of wardship which offered more protection to wards. It offers an overview of the changing laws of wardship in the seventeenth century and links these to representations of wardship in the work of William Shakespeare and George Wilkins on the one hand, and Thomas D’Urfey on the other. That D’Urfey continued to use, as a main driving action in his plays, the character of the greedy guardian who tries to enrich himself by infringing on the rights of his ward, is, however, less a representation of the legal situation at the time, and more a continuation of a popular, earlier-seventeenth-century trope.","PeriodicalId":43026,"journal":{"name":"Open Library of Humanities","volume":" ","pages":""},"PeriodicalIF":0.5,"publicationDate":"2020-06-15","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"47855995","PeriodicalName":null,"FirstCategoryId":null,"ListUrlMain":null,"RegionNum":0,"RegionCategory":"","ArticlePicture":[],"TitleCN":null,"AbstractTextCN":null,"PMCID":"","EPubDate":null,"PubModel":null,"JCR":null,"JCRName":null,"Score":null,"Total":0}
Although previous work on viewpoint techniques has shown that viewpoint is ubiquitous in narrative discourse, approaches to identify and analyze the linguistic manifestations of viewpoint are currently scattered over different disciplines and dominated by qualitative methods. This article presents the ViewPoint Identification Procedure (VPIP), the first systematic method for the lexical identification of markers of perceptual, cognitive and emotional viewpoint in narrative discourse. Use of this step-wise procedure is facilitated by a large appendix of Dutch viewpoint markers. After the introduction of the procedure and discussion of some special cases, we demonstrate its application by discussing three types of narrative excerpts: a literary narrative, a news narrative, and an oral narrative. Applying the identification procedure to the full news narrative, we show that the VPIP can be reliably used to detect viewpoint markers in long stretches of narrative discourse. As such, the systematic identification of viewpoint has the potential to benefit both established viewpoint scholars and researchers from other fields interested in the analytical and experimental study of narrative and viewpoint. Such experimental studies could complement qualitative studies, ultimately advancing our theoretical understanding of the relation between the linguistic presentation and cognitive processing of viewpoint. Suggestions for elaboration of the VPIP, particularly in the realm of pragmatic viewpoint marking, are formulated in the final part of the paper.
{"title":"VPIP: A Lexical Identification Procedure for Perceptual, Cognitive, and Emotional Viewpoint in Narrative Discourse","authors":"L. S. Eekhof, Kobie van Krieken, J. Sanders","doi":"10.16995/olh.483","DOIUrl":"https://doi.org/10.16995/olh.483","url":null,"abstract":"Although previous work on viewpoint techniques has shown that viewpoint is ubiquitous in narrative discourse, approaches to identify and analyze the linguistic manifestations of viewpoint are currently scattered over different disciplines and dominated by qualitative methods. This article presents the ViewPoint Identification Procedure (VPIP), the first systematic method for the lexical identification of markers of perceptual, cognitive and emotional viewpoint in narrative discourse. Use of this step-wise procedure is facilitated by a large appendix of Dutch viewpoint markers. After the introduction of the procedure and discussion of some special cases, we demonstrate its application by discussing three types of narrative excerpts: a literary narrative, a news narrative, and an oral narrative. Applying the identification procedure to the full news narrative, we show that the VPIP can be reliably used to detect viewpoint markers in long stretches of narrative discourse. As such, the systematic identification of viewpoint has the potential to benefit both established viewpoint scholars and researchers from other fields interested in the analytical and experimental study of narrative and viewpoint. Such experimental studies could complement qualitative studies, ultimately advancing our theoretical understanding of the relation between the linguistic presentation and cognitive processing of viewpoint. Suggestions for elaboration of the VPIP, particularly in the realm of pragmatic viewpoint marking, are formulated in the final part of the paper.","PeriodicalId":43026,"journal":{"name":"Open Library of Humanities","volume":" ","pages":""},"PeriodicalIF":0.5,"publicationDate":"2020-06-03","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"48549717","PeriodicalName":null,"FirstCategoryId":null,"ListUrlMain":null,"RegionNum":0,"RegionCategory":"","ArticlePicture":[],"TitleCN":null,"AbstractTextCN":null,"PMCID":"","EPubDate":null,"PubModel":null,"JCR":null,"JCRName":null,"Score":null,"Total":0}
This article triangulates three scenes in which law, psychoanalysis and literary modernism intersect, in order to excavate differing conceptions of the idea of denial. The article begins with a consideration of the landmark censorship case against the editors of The Little Review, Margaret Anderson and Jane Heap, for serialising James Joyce’s ‘obscene’ modernism; the article then shifts to the poet HD’s account of psychoanalysis with Sigmund Freud; and finally reflects on how HD’s poetic practice re-articulates ideas around psychoanalysis, law and denial. Drawing on thinkers across the fields of poetics, psychoanalysis and critical legal studies, this article argues that the concept of denial indexes a fundamental tension between the theoretical frameworks of psychoanalysis and the law. This article further argues that HD’s poetic practice seeks a mode of writing which can both represent and resist such theoretical constraint and contradiction.
{"title":"Justice Denied: Literary, Legal and Psychoanalytic Denial in the Age of Modernism","authors":"Vicky Sparrow","doi":"10.16995/olh.490","DOIUrl":"https://doi.org/10.16995/olh.490","url":null,"abstract":"This article triangulates three scenes in which law, psychoanalysis and literary modernism intersect, in order to excavate differing conceptions of the idea of denial. The article begins with a consideration of the landmark censorship case against the editors of The Little Review, Margaret Anderson and Jane Heap, for serialising James Joyce’s ‘obscene’ modernism; the article then shifts to the poet HD’s account of psychoanalysis with Sigmund Freud; and finally reflects on how HD’s poetic practice re-articulates ideas around psychoanalysis, law and denial. Drawing on thinkers across the fields of poetics, psychoanalysis and critical legal studies, this article argues that the concept of denial indexes a fundamental tension between the theoretical frameworks of psychoanalysis and the law. This article further argues that HD’s poetic practice seeks a mode of writing which can both represent and resist such theoretical constraint and contradiction.","PeriodicalId":43026,"journal":{"name":"Open Library of Humanities","volume":" ","pages":""},"PeriodicalIF":0.5,"publicationDate":"2020-05-04","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"44148497","PeriodicalName":null,"FirstCategoryId":null,"ListUrlMain":null,"RegionNum":0,"RegionCategory":"","ArticlePicture":[],"TitleCN":null,"AbstractTextCN":null,"PMCID":"","EPubDate":null,"PubModel":null,"JCR":null,"JCRName":null,"Score":null,"Total":0}
This article argues that David Foster Wallace’s writing can profitably be understood within paradigms of post-critique that show critical thought to be a form of forever-deferred inaction. Beginning with an examination of the histories of critique and post-critique, this article unearths the extent to which a post-correlationist aesthetics appears in Infinite Jest, before turning to the ways in which philosophical and literary representations collide in a selection of Wallace’s short fiction and essays. In sum, this article seeks to show how reflexive critical approaches to novels allow us to interrogate that very reading model itself while also spotlighting the problematic ethics of Wallace’s writing.
{"title":"Equivocationary Horseshit: Post-Correlationist Aesthetics and Post-Critical Ethics in the Works of David Foster Wallace","authors":"M. Eve","doi":"10.16995/olh.538","DOIUrl":"https://doi.org/10.16995/olh.538","url":null,"abstract":"This article argues that David Foster Wallace’s writing can profitably be understood within paradigms of post-critique that show critical thought to be a form of forever-deferred inaction. Beginning with an examination of the histories of critique and post-critique, this article unearths the extent to which a post-correlationist aesthetics appears in Infinite Jest, before turning to the ways in which philosophical and literary representations collide in a selection of Wallace’s short fiction and essays. In sum, this article seeks to show how reflexive critical approaches to novels allow us to interrogate that very reading model itself while also spotlighting the problematic ethics of Wallace’s writing.","PeriodicalId":43026,"journal":{"name":"Open Library of Humanities","volume":" ","pages":""},"PeriodicalIF":0.5,"publicationDate":"2020-03-24","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"47081772","PeriodicalName":null,"FirstCategoryId":null,"ListUrlMain":null,"RegionNum":0,"RegionCategory":"","ArticlePicture":[],"TitleCN":null,"AbstractTextCN":null,"PMCID":"","EPubDate":null,"PubModel":null,"JCR":null,"JCRName":null,"Score":null,"Total":0}
A key scholarly debate in late colonial law concerns the interpretation of the ‘reasonable man’. The reasonable man, whose paradigmatic status was itself a contested subject for English law, was all the more problematic for colonial law when the idea of a ‘reasonable native’ was presumed in and of itself to be questionable. Should the ‘native’ be held to the same standard of reasonableness as the Englishman? And if not, what standard of reason was valid? This article examines how popular literature of the period, both fiction and memoir, reflects these concerns. Focusing on accounts of colonial Nigeria, I show how this literature repeatedly complicates the perceived ‘reasonableness’ of both Europeans and colonial subjects. Moreover, I demonstrate that these complications, frequently dramatized through narratives of the uncanny, make visible colonial anxieties about the distinction between native custom and colonial authority.
{"title":"The ‘Reasonable Man’ in Colonial Nigeria","authors":"K. Baxter","doi":"10.16995/olh.495","DOIUrl":"https://doi.org/10.16995/olh.495","url":null,"abstract":"A key scholarly debate in late colonial law concerns the interpretation of the ‘reasonable man’. The reasonable man, whose paradigmatic status was itself a contested subject for English law, was all the more problematic for colonial law when the idea of a ‘reasonable native’ was presumed in and of itself to be questionable. Should the ‘native’ be held to the same standard of reasonableness as the Englishman? And if not, what standard of reason was valid? This article examines how popular literature of the period, both fiction and memoir, reflects these concerns. Focusing on accounts of colonial Nigeria, I show how this literature repeatedly complicates the perceived ‘reasonableness’ of both Europeans and colonial subjects. Moreover, I demonstrate that these complications, frequently dramatized through narratives of the uncanny, make visible colonial anxieties about the distinction between native custom and colonial authority.","PeriodicalId":43026,"journal":{"name":"Open Library of Humanities","volume":" ","pages":""},"PeriodicalIF":0.5,"publicationDate":"2020-03-06","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"43395997","PeriodicalName":null,"FirstCategoryId":null,"ListUrlMain":null,"RegionNum":0,"RegionCategory":"","ArticlePicture":[],"TitleCN":null,"AbstractTextCN":null,"PMCID":"","EPubDate":null,"PubModel":null,"JCR":null,"JCRName":null,"Score":null,"Total":0}
This article offers a feminist reading of Josephine Tey's 1948 Domestic Noir novel The Franchise Affair, with a specific focus on the figure of the fille fatale. I investigate the gender-political dimensions of justice and the law, in order to establish the psychological, literary and legal contexts for representing female sexuality and social class in the late Golden Age crime genre. The article furthermore discusses pedagogy, specifically using The Franchise Affair as a teaching and learning case study for the employment of critical pedagogy in the contemporary diverse undergraduate classroom.
{"title":"“Seeing the Actual Physical Betty Kane”: Reading the Fille Fatale in Josephine Tey’s The Franchise Affair in the Age of #metoo","authors":"C. Beyer","doi":"10.16995/olh.470","DOIUrl":"https://doi.org/10.16995/olh.470","url":null,"abstract":"This article offers a feminist reading of Josephine Tey's 1948 Domestic Noir novel The Franchise Affair, with a specific focus on the figure of the fille fatale. I investigate the gender-political dimensions of justice and the law, in order to establish the psychological, literary and legal contexts for representing female sexuality and social class in the late Golden Age crime genre. The article furthermore discusses pedagogy, specifically using The Franchise Affair as a teaching and learning case study for the employment of critical pedagogy in the contemporary diverse undergraduate classroom.","PeriodicalId":43026,"journal":{"name":"Open Library of Humanities","volume":" ","pages":""},"PeriodicalIF":0.5,"publicationDate":"2019-12-17","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"46209371","PeriodicalName":null,"FirstCategoryId":null,"ListUrlMain":null,"RegionNum":0,"RegionCategory":"","ArticlePicture":[],"TitleCN":null,"AbstractTextCN":null,"PMCID":"","EPubDate":null,"PubModel":null,"JCR":null,"JCRName":null,"Score":null,"Total":0}
In this article, I consider Elizabeth Bowen’s depiction of the impact on citizens of their changing political and legal relationship to the British state during World War II, using Agamben and Freud’s writing about wartime behaviour of the state to illuminate Bowen’s short fiction, in particular ‘The Demon Lover’ and ‘Green Holly.’ Although from different points on the political spectrum, Agamben, like Bowen, is opposed to the expansion of the state into the lives of citizens. As a legal philosopher, he has written extensively on the early to mid-twentieth century, and the article takes his theory, expressed in The State of Exception, as its starting point. The article goes on to compare the evocation of the state’s presence and treatment of its citizens in ‘The Demon Lover’ and ‘Green Holly,’ incorporating Freud’s essay ‘Thoughts for the Times on War and Death.’ I then focus on Bowen’s portrayal of the socio-legal predicament that women were placed in through consideration of the literary antecedents to ‘The Demon Lover,’ the history of state surveillance of war widows, and Bowen’s short radio play, ‘A Year I Remember – 1918.’ The article culminates with the most exceptional state in the stories, and in Freud: the ghosts. I discuss the extent to which they represent the unmourned wartime dead or the existential anxiety experienced not only because of the threat of death during war, but also, the threat to individuality, rights and legal status created by the state of exception.
{"title":"The State of Exception and Exceptional States in Elizabeth Bowen’s Wartime Ghost Stories","authors":"L. Murphy","doi":"10.16995/olh.477","DOIUrl":"https://doi.org/10.16995/olh.477","url":null,"abstract":"In this article, I consider Elizabeth Bowen’s depiction of the impact on citizens of their changing political and legal relationship to the British state during World War II, using Agamben and Freud’s writing about wartime behaviour of the state to illuminate Bowen’s short fiction, in particular ‘The Demon Lover’ and ‘Green Holly.’ Although from different points on the political spectrum, Agamben, like Bowen, is opposed to the expansion of the state into the lives of citizens. As a legal philosopher, he has written extensively on the early to mid-twentieth century, and the article takes his theory, expressed in The State of Exception, as its starting point. The article goes on to compare the evocation of the state’s presence and treatment of its citizens in ‘The Demon Lover’ and ‘Green Holly,’ incorporating Freud’s essay ‘Thoughts for the Times on War and Death.’ I then focus on Bowen’s portrayal of the socio-legal predicament that women were placed in through consideration of the literary antecedents to ‘The Demon Lover,’ the history of state surveillance of war widows, and Bowen’s short radio play, ‘A Year I Remember – 1918.’ The article culminates with the most exceptional state in the stories, and in Freud: the ghosts. I discuss the extent to which they represent the unmourned wartime dead or the existential anxiety experienced not only because of the threat of death during war, but also, the threat to individuality, rights and legal status created by the state of exception.","PeriodicalId":43026,"journal":{"name":"Open Library of Humanities","volume":" ","pages":""},"PeriodicalIF":0.5,"publicationDate":"2019-11-29","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"46913623","PeriodicalName":null,"FirstCategoryId":null,"ListUrlMain":null,"RegionNum":0,"RegionCategory":"","ArticlePicture":[],"TitleCN":null,"AbstractTextCN":null,"PMCID":"","EPubDate":null,"PubModel":null,"JCR":null,"JCRName":null,"Score":null,"Total":0}
Court records can be some of the most rewarding but also some of the most problematic source types available to the historian of premodernity. This introduction to the ‘New Approaches to Late Medieval Court Records’ Special Collection presents an overview of some of the most important historiography based on these sources, touching on fundamental methodological debates about their nature and the possibilities of their use by historians.
{"title":"Introduction: New Approaches to Late Medieval Court Records","authors":"Frans Camphuijsen, J. Page","doi":"10.16995/olh.505","DOIUrl":"https://doi.org/10.16995/olh.505","url":null,"abstract":"Court records can be some of the most rewarding but also some of the most problematic source types available to the historian of premodernity. This introduction to the ‘New Approaches to Late Medieval Court Records’ Special Collection presents an overview of some of the most important historiography based on these sources, touching on fundamental methodological debates about their nature and the possibilities of their use by historians.","PeriodicalId":43026,"journal":{"name":"Open Library of Humanities","volume":" ","pages":""},"PeriodicalIF":0.5,"publicationDate":"2019-11-29","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"44291257","PeriodicalName":null,"FirstCategoryId":null,"ListUrlMain":null,"RegionNum":0,"RegionCategory":"","ArticlePicture":[],"TitleCN":null,"AbstractTextCN":null,"PMCID":"","EPubDate":null,"PubModel":null,"JCR":null,"JCRName":null,"Score":null,"Total":0}
It is not news to suggest that the law treated drugs like opium differently in the nineteenth century compared to today. These days, opium falls within the category of psychoactive drugs, for the purposes of the Psychoactive Substances Act 2016. This is because it ‘produces a psychoactive effect in a person … by stimulating or depressing the person’s central nervous system … [thereby] affect[ing] the person’s mental functioning or emotional state’ (section 2(2)).[i] There was no equivalent provision in any nineteenth-century law. The suggestion here is that the law of the time – specifically, the law in England – was incapable of regulating the use of such drugs because lawmakers did not have a conception of what “mental functioning” was; and, without such an idea, they had no basis upon which to seek to control the impact of the drugs. Expressed differently, without an understanding of the mind of the legal subject, those applying the law were limited in their capacity to understand the threats, posed by opium, to that subject’s mind. While the law was almost completely silent on this drug, popular culture was not. In this article I will sample a number of literary works that referred to opium use in order to explore the popular understanding of opium in English culture – including texts by Thomas De Quincey, Wilkie Collins and Arthur Conan Doyle. Taken together, a particular trajectory of attitudes may be deduced. A key benefit of looking at these examples is evident in the assessment that ‘novelists are quick to respond to the movement of our times, they know that we are ready to analyse our inner experience with an intimacy that our forefathers would have felt to be intolerable’ (Terman, 1919: ix). I will demonstrate that these authors, in turn, presage the changes to the regulation of drugs in the early twentieth century.
{"title":"Nineteenth-Century Law, Literature and Opium","authors":"Chris Dent","doi":"10.16995/olh.465","DOIUrl":"https://doi.org/10.16995/olh.465","url":null,"abstract":"It is not news to suggest that the law treated drugs like opium differently in the nineteenth century compared to today. These days, opium falls within the category of psychoactive drugs, for the purposes of the Psychoactive Substances Act 2016. This is because it ‘produces a psychoactive effect in a person … by stimulating or depressing the person’s central nervous system … [thereby] affect[ing] the person’s mental functioning or emotional state’ (section 2(2)).[i] There was no equivalent provision in any nineteenth-century law. The suggestion here is that the law of the time – specifically, the law in England – was incapable of regulating the use of such drugs because lawmakers did not have a conception of what “mental functioning” was; and, without such an idea, they had no basis upon which to seek to control the impact of the drugs. Expressed differently, without an understanding of the mind of the legal subject, those applying the law were limited in their capacity to understand the threats, posed by opium, to that subject’s mind. While the law was almost completely silent on this drug, popular culture was not. In this article I will sample a number of literary works that referred to opium use in order to explore the popular understanding of opium in English culture – including texts by Thomas De Quincey, Wilkie Collins and Arthur Conan Doyle. Taken together, a particular trajectory of attitudes may be deduced. A key benefit of looking at these examples is evident in the assessment that ‘novelists are quick to respond to the movement of our times, they know that we are ready to analyse our inner experience with an intimacy that our forefathers would have felt to be intolerable’ (Terman, 1919: ix). I will demonstrate that these authors, in turn, presage the changes to the regulation of drugs in the early twentieth century.","PeriodicalId":43026,"journal":{"name":"Open Library of Humanities","volume":" ","pages":""},"PeriodicalIF":0.5,"publicationDate":"2019-11-25","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"48119163","PeriodicalName":null,"FirstCategoryId":null,"ListUrlMain":null,"RegionNum":0,"RegionCategory":"","ArticlePicture":[],"TitleCN":null,"AbstractTextCN":null,"PMCID":"","EPubDate":null,"PubModel":null,"JCR":null,"JCRName":null,"Score":null,"Total":0}
An afterword to the special collection 'New Approaches to Medieval Court Records'. The piece reflects on the role of law courts in medieval and early modern state formation, and offers critical assessment of the state of the field, examining chronological and geographical limitations to current scholarship.
{"title":"Afterword: Court Records and the Growth of States 1100–1800","authors":"I. Forrest","doi":"10.16995/olh.518","DOIUrl":"https://doi.org/10.16995/olh.518","url":null,"abstract":"An afterword to the special collection 'New Approaches to Medieval Court Records'. The piece reflects on the role of law courts in medieval and early modern state formation, and offers critical assessment of the state of the field, examining chronological and geographical limitations to current scholarship.","PeriodicalId":43026,"journal":{"name":"Open Library of Humanities","volume":" ","pages":""},"PeriodicalIF":0.5,"publicationDate":"2019-11-21","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"48765266","PeriodicalName":null,"FirstCategoryId":null,"ListUrlMain":null,"RegionNum":0,"RegionCategory":"","ArticlePicture":[],"TitleCN":null,"AbstractTextCN":null,"PMCID":"","EPubDate":null,"PubModel":null,"JCR":null,"JCRName":null,"Score":null,"Total":0}
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