Criminal conversations : sentimentality and nineteenth-century legal stories of adultery
著者
書誌事項
Criminal conversations : sentimentality and nineteenth-century legal stories of adultery
（The Social foundations of aesthetic forms series）
Columbia University Press, c1998
- : cloth
- : paper
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注記
Includes bibliographical references (p. [223]-235) and index
内容説明・目次
- 巻冊次
-
: cloth ISBN 9780231105088
内容説明
Storytelling is an essential aspect of any legal case. But what kinds of stories win cases, and why? Criminal Conversations explores sentimentality as both a literary genre and a rhetorical strategy in the novels and courtrooms of late nineteenth- and early twentieth-century America. By focusing on "criminal conversation"--the civil tort whereby a cuckold sues his wife's lover to for damages to his property rights from the adultery--Korobkin argues that literary discourse, used in the courtroom, affects the outcomes of legal cases. She shows how lawyers used sentimentality strategically to guide juries in reaching verdicts, and how appellate courts appropriated the rhetoric, plots, and characters of sentimental fiction to redefine husbands' and wives' marital obligations. Criminal Conversations begins by tracking the legal fictions that were part of the civil tort of adultery from its origins in the English Renaissance. Korobkin then examines in detail the final arguments at Henry Ward Beecher's sensational criminal conversation trial of 1874-1875.
The final part of the book takes up a series of appellate decisions that decided whether women could bring criminal conversation cases against their husbands' female lovers. Drawing on court documents, as well as literary examples from E.D.E.N. Southworth, Mark Twain, T. S. Arthur, and others, Korobkin explores the intersections of gender, genre, law, and story, revealing the ways in which the courtroom became a site of empowerment for women around the turn of the century. A major contribution to our understanding of the legal power of literary stories and styles, Criminal Conversations will be of interest to students of law, literature, rhetoric, and women's studies.
目次
Introduction and Historical Foundation Prologue: Telling Stories in the Courtroom Criminal Conversation and the Conversational Process of the Law The Transformative Magic of Legal Fictions: The Suppression of Sex in Early English Civil Adultery Cases Theodore Tilton v. Henry Ward Beecher: Criminal Conversation, 1875 Prologue: Crisis of Confidence in the Courtroom The Maintenance of Mutual Confidence: Sentimental Strategies at the Beecher-Tilton Trial Silent Woman, Speaking Fiction: The "ministry of Catherine Gaunt" at the Beecher-Tilton Trial Female-Plaintiff Criminal Conversation Cases: Rewriting the Law's Story of Marriage Prologue: Four Cases Rethinking the Law's Story of Marriage: The Bonds of Sentiment Consequences of Change: The Sexually Passive Husband and the Erotically Autonomous Wife
- 巻冊次
-
: paper ISBN 9780231105095
内容説明
Storytelling is an essential aspect of any legal case. But what kinds of stories win cases, and why? Criminal Conversations explores sentimentality as both a literary genre and a rhetorical strategy in the novels and courtrooms of late nineteenth- and early twentieth-century America. By focusing on "criminal conversation"--the civil tort whereby a cuckold sues his wife's lover to for damages to his property rights from the adultery--Korobkin argues that literary discourse, used in the courtroom, affects the outcomes of legal cases. She shows how lawyers used sentimentality strategically to guide juries in reaching verdicts, and how appellate courts appropriated the rhetoric, plots, and characters of sentimental fiction to redefine husbands' and wives' marital obligations.Criminal Conversations begins by tracking the legal fictions that were part of the civil tort of adultery from its origins in the English Renaissance. Korobkin then examines in detail the final arguments at Henry Ward Beecher's sensational criminal conversation trial of 1874-1875.
The final part of the book takes up a series of appellate decisions that decided whether women could bring criminal conversation cases against their husbands' female lovers. Drawing on court documents, as well as literary examples from E.D.E.N. Southworth, Mark Twain, T. S. Arthur, and others, Korobkin explores the intersections of gender, genre, law, and story, revealing the ways in which the courtroom became a site of empowerment for women around the turn of the century. A major contribution to our understanding of the legal power of literary stories and styles, Criminal Conversations will be of interest to students of law, literature, rhetoric, and women's studies.
目次
Introduction and Historical Foundation Prologue: Telling Stories in the Courtroom Criminal Conversation and the Conversational Process of the Law The Transformative Magic of Legal Fictions: The Suppression of Sex in Early English Civil Adultery Cases Theodore Tilton v. Henry Ward Beecher: Criminal Conversation, 1875 Prologue: Crisis of Confidence in the Courtroom The Maintenance of Mutual Confidence: Sentimental Strategies at the Beecher-Tilton Trial Silent Woman, Speaking Fiction: The "ministry of Catherine Gaunt" at the Beecher-Tilton Trial Female-Plaintiff Criminal Conversation Cases: Rewriting the Law's Story of Marriage Prologue: Four Cases Rethinking the Law's Story of Marriage: The Bonds of Sentiment Consequences of Change: The Sexually Passive Husband and the Erotically Autonomous Wife
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