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9 - Settling out of court

Published online by Cambridge University Press:  18 December 2009

Kieran Dolin
Affiliation:
University of Western Australia, Perth
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Summary

One of the witnesses in the trial of Phineas Finn, in Trollope's Phineas Redux, is a novelist, Mr. Bouncer. The surly Chaffanbrass does not cross-examine him on his evidence, but tests the prosecution case according to the canons of fiction! After conducting him through murders in Shakespeare, Scott and Bulwer, Chaffanbrass suggests to Bouncer, “ ‘You would not dare so to violate probability in a novel, as to produce a murderer … who should contrive a secret hidden murder, – contrive it and execute it, all within a quarter of an hour?’ ” This episode inverts the novel's usual fascination with the law by making the law attend to fiction. It represents the obverse of the demand for authentication addressed by Walter Hartright in The Woman in White. This fantasy is Trollope's last hurrah against the lawyers, and a jocular assertion of fiction's claim to rival the law as an authoritative interpreter of reality. The effect of adducing literary evidence in a legal trial in a novel is an unpretentiously comic, but nonetheless watertight, imbrication of novel and law.

While Trollope's claim to authoritative representation is based on writers being “ masters of human nature,” the novelists here studied have characteristically challenged the cultural forms through which human nature has been required to express itself. The cases of Effie Deans, Esther Summerson, Billy Budd and Doctor Aziz tell of the various fates awaiting those victimized by restrictive conceptions of the human and the natural.

Type
Chapter
Information
Fiction and the Law
Legal Discourse in Victorian and Modernist Literature
, pp. 193 - 200
Publisher: Cambridge University Press
Print publication year: 1999

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  • Settling out of court
  • Kieran Dolin, University of Western Australia, Perth
  • Book: Fiction and the Law
  • Online publication: 18 December 2009
  • Chapter DOI: https://doi.org/10.1017/CBO9780511549342.009
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  • Settling out of court
  • Kieran Dolin, University of Western Australia, Perth
  • Book: Fiction and the Law
  • Online publication: 18 December 2009
  • Chapter DOI: https://doi.org/10.1017/CBO9780511549342.009
Available formats
×

Save book to Google Drive

To save content items to your account, please confirm that you agree to abide by our usage policies. If this is the first time you use this feature, you will be asked to authorise Cambridge Core to connect with your account. Find out more about saving content to Google Drive.

  • Settling out of court
  • Kieran Dolin, University of Western Australia, Perth
  • Book: Fiction and the Law
  • Online publication: 18 December 2009
  • Chapter DOI: https://doi.org/10.1017/CBO9780511549342.009
Available formats
×