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Chapter 4 - Aporias of retribution and questions of responsibility: the legacy of incarceration in Dickens's Bleak House

Published online by Cambridge University Press:  22 September 2009

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Summary

One of the causes of the delusion which attributes to the higher orders of pre-eminence in relative moral aptitude, i.e. in effective benevolence, is the association by which men are led to regard a man's benevolence as being in proportion to his benificence.

Bentham, Constitutional Code

The costs had absorbed the whole case, all the fortunes involved. And so the fantastic fog of Chancery is dispersed-and only the dead do not laugh.

Nabokov, Lectures on Literature

OUTLASTING DISAPPOINTMENT UNDER POSITIVE LAW

In Bleak House, Dickens revisits, more than in any other of his novels, the complexity of expectations that is at the center of Bentham's project. He shares with Bentham a sense of disappointment about the complex ways the common law is practiced. However, while his text displays a high degree of formal complexity, Dickens does not, generally speaking, allow the reader to diagnose specific social problems of complexity, which the text depicts, as symptoms of an identifiable cultural crisis.

Among Dickens's novels, Bleak House stands out because of the unique wayit combines encyclopedic density with formal innovation, engaging in semantic and, to a degree, semiotic problems of order and coherence. Bymeans of a specific formal disintegration in terms of length, density, and closure, the text participates in, and is meant to influence, symptoms of what many of Dickens's contemporaries perceive as the role of the law in social and psychological disintegration. However, their perception of unconnected symptoms of disintegration on the level of responses to legal practices may already express a defensive mechanism.

Type
Chapter
Information
Literature and Legal Discourse
Equity and Ethics from Sterne to Conrad
, pp. 124 - 202
Publisher: Cambridge University Press
Print publication year: 1999

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