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For over a century, writings in the Law & Literature genre have been largely restricted to works concerning lawyers and courtrooms. This despite early preeminent Law& Literature scholars' assertions that the genre should incorporate any writing that examines the intersection of law, crime, morality, and society. For over a half-century,

For over a century, writings in the Law & Literature genre have been largely restricted to works concerning lawyers and courtrooms. This despite early preeminent Law& Literature scholars' assertions that the genre should incorporate any writing that examines the intersection of law, crime, morality, and society. For over a half-century, Detroit novelist Elmore Leonard has been producing well-written, introspective novels about criminals, violence, and society's need to both understand and condemn these things, all under the broad, oft-marginalized genre of crime and detective fiction. This paper pairs the work of Elmore Leonard, using his successful novel Out of Sight as a stylistic framework, with the Law & Literature genre. After a dissection of the true definition of a Law & Literature and detective fiction, as well as an excavation of underlying themes and imports of Out of Sight, it is found that Law & Literature scholars need to be more inclusive of crime novels like Leonard's. And, given the characteristics of both genres, Leonard's novels are more appropriately classified as Law & Literature rather than detective fiction.
ContributorsWeier, Nicholas (Author) / Clarke, Deborah (Thesis advisor) / Lussier, Mark (Committee member) / Holbo, Christine (Committee member) / Arizona State University (Publisher)
Created2012
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Description
Criminal detection emerged as a significant literary element in mid-Victorian Realist and Sensation novels. These fictional detectives, much like their 20th-century successors, promised clarity and resolution as they solved crimes, caught criminals, helped victims, and explored complex narrative and social connections as they did so. However, while these fictional detectives

Criminal detection emerged as a significant literary element in mid-Victorian Realist and Sensation novels. These fictional detectives, much like their 20th-century successors, promised clarity and resolution as they solved crimes, caught criminals, helped victims, and explored complex narrative and social connections as they did so. However, while these fictional detectives may solve crimes and mysteries, they rarely provide the narrative resolution of later fictional detectives.This dissertation examines how Victorian Realist and Sensation fiction demonstrate how corrupt individuals and institutions legitimize themselves through displaced responsibility. The literature does this by subverting the expectations of the detective plot: those the detective pursues as criminals may be the real victims when the real villains – those in privileged and protected positions – persist without official consequence. Rather than provide narrative resolution, fictional detectives contribute to and reinforce these legitimizations while the literature displays how corrupt characters exploit their positions in social institutions, such as the law, the family, philanthropy, etc., that contribute to the victimization and criminalization of other characters. The literature responds to these conditions with the formation of care communities, or smaller social organizations where individuals can attend to these needs of one another. Rather than strike out at these corrupt social institutions’ pretenses of innocence, care communities provide havens for the abused and opportunities at recuperation, repentance, and forgiveness. Demonstrations of the ability or inability of detection, care, and social corruption to resolve social problems provide nuanced representations and the consequences of providing help or harm. This study focuses on 3 novels with investigative plots. First, Charles Dickens’ Bleak House (1852-3) as an example of Realist fiction that critiques how legal and philanthropic endeavors can be exploitative and contribute to crime and the social problems they are designed to prevent. Second, Ellen Wood’s East Lynne (1861) as an example of Sensation fiction and how mismanaged domestic spaces can lead to crime and wrongdoing in other social spaces. Third, Wilkie Collins’ The Moonstone (1868) as an example of Sensation fiction turning into detective fiction that considers how ingrained social and cultural values and practices initiate and perpetuate crime and wrongdoing.
ContributorsHatch, Michael P. (Author) / Bivona, Dan (Thesis advisor) / Free, Melissa (Committee member) / Broglio, Ron (Committee member) / Arizona State University (Publisher)
Created2023