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The Affective Conceptualization of the Law in Elizabeth Inchbald’s A Simple Story

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This study examines the affective conceptualization of the law in Elizabeth Inchbald’s A Simple Story in the context of the early 1790s “Revolution debate” in Britain. The relationship between feeling and the law became a controversial issue when Edmund Burke, in Reflections on the Revolution in France, exhorted the British people to have ‘affection’ for their constitution. Proponents of legal reform such as Mary Wollstonecraft and Thomas Paine criticized Burke’s sentimental rhetoric as a political ploy, urging instead for rational investigations into the wrongs of the legal system. Although it highlights the harms of an unjust law, A Simple Story insinuates that reason may have a limited role in redressing legal injustice. At Elmwood castle, presented as a microcosm of the British society, emotion rather than reason directs both the installation and repeal of the patriarch’s inequitable ‘law’. Through its unflinching portrayal of the irrelevance of reasoning in the vicissitudes of a private injunction, Inchbald’s novel suggests the need to explore, rather than ignore, the emotional context of legislation for truly meaningful legal reform.

Abstract

This study examines the affective conceptualization of the law in Elizabeth Inchbald’s A Simple Story in the context of the early 1790s “Revolution debate” in Britain. The relationship between feeling and the law became a controversial issue when Edmund Burke, in Reflections on the Revolution in France, exhorted the British people to have ‘affection’ for their constitution. Proponents of legal reform such as Mary Wollstonecraft and Thomas Paine criticized Burke’s sentimental rhetoric as a political ploy, urging instead for rational investigations into the wrongs of the legal system. Although it highlights the harms of an unjust law, A Simple Story insinuates that reason may have a limited role in redressing legal injustice. At Elmwood castle, presented as a microcosm of the British society, emotion rather than reason directs both the installation and repeal of the patriarch’s inequitable ‘law’. Through its unflinching portrayal of the irrelevance of reasoning in the vicissitudes of a private injunction, Inchbald’s novel suggests the need to explore, rather than ignore, the emotional context of legislation for truly meaningful legal reform.

참고문헌 (23)

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