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[...]... Fielding sketches inthe initial prison scene in Amelia For Fielding andthe other eighteenthcentury novelists, thelaw' s invasion of thefamily signals its end This is as true for Roxana and Clarissa as it is for Amelia If the Vicar of Wakefield's family is finally rescued from the prison, it is because the Vicar has domesticated the prison instead of the prison savaging the familyThefamily stands... described by Antonio Gramsci inthe following way: "If every State tends to create and maintain a certain type of civilisation and of citizen (and hence of collective life and of individual relations), and to eliminate certain customs and attitudes and to disseminate others, then theLaw will be its instrument for this purpose (together with the school system, and other institutions and activities)."35 One... beginning and groweth to perfection in this manner: When a reasonable act once done is found to be good and beneficiall to the people, and agreeable to their nature and disposition, then do they use it and practise it again and again, and so by often iteration, and multiplication of the act it becometh a Custome; and being continued without interruption time out of mind, it obtaineth the force of a Law. 29... of the peculiar traditions of English lawThe novel andthe law, then, will be treated as partners in forging a modern "collective consciousness." As the novelists encounter the new and recall the old, they hammer their representations upon the anvil of thelaw in order to create what Philip Corrigan and Derek Sayer have called the "'permissible' parameters and forms of individual identity" in the. .. trade supported by lawand what today would be called ideology Rather than relying on the coercive power of thelaw to maintain social order andthe fine distinctions of meum and tuum, Mandeville recommends other means of controlling the multitude for whom, inthe words of Rt S Neale, "[pjroperty was the material basis of civil society and its alienating consequences constituted the network of social... by supplying the stage for feelings of natural revulsion on behalf of the hero, provides the opportunity for the dissemination of a new, more continent system of values than the young Tom had practiced Inthe words of Michel Foucault, it "reaches into the very grain of individuals, touches their bodies and inserts itself into their actions and attitudes, their discourses, learning processes and everyday... for the individual to differentiate him or herself, as Amelia and Evelina both learn at Vauxhall At the same time, however, the history of the individual represented in novels - individualism's drama of autonomy and subjection - plays itself out inthefamily' s domestic sphere, inthe association of competing individuals that make up civil society, and finally inthe shadow of institutions under the. .. law played a directive part There was a revolution in historiography that generated new interest in describing and explaining continuity and change, custom and innovation over time.1 There were the political revolutions that generated new theories of power and authority.2 And there were the commercial revolutions that generated new forms of social life.3 Just as thelaw played a directive role in the. .. granted that since thelaw was worth studying, it must be capable of being rationalized and reduced to principles." Daniel Boorstin, The Mysterious Science of theLaw (1941; rpt Gloucester, Mass: Peter Smith, 1973), p 20 6 Familyandthelaw Bernard Mandeville, desires (the motor of competition) should be free to further the general good by promoting trade, which he calls the "Principal, but not the only... successfully in a competitive market society; that is, it enables them to exert their wills over against the wills of others who oppose them Social power - another phrase for the attainment of happiness - is predicated on the internalization of the juridical discourse This is part of the law' s cultural function, andthe novels "imagine the real" by making an alignment between juridically induced and rational . Sant
Family
and
the
Law in
Eighteenth-Century Fiction:
The
Public
Conscience
in
the Private Sphere
by John P. Zomchick
Family and
the
law in
eighteenth-century.
Family and the
law in
eighteenth-century
fiction
offers challenging new interpretations of the
public and private faces of individualism in the eighteenth-century