참고문헌 (39)

1. Feminist Jurisprudence Smith Patricia 1993 

2. Wilczynski, Ania. 1997. Child Homicide 149-65. London: Greenwich Medical Media. In this paper, I use the term ‘infanticide’ to refer broadly to the murder of a child by any person. This is in keeping with nineteenth-century usage of the term; it was not then a legal term of art. Under British law today, pursuant to the Infanticide Act of 1938, ‘infanticide’ specifically refers to an offence that may be committed by a mother of a child under the age of twelve months if it is determined that the mother committed a wilful act or omission which resulted in her child's death when ‘the balance of her mind was disturbed by reason of her not having fully recovered from the effect of giving birth to the child or by reason of the effect of lactation consequent upon the birth of the child’. This offence is punished as manslaughter, not murder. See Infanticide Act, 1938 (1 & 2 Geo. 6, c. 36). For additional information on twentieth-century infanticide legislation, see the chapter on ‘Hormones and Homicide’ in 

3. Smart, Carol. 1990. Dissenting Opinions: Feminist Explorations in Law and Society Edited by: Graycar, Regina. 7Sydney: Allen. I agree with that phallogocentrism, a neologism constructed from phallo centric and logocentric, is a useful concept for a feminist analysis of the law because it moves away from ‘superficial notions like prejudice, sexism and misogyny which oversimplify…gender relations’ toward ones that convey the gender oppression in language and in the construction of knowledge. See Carol Smart, ‘Law's Truth/women's experience’ 

4. Dickens. 1993. In Common Cause: The Conservative Frances Trollope and the Radical Frances Wright 116Bowling Green: Bowling Green State University Press. almost infantile jealousy of Trollope early in his career led to such comments as ‘I will express no fuller opinion of Mrs. Trollope, than that I think Mr. Trollope must have been an old dog and chosen his wife from the same species’ (letter to S. Laman Blanchard, quoted in Susan S. Kissel, For a discussion of Dickens' literary debt to Trollope, see 115-22. 

5. Jessie Phillips: A Tale of the Present Day Trollope Frances 3 1843 

6. Dickens, Charles. 1985. Oliver Twist 55London: Penguin. 

7. Gregory, Klein Kathleen. 1995. The Woman Detective: Gender & Genre , 2nd ed. 18Urbana: University of Illinois Press. The first fictional woman detective appeared in 1864 in The Female Detective . See The first woman to practice law in Britain was admitted to the profession in 1922. See Brian Abel-Smith and Robert Stevens, Lawyers and the Courts: A Sociological Study of the English Legal System 1750-1965 (Cambridge: Harvard University Press, 1967), 194. 

8. Notre Dame Law Review Finley Lucinda 888 64 1989 

9. Said, Edward. 1993. Culture and Imperialism 77New York: Vintage. 

10. Miller, D. A. 1988. The Novel and the Police 103-4. Berkeley: University of California Press. 

11. Kristeva, Julia. 1986. The Kristeva Reader Edited by: Moi, Toril. Vol. 55, 58-9. Oxford: Blackwell. ‘Word, Dialogue and Novel’, 1966, rpt. and trans. in Desire in Language , trans. Alice Jardine, Thomas Gora and Leon S. Roudiez, 1980, rpt. 

12. Kristeva, Julia. 1986. The Kristeva Reader Edited by: Toril, Moi. 111Oxford: Blackwell. Revolution in Poetic Language , trans. Margaret Waller, 1984, rpt. 

13. Journal of Legal Education Bender Leslie 9 38 1988 

14. Bakhtin, M. M. 1981. The Dialogic Imagination Edited by: Holquist, Michael. 15Austin: University of Texas Press. trans. Caryl Emerson and Michael Holquist, ed. 

15. Pickering, Danby, ed. 1763. Statutes at Large 298Cambridge: Bentham. 

16. Hoffer, Peter C. and Hull, N. E.H. 1981. Murdering Mothers: Infanticide in England and New England 1558-1803 13-18. New York: New York University Press. The 1624 statute was enacted out of concern that ‘lewd women’ were escaping the strictures of the bastardy clauses of the ‘poor law’ of 1576 (18 Eliz. I, c. 3), which provided for corporal punishment and gaol time for both parents. With the high rate of infant mortality, there was much incentive for an unwed mother to conceal her pregnancy because, in the not unlikely event that her child was stillborn or died from other natural causes, she might, through concealment, escape certain punishment under the bastardy laws (as well as the social judgment which the law abetted and legitimised). Hoffer and Hull, who provide detailed information about the 1576 bastardy clauses, conclude that women bore the brunt of the punishment under these laws, with fathers either fleeing or disputing accusations of paternity. See For a helpful summary of the subsequent laws enacted relating to bastardy, see U.R.Q. Henriques, ‘Bastardy and the New Poor Law’, Past and Present 37 (1967): 103-5. 

17. 1834. Report From His Majesty's Commissioners for Inquiring Into the Administration and Practical Operation of the Poor Laws 176London: Fellowes. (evidence of Mr Simeon). For an analysis of the Commissioners' Report in terms of melodrama, see Lenora P. Ledwon, ‘Legal Fictions: Constructions of the Female Legal Subject in Nineteenth-Century Law and Literature’, unpublished PhD dissertation, University of Notre Dame (1992), 54-67. Ledwon argues that the Report deviates from conventional melodramatic conventions by figuring the persecuted innocent as male, in need of protection from predatory females. 

18. 10.1017/CBO9780511528590 

    

19. Blackstone, William. 1765. Commentaries on the Laws of England Vol. 1, 430Oxford: Clarendon. 

20. Doggett, Maeve E. 1992. Marriage, Wife-Beating and the Law in Victorian England 34-61. London: Weidenfeld. For a detailed analysis of a wife's legal disabilities (including exceptions to the general rules), see 

21. Stone, Lawrence. 1977. The Family, Sex and Marriage in England 1500-1800 30-7. New York: Harper. For a discussion of laws governing marriage up to and including Lord Hardwicke's Marriage Act, see 

22. Smart, Carol. 1992. Regulating Womanhood: Historical Essays on Marriage, Motherhood and Sexuality Edited by: Smart, Carol. Vol. 8, 24London: Routledge. ‘Disruptive Bodies and Unruly Sex: The Regulation of Reproduction and Sexuality in the Nineteenth Century’ 

23. Duke Law Journal Fineman Martha L. 285 1991 

24. Narrating Mothers: Theorizing Maternal Subjectivities Daly Brenda O. 1 1991 

25. Mackay, Thomas. 1900. A History of the English Poor Law Vol. 3, 157-72. New York: Putnam's. For a discussion of the administration of the New Poor Law, see 

26. Shanley, Mary Lyndon. 1989. Feminism, Marriage, and the Law in Victorian England, 1850-1895 177-87. Princeton: Princeton University Press. For a discussion of a husband's legal right to his wife's body, specifically regarding conjugal rights and marital rape, see 

27. Rewriting the Renaissance: The Discourses of Sexual Difference in Early Modern Europe Stallybrass Peter 126 1986 

28. Gilligan, Carol. 1982. In A Different Voice Vol. 29, 164Cambridge: Harvard University Press. In her work as a developmental psychologist, Carol Gilligan has identified two different moral ideologies, an ‘ethic of justice’ and an ‘ethic of care’. Systems of logic and law and personal autonomy are key aspects of an ethic of justice; an ethic of care emphasizes relationships, communication, connection, responsibility, and a recognition of differences in need. See 

29. University of Toronto Quarterly Matus Jill 338 62 1993 

30. International Journal of Women's Studies Heineman Helen 102 1 1978 

31. Infant Mortality: Its Causes and Remedies 1871 

32. 1981. The Fallen Angel: Chastity, Class and Women's Reading, 1835-1880 23-7. Bowling Green: Bowling Green University Popular Press. In suggesting that Jessie Phillips has been erased, I do not want to discount the work that Helen Heineman and Lenora Ledwon have done on Jessie Phillips . See Heineman, ‘Sexual Politics’, 96-106; and Ledwon, ‘Legal Fictions’, 47-105. Sally Mitchell also includes a brief analysis of the novel in her study, as does Joseph Kestner in Protest and Reform: The British Social Narrative by Women 1827-1867 (London: Methuen 1985), 104-9. Relative to other nineteenth-century literary characters associated with infanticide such as Effie Deans from Sir Walter Scott's 1818 novel The Heart of Midlothian and Hetty Sorrel, however, I think it is fair to characterise Jessie as lost. 

33. Sadleir, Michael. 1927. Trollope: A Commentary 112London: Constable. This quote appears in Sadleir with no citation. See 

34. Heineman, Helen. 1984. Frances Trollope 10Boston: Twayne. At the age of thirty, Trollope married a lawyer and became the mother of seven children over the next eight years. The Trollopes were plagued by financial difficulties and Frances engaged in several business ventures in America before turning to writing at the age of fifty-three to support the family. Her first book, Domestic Manners of the Americans (1832), was an immediate success and marked the beginning of her twenty-five year writing career. 

35. Fanny Trollope: A Remarkable Life Ransom Teresa 1995 

36. Trollope, Anthony. 1923. An Autobiography, 1883 20London: Oxford University Press. 

37. The Reasonable Man: Trollope's Legal Fiction Lansbury Coral 1981 10.1515/9781400855766 

    

38. West, Robin. Jurisprudence and Gender. The University of Chicago law review, vol.55, no.1, 1-.

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39. Fitzpatrick, Peter. 1991. Dangerous Supplements: Resistance and Renewal in Jurisprudence 2Durham: Duke University Press.