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Literary Criticism

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Can you give examples where literary criticism, other than Bleak House, influenced judicial reform?

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One important critical literary work that influenced judicial reform is Cesare Beccaria’s On Crimes and Punishments, originally published in Italian in 1764 as Dei delitti e delle pene. In addition, a French version of Beccaria’s essay by André Morellet is different enough to be considered a work in its own right rather than a translation. Beccaria’s work not only influenced judicial reform in Europe but also inspired early American legal philosophers such as Thomas Jefferson.

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The influence of Charles Dickens’s reform-minded novel Bleak House has antecedents in earlier critical literature, including significant Italian and French Enlightenment works.

In particular, Cesare Beccaria’s 1764 essayOn Crimes and Punishments took a strong critical stance on issues such as capital punishment. Originally published in Italian with the title Dei delitti e delle pene, Beccaria’s work quickly garnered acclaim throughout Europe. The breadth and longevity of its influence encompass England as well as Continental Europe and extend to the nascent United States. Legal and political philosophers who were influenced by Beccaria include Thomas Jefferson and John Adams.

Within a year, On Crimes and Punishments had been translated and adapted into French by André Morellet. Rather than simply translate the work, however, Morellet introduced numerous changes—both structural and interpretative. For these reasons, his version is often considered a separate work. Another French edition was produced with a commentary supposedly by...

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Voltaire; this was the basis of the English edition. In England, Beccaria influenced Jeremy Bentham, who proposed a modern penitentiary or Panopticon.

The Enlightenment emphasis on reason is evident in Beccaria’s recommendations, which advocate for a more rational approach to judgment and punishment. Along with arguing against the death penalty, which he categorized as murder, he suggests sweeping penal reform.

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What novels besides Bleak House have influenced judicial reform?

An example of a book in which literary criticism influenced judicial reform directly or indirectly include Norman Mailer's The Executioner's Song and, along that same line, Jack Abbott's book In the Belly of the Beast: Letters from Prison. As Mailer was doing research in preparation of writing his book The Executioner's Song, Jack Abbott, who himself was incarcerated at the time, reached out to offer his assistance in detailing a first-person description of prison life.

The two men formed a friendship, and Mailer wrote a laudatory review of Abbott's book that might have helped secure his parole and release from prison. Shortly after Abbott was released, he killed a total stranger in what still appears to have been a random act of violence.

Their books coupled with Abbott's crime resulted in a shift to the right of popular feelings about judicial reform that might have indirectly have affected judicial reform and also might have reinforced New York legislation prohibiting a perpetrator from benefiting from publishing writings about his or her crimes, the "Son of Sam law." The "Son of Sam law" was enacted in 1977. It prohibits convicted criminals from profiting from their crimes by writing books and/or entering into movie deals.

Specifically, after he was convicted of the murder, Abbott wrote another book, My Return, that he published in 1986. Four years later, the widow of the man he had murdered filed a lawsuit against him seeking $10 million in damages that led to a jury award of nearly $8 million in damages for the family of Abbott's victim.

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