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Masculinity and the Trials of Modern Fiction Masculinity and the Trials of Modern Fiction How do lawyers, judges and jurors read novels? And what is at stake when litera- ture and law confront each other in the courtroom? Nineteenth-century England and France are remembered for their active legal prosecution of literature, and this book examines the ways in which five novels were interpreted in the court- room: Gustave Flaubert’s Madame Bovary, Paul Bonnetain’s Charlot s’amuse, Henry Vizetelly’s English translation of Émile Zola’s La Terre, Oscar Wilde’s The Picture of Dorian Gray and Radclyffe Hall’s The Well of Loneliness. It argues that each of these novels attracted legal censure because they presented figures of sexual dissidence – the androgyne, the onanist or masturbator, the patricide, the homosexual and the lesbian – that called into question an increasingly fragile normative, middle- class masculinity. Offering close readings of the novels themselves, and of legal material from the proceedings, such as the trial transcripts and judicial opinions, the book addresses both the doctrinal dimensions of Victorian obscenity and censorship, as well as the reading practices at work in the courtroom. It situates the cases in their historical context, and highlights how each trial constitutes a scene of reading – an encounter between literature and the law – through which different forms of masculinity were shaped, bolstered or challenged. Marco Wan is Associate Professor of Law and Honorary Associate Professor of English at the University of Hong Kong. Masculinity and the Trials of Modern Fiction Marco Wan First published 2017 by Routledge 2 Park Square, Milton Park, Abingdon, Oxon, OX14 4RN and by Routledge 711 Third Avenue, New York, NY 10017 a Glasshouse book Routledge is an imprint of the Taylor & Francis Group, an informa business © 2017 Marco Wan The right of Marco Wan to be identified as editors of this work has been asserted by him in accordance with sections 77 and 78 of the Copyright, Designs and Patents Act 1988. All rights reserved. No part of this book may be reprinted or reproduced or utilised in any form or by any electronic, mechanical, or other means, now known or hereafter invented, including photocopying and recording, or in any information storage or retrieval system, without permission in writing from the publishers. Trademark notice: Product or corporate names may be trademarks or registered trademarks, and are used only for identification and explanation without intent to infringe. British Library Cataloguing in Publication Data A catalogue record for this book is available from the British Library Library of Congress Cataloging-in-Publication Data Names: Wan, Marco, author. Title: Masculinity and the trials of modern fiction / Marco Wan. Description: Abingdon, Oxon ; New York, NY : Routledge, 2017. | Series: Discourses of law | “A Glasshouse book.” | Includes bibliographical references and index. Identifiers: LCCN 2016020594 | ISBN 9781138684195 (hbk) | ISBN 9781315544083 (ebk) Subjects: LCSH: Trials (Obscenity)—France—History. | Trials (Obscenity)—England—History. | Law and literature—France—History. | Law and literature—England—History. | Sexual freedom in literature. | Masculinity in literature. Classification: LCC KJC67.O27 W36 2017 | DDC 345.42/0274—dc23 LC record available at https://lccn.loc.gov/2016020594 ISBN: 9781138684195 (hbk) ISBN: 9781315544083 (ebk) Typeset in Baskerville by Keystroke, Neville Lodge, Tettenhall, Wolverhampton To my family Contents Acknowledgements ix Introduction: legal interpretation, gender and the novel 1 1 The Madame Bovary trial: the lascivious painting of Flaubert’s androgyne 26 2 The Charlot s’amuse trial: onanism and the scandal of naturalist fiction 51 3 The Henry Vizetelly trials: Émile Zola’s obscene patricide 80 4 The Oscar Wilde trials: reading sodomitical texts in court 105 5 The Well of Loneliness trials: lesbianism and the return of the repressed 128 Bibliography 161 Index 172 Acknowledgements This book has been a long time in the making, and I have benefited enormously from the knowledge, patience, kindness and intelligence of many people over the years. I would like to thank Jan-Melissa Schramm, Mary Jacobus and Yota Batsaki for guiding my PhD thesis and for showing me what it means to be a rigorous and ethical scholar. Jeremy Tambling and Maria Aristodemou sharpened my thinking about the relationship between law, literature and gender. Nicola Lacey generously took the time to read the manuscript in the final stages of the project and provided many insightful comments. Peter Goodrich has been, and continues to be, an inspiration. Andrew Counter read every word I wrote with love and care. The project has also been enriched by conversations with Peter Brooks, Johannes Chan, Janet Halley, Elaine Ho, Chris Hutton, Douglas Kerr, Janny Leung, Bill MacNeil, Daniel Matthews, Paul Raffield, Mitra Sharafi, Andy Tucker, Scott Veitch, Gary Watt and Kenji Yoshino. Finally, I would like to thank my family for their continuing love and support. Part of Chapter 1 was published in Law and Humanities (Volume 2(2), 2008), and a section of Chapter 4 was published in the Oxford Journal of Legal Studies (Volume 31(4), 2011). I would like to thank the editors for permission to reuse the material. I would also like to acknowledge the support of the General Research Fund (GRF) from the University Grants Committee of Hong Kong, which provided teaching relief and therefore valuable writing time. Introduction: legal interpretation, gender and the novel On 3 April 1895, the Old Bailey was transformed from England’s Central Criminal Court into the venue for a literary event. Oscar Wilde was suing the father of his lover for libel, and the courtroom was as packed as the opening night of some of his plays. When Edward Carson, the lawyer for Wilde’s opponent, raised the question of whether The Picture of Dorian Gray could be interpreted as a ‘sodomitical book’, Wilde found himself in the surprising position of having to defend his work in a trial that he himself had initiated.1 Carson also demanded to know whether Wilde thought that an exchange between Dorian and the artist Basil Hallward in the novel ‘would suggest that what they were talking about was a charge of sodomy’ when the passage was ‘taken in its natural meaning’.2 I begin with this moment from the Wilde trials because at its core are two inter- connected questions which I will explore in this study. The first is the question of gender; the figure of the sodomite constituted one of several sexual identities that were particularly unsettling in the late nineteenth century because they put pressure on a normative bourgeois masculinity that was already under strain. The second is the question of interpretation. Carson appeared to assume a direct correspondence between Dorian Gray’s content and the life of its author, and the cross-examination proceeded on the basis that the novel can be construed as evidence of Wilde’s sexual desires and practices. To a literary critic, Carson’s approach to literature seems curious at best; as Wilde tried to tell him during the trial, a text does not allow for any easy access to a pre-discursive reality. My aim is to investigate the processes of interpretation that take place when legal readers – lawyers, judges, jurors – encounter literature in the courtroom, and the ways in which such interpretive processes take part in the formation of gendered identities in literature and law. By approaching the trials themselves as texts that deserve to be read, I will examine the assumptions legal readers make about literary texts, the arguments used when counsel on the opposing sides 1 Merlin Holland (ed), Irish Peacock and Scarlet Marquess: The Real Trial of Oscar Wilde (London: HarperCollins, 2004) 81. 2 Ibid. 102. 2 Masculinity and the trials of modern fiction advance competing interpretations, the blind spots of such readings and the ways in which ‘legal’ language can itself be considered to have ‘literary’ qualities or significance. The period from the mid-nineteenth century to the early twentieth century is a particularly fruitful period of investigation because it was a time of intense censorship. Michel Foucault famously argued against the view of the Victorian period as a time of prudery and repression, and his ground-breaking work has shifted our focus from the top-down model of legal prohibition to the circulation of power amongst multiple discourses.3 Nevertheless, if we examine the nature and quantity of the legal rules promulgated in that period, it remains true that it was one of the most repressive in literary history: the modern definition of obscenity in English law, which is still operative today, was first formulated in the 1850s; the French edicts regulating literary and journalistic publications became increasingly stringent as the century wore on; and governments uncompromis- ingly intervened in literary production in the name of protecting the moral health of the nation.4 A large number of literary trials, in which writers or their publishers were brought to the dock because of fiction or poetry that was allegedly indecent, obscene or transgressive, took place between the 1850s and the 1930s, and they constitute particularly illuminating instances of how literature is interpreted through the eyes of the law. In this study, I shall examine five of these court cases, including those concerning Flaubert’s Madame Bovary (1856); Paul Bonnetain’s narrative about a compulsive masturbator, Charlot s’amuse (Charlot Plays with Himself ) (1883); Émile Zola’s La Terre (The Earth) (1887), whose English translator and publisher, Henry Vizetelly, was prosecuted for obscenity in the English courts; Oscar Wilde’s The Picture of Dorian Gray (1890) and Radclyffe Hall’s novel about lesbianism, The Well of Loneliness (1928). I call these cases ‘literary trials’ not because I assume that the texts were necessarily considered of great aesthetic value at the time of the prosecution, or that ‘literature’ embodies any timeless, incontestable standard of beauty.
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