Tess in the field of law and Tess ’s tragedy
Abstract: As an intercultural and interdisciplinary research is unceasingly penetrating and developing, literary research and other research in the humanities and Social Sciences between each other constantly penetrate. Generally, there are four aspects about the roughly category of law and culture comparative study as follow. The four aspects: the first is the branch of law in literature, the second is the study of the law in literature, the third is the study of the law through literature, the fourth is the study of the law of literature. Tess in the field of law has three problems to be solved. This thesis analyses Tess in the field of law and studies Tess ‟s tragedy. The research subject is relationship between law and literature. The method is to pay attention to the novel, to analyses the heroine case, to point out the law disadvantage at that time. The essential difference between the legal and emotional conflict is probably belonging to the superstructure category of law and literature. Literature helps us to sympathize with pain, help us to understand grief, and help us to share happy. We have much more sense of morality. Literature makes us a better person. The key words: law TessTragedy
法律视角中的《苔丝》及其悲剧
摘要：随着跨学科和跨文化研究的不断深入和拓展，文学研究与其他人文社会科学的研究互相之间不断渗透，从而，法律与文学的比较研究渐渐的进入人们研究视野，并且已经取得了长足的发展。法律与文化比较研究的范畴大致具有以下四个方面的分支：第一是研究法律中的文学，第二是研究作为文学的法律，第三是研究通过文学的法律，第四则是研究有关文学的法律。苔丝的悲剧很多的读者都归于他们的人物性格，只有少部分人从当时苔丝时代法律不足从而解读苔丝的悲剧的发生。本文通过从法律的视角来分析苔丝的悲剧，进而从文学与法律比较研究的领域中探讨。法律与文学的关系及法律和情感的冲突，或许就是同属于上层建筑范畴的法律与文学的本质区别。
关键词：法律苔丝悲剧
1. Introduction
As an intercultural and interdisciplinary research unceasingly penetrates and develops each other , literary research and other research in the humanities and Social Sciences between each other also constantly penetrate.Thus, law and literature comparison research are gradually entered into the field of people research and scholar has made great progress. Since James H. White wasconsidered as "law and literature” research author, James H. White published the foundation work of law of the imagination: Legal Thought and legal nature of the study, this research was gradually gained
recognition. In the middle of 1980s, "law and literature in the United States seemed to stand the American heel and the concepts about “law and literature” spread to the British and other common law countries.
Generally, there are four aspects aboutcategoriesof law and culture comparative study as follow.The four aspects: the first is the branch of law in literature, the second is the study of the law in literature, the third is the study of the law through literature,thefourth is the study of the law of literature.
As a comparative study of the famous scholar Professor Posner who in the United States engaged in law andliterature said: The law as the subject of literature in literature works exists in everywhere. In the beginning, Western culture fathomed techniques and images of law. Authors of literary works have been the attention on the law all the time." Some inspirations came from a comparative study of law and literature , ”Weexploredthe heroine Tess whoappeared in some related problems in Hardy's novelfrom the law perspective. The number of mention of Tess who was related to the legal problems in the novel seemed to be much more. The novel not only relates to the criminal law, but also relates to the marriage law, property law, and other relevant aspects. But the novel describesthe basic plot elements.The novel describesthree main parts refer tothe legal issues: the first part of Tess's humiliation, the seventh part of Alec Stokebeing killed by Tess, and the end part of Tess being sentenced to death. On thethoroughly exploration of the legal issues in three parts, it is no doubt that the exploration can deepen our understanding of works and the understanding of Hardy‟s thoughts.
2. Tess in the field of law and Tess’s tragedy
2.1 Seduction or Rape
The first legal question is the nature of the problem about Tess being raped (sexual assault). Tesswas born in the village ofMarlott. Tesswas a very beautiful girl, but she was born in a poor family. She had no opportunity to receive a good education. What‟s worse , a horse who had sustained the live of the whole family was an accidental death because of her momentary carelessness.So she felt deep guilt so that she had to obey parents‟ will which she left his hometown and went to the edge on the Chase. Her parents sent Tess to claim kin. Tess got a job which looked after poults. One night, when she and hercompanions from the town party went back to home in Portland hill, Tess was suffered by peer bullying. Tess was afraid and she had to jump into the Alec‟s horse in order to get rid of a dilemma. Alec took the intention of waiting for the opportunity on a horse. Tess experienced which she seemed to fell into space the„out of the frying pan and jumping into the fire pit again". Then, in the dark night, in the ancient hunting forest, a series of events happened thatled to Tess ‟s tragedy. So, what is the nature of this case? They themselves would like to go off the rails? The case belongs to the general sense of seduction, or having crime sense of rape? If we understand the Tess‟s rebellion, analyses Alec ‟s character image and understand the meaning of Tess‟s image, we should understand this legal problem. It is a necessarypromise for our analysis of Alec‟s character image and its characteristics
and for the understanding of Tess's rebellion and the meaning of Tess ‟s image to understand.Some domestic and foreign scholars seemto be vague.They do not make a research, or not have a long argument. They have no results about this question. As the western scholar Davies said that this problem had been argument for a century in the age of Handy. However, with the western scholar‟s words
(Kristin Brady),the arguments on the nature of the event, is still not clearly resolved. But he concluded in later: in the final analysis, it is unable to determinein the nature of the events which occurred in the hunting forest in the night of September. "Even though some scholars made clear expression, they considered most of the behaviors as a seductionbehavior. In his novel Tess , Hardy used the seduction of the theme as plot development center.
Hardy wrote in the works:
All was dark, except for the feet of a hazy gray, he can't see anything. The grey is a pile of dead leaves him in the white muslin dress Tess figure. The rest black illegible. Deb Will bent down, heard the slightest breath sound. He fell to his knees, leaning in the lower. Now, his breath blew into his face, warm. Immediately, his face is to her face. She was sleeping soundly, eyelashes hung tears. In this description without other description, only the author of a feeling. Thomas Hardy complained: "there is a phrase with a double meaning to protect Tess angel? Where is Tess religious gods?" He then infinite regret sighs with emotion:" such a beautiful women, like gossamer same sensitive, as pure as snow, why should she painted a pattern, as decreed by fate? Why is often rude to exquisite accounted for, the evil man defile pure woman, evil woman tarnish noble man?"
It is visible that when Alec‟s face kissed to Tess's face. According to the word of Hardy, Tess was still asleep, there is no agreement to accept Alec's proposition. When Tess was sleeping, she had no ability of permission. So, when the woman is sleeping and making a sex is a rape? As long as we can see relation between laws and problem or the relevant basis on this problem, it is easy to solve the problem.
Obviously, we cannotjudge the case under any other countries law, but we judge the case in the time of the British law.
In the Thomas Hardy novels, Hardy created Tess . Tess‟s story happened in the Vitoria times.The British law clearly states, "A rape is that male make violence against women, the female is forced to make a sex." This definition of a rape may now has been accepted and understood in many countries.
In the British criminal law, it is so clear to define that male makes a sex with a sleeping female asa sexual behavior of rape. Then we go back to the age of Hardy. We should study how to determine the nature of the case in the age of Hardy? Similarly, we found the definition of the scenein the relevant literature. John Mews in (The Digest of English Case Law) clearly pointed out: as long as there is no the woman's consent to make a sex, and these sexual relations are sufficient to define as a rape. In the legal provisions, it particularly explains that the female is impossible to agree with the scene including women in deep sleep." A rape includes that female isnot capable of consent in deep sleep although male has no use of violence to make a sex."
So far, we know the age of Hardy creating novel Tess and understandthe era of Tess tragedy happening. Alec ‟s behaviorbelongs to a kind of criminal law and the traditional law. In a deep sleep, Tess is impossible to consent. She has no chance to answer. If she is not sleeping, she will fight back. As previously he held her waist, she immediately broke out a retaliatory impulse.Nearly she pushed down him from horseback. But, in Hardy's subsequent comment section, nearly took him from horseback pushed down. In Hardy's subsequent comment section, there is no angel to protect Tess angel.An evil has possession of the exquisite.An evil stainedan beauty. These sentences show the nature of crime.
2.2 Negligence, Excessive Defense or Murder
Since we are in accordance with the relevant laws, we confirm Alec‟s behavior in the forest belongs to the field of crime. So we went on to discuss the essence of the problem that Alec was killed by Tess.
After all, what leads to the death of Alec? On this point, Hardy's works makes no detailed description and provides no direct evidence.In term of Mr. Hardy some description, it is difficult for us to determine the truth of the matter.
After Tess killed the Rick and ran after Claire.Even though Tess chased after Claire, Tess only told Clare what she said is: I have done it ---I don‟t know now.
But unfortunately, no matter how experienced, Tess did kill Alec. Moreover, we also can generally understand the essence of the matter through Tess‟s words.
“I feared long ago, when I struck him on the mouth with my glove, that I might do it someday for the trap he set for me in my simple youth, and his wrong to you through me. He has come between us and ruined us, and now he can never do it any more. I never loved him at all, Angel, as I loved you. You know it, don‟t you？You believe it? You didn‟t come back to me, and I was obliged to go back to him. Why did you go away – why did you –when I loved you so? I can‟t think why you did it. But I don‟t blame you; only, Angel, will you forgive me my sin against you, now I have killed him? I thought as I ran along that you would be sure to forgive me now I have done that. It came to me as a shining light that I should get you back that way. I could not bear the loss of you any longer – you don‟t know how entirely I was unable to bear your not loving me! Say you do now, dear, dear husband; say you do, now I have killed him!”
Unfortunately, itwas not difficult for us to determine the legal meaning of murder motive from the above Tess confession.Although Tess's action was not premeditated, this murder was caused by impulse. Hardyis used to describing the accident and accidental in his works.This description of Tess confession also had actually describedthe nature of the event "accident" and "accidentally". Since she had never received any information on Claire, Tess had never thought Claire's arrival.Tess is not intentional to kill Alec. However, her expression has been clearly demonstrated, Tess knew she killed Alec, and thus manslaughter or defense right behavior is not existed in the motive of Tess killing Alec.
Therefore, it is difficult to deny the action of Tess killing Alec. But, we also should see, the fact itself contains the composition of revenge. In British, at that timelaw
system was unreasonable.Maybe it is the main reason to lead to the death of Tess. From Hardy's description, we found that, in the sense of law, before Tess killedAlec, Tess lived in utter misery. This misery situation had been fully reflected, such as instance property law, marriage law and so on.
Tess had only a primary school education. It is very scarce for the knowledge of the law aspects. What‟s more, at that time, the law maintained the interest of government and control group. We analysis Tess and Claire told about the divorce. From Tess‟s words, we could find that Tess‟s situation kept suffering and Tess loved Clare very much. She did not make him disappointment.she finally agreed to Claire's proposal, because she felt that if things changed Claire solved the problem according to divorce. But, in fact, Clarekept all the time feudal marriage system. It is impossible for Clare to divorce in order to solve the problem.
Certainly, at that time, the marriage law was based on the feudal marriage thoughts in British. In this way, it was impossible to divorce. Tess‟s fate was miserable. One is that her husband abandoned her and he went abroad; on the other hand,Alec always bothered Tess. She finally had no ability to rebel the law.But she used own way to rebel against the fate in order to get own interests. What‟s more, she paid the cost of life.
2.3 Emotional and Legal Conflict
From the above discussion of two parts, it had been elucidated that Alec‟s behavior and Tess‟s behavior were against the law in British at that time.
But, to be regretted, their punishmentswere totally different in term of laws. In the same law, government used "double standard" in the same crime. They were divided into Rich man and Poor man. Alec‟s crime get no legal punishment, in contrast, Tess‟s crimepaid the cost of own life. The law has achieved victory.People grasping the state power wrote the law." The law serviced for the powerful rich.Poor Tess was unfamiliar with law.It is impossible to use the law to protect own interests. Although Hardy in the novel did not write the process of trial, results which Tess was hanged have clearly demonstrated the laws and courts serving for the rich.
Therefore, at the end of the novel:
Upon the cornice of the tower a tall staff was fixed. Their eyes were riveted on it. A few minutes after the hours had struck something moved slowly up the staff, and extend itself upon the breeze. It was a black flag.
“Justice” was done and the president of the Immortals, in A eschylean phrase, had ended his sport with Tess. And the D‟Urberville knights and dames slept on in their tombs unknowing. The two speechless gazers bent themselves down to the earth, as if in prayer, and remained thus a long time, absolutely motionless: the flag continued to wave silently. As soon as they had strength, they arise, joined hands again, and went on.
Therefore, in the UK, the Claire in law did not permit that sister-in-law married, the ban was modified until 1907. As readers, they not only won't do her condemnation, but they will appreciate her rebellious spirit and noble soul.For the author, Hardy not only had no criticism of Tess‟s behavior, but Hardy considered Tess as a pure woman.
The essential difference between the legal and emotional conflict is probably belonging to the superstructure category of law and literature. Literature helpsus to sympathize with pain, help us to understand grief, and help us to share happy. We have much more sense of morality. Literature makes us a better person.
3Method of research information
3.1 Book and Movie
At first, I watch the two version films Tess from the Internet in order to understand quickly the content of the novel. It is feasible to cost less time to know the summary of the story. Film could elaborate much information on the age of tome in the novel and help us to feel the space of the story when we read the book of Tess. Meanwhile, this way might reduce some difficulties in reading. In addition, I thought that the
common difficulties in reading classical English famous works are the era gap o and multiculture. According to the era gap, a few student sonly understand literal meaning and they can‟t understand the real meaning or unconspicuous satire of the author when they read the foreign works. All in all, it is necessary to understand the information on the novel and to watch film before reading the book.
3.2 Opinion of the Reference
Before I wrote the thesis, I never read the book Tess. My classmate recommended me Tess as the title of thesis. The novel can provide a large number of materials for my thesis. The most important point is that the story attracted to the female. The thesis must be finished in the limited time. So I don‟t study the word to word in the Tess. But, I lent three authority review books about Tess from the museum in order that I can solve the problem when reading Tess and I can finish thesis in time.
4 Conclusion
To sum up, Thomas Hardy is a writer who pays much attention on the law issues and the corresponding law system. From some descriptions in his works, we can go back to the age of Hardy and observe some of the British legal provisions and legal phenomenon. What‟smore, Hardy seriously looked the law issues through the tragedy of Tess, and has been severely criticized on the unreasonable legal system.
Reference
1) 吴迪（Wu Di），《哈代新论》，浙江：浙江大学出版社，2009
2) Thomas Hardy, Tess of the D’Urbervilles, Shanghai ：上海世界图书出
版社，2012
3) Thomas Hardy, Tess of the D’Urbervilles, Beijing ：国际出版公司出
版社， 1996