Gender and the law of provocation in the long twentieth century

ABSTRACT

Provocation was an important common law doctrine, separating murder from manslaughter: a matter of life and death. It was particularly significant in the context of ‘domestic violence’. This article examines the doctrine as a lens through which to view gender relations in the long twentieth century. The doctrine developed from its origins in the early modern period until mid-twentieth century. Throughout this lengthy period provocation was narrowly confined for both genders. However, case law developments in mid-twentieth century gave rise to a doctrine which was unforgiving for abused women. At about the same time, statutory and case law changes produced a much broader partial defence of provocation available to men who had killed their wives. It was not until the very end of the century, and the beginning of the twenty-first century, that a more gender-neutral concept of provocation began to emerge as a result of feminist campaigning.     

Glimpsing the Holocaust in post-war British detective fiction

ABSTRACT

Scholars including David Cesarani have noted that there was no concerted effort to represent what we now term the Holocaust in British fiction of the immediate post-war years. What can be found in novels from the late 1940s and early 1950s, however, are suggestive glimpses of how British understandings of the Holocaust were beginning to develop. Detective fiction is a useful point of reference because in the interwar years this form was typically based on simplified or even stereotyped characters, with the war years and the post-war period signalling a turn to greater realism. As Gill Plain has argued, detective fiction expresses a desire both to see and to evade seeing the dead body. Plain explores this as an expression of post-First World War cultural anxieties but, in the wake of the widespread circulation in Britain of images of the opening up of the concentration and death camps, such ambivalence takes on a particular significance. Examining two quite different examples, Agatha Christie’s A Murder Is Announced (1950) and Ellis Peters’s Fallen into the Pit (1951), Stewart’s article reveals contrasting early engagements with the Holocaust. Both novels feature peripheral characters who are refugees from Europe, and whose stories, although told only in fragments, nevertheless destabilize the process of reinstating order that is the usual narrative trajectory of the detective novel. Stewart will argue that such glimpses of the Holocaust are as telling about contemporary attitudes as more concerted, explicit and direct engagements might be.