Analyzing Jane Austen’s Emma through the Legal Perspective-Discrimination and Family Laws

Analyzing literature through the lens of the law becomes imperative for students of law, especially when it comes to classics. This paper examines one of Jane Austin’s most renowned works, Emma, through the eyes of the law, by pointing out various legal issues that arise throughout the novel, from distinctions between societal classes to violation against women. The author has often been quoted in judgments by eminent jurists, especially with regard to complexities of life, with special reference to intricacy between relationships. Emma is the story of a rich lady of twenty one, who makes it her business to set up a young woman of seventeen with a man suitable to her choice, the vicar Mr. Elton. In between the match come questions regarding caste, society order as well as female empowerment, which have been discussed in the given paper, with special regard to the law of that day and the law today. This paper will first talk about the author, and the importance of her opinions and writings in the legal world. It will move on to give a short summary of the novel, after which the issues of importance will be highlighted. The same would be compared to issues faced in the legal world in the 21st century, after which it lists out various solutions to problems that are faced even today, if any. To conclude the paper, one would refer back to the period mentioned in the novel, and what a lawyer can take away from a classic like Emma.

Introduction

Jane Austen was born in 1775 in the Hampshire village of Steventon, where her father, the Reverend George Austen, was rector. Not much is known about her life, but it has been assumed based off of her writings that attempts at marriage and relationships were made. Due to all letters being burnt or censorship, there is a lack of evidence regarding her adulthood. Her earliest known writings date from 1787, and between then and 1793 she wrote a large body of material that has survived in three manuscript notebooks: Volume the First, Volume the Second, and Volume the Third. She is well known for her six novels, four of which namely Pride and Prejudice, Emma, Mansfield Park and Sense and Sensibility were published during her times and promoted her status to that of a reputed writer. The latter two, Northanger Abbey and Persuasion were published posthumously. What is most notable about her writings is the fact that her novels talk about the everyday life of normal people, their relationships and their flaws. . Her rehashed tale of a young lady's journey to self-revelation on the passage through adoration to love to marriage centers upon common issues faced by all as a part of life. Her novels not only defined the era’s societal norms, but also became timeless classics that remained critical and popular successes two centuries after her death.

Emma is the story of a young girl of one and twenty, who needs not a man for she inherits the wealth of her father, but is a bit of a nuisance creator, yet takes it upon herself to be the matchmaker of a small town after she set her governess up with the groom to be. The protagonist tries to be the match maker between her newest friend Harriet and the vicar Mr. Elton, whom she thought would be a lovely choice for a girl of an unknown social background. However, to her great surprise and dismay, she finds out that Mr Elton is truly in love with her and not Harriet, after which her decision to coax her friend to develop feelings for the vicar and reject a very respectable farmer is deeply regretted. Therein is the introduction of two new and important characters, Jane and Frank. Frank Churchill had come to visit his father for two weeks, and Jane Fairfax has come to see her grandmother and aunt, for a few months. Jane is appointed as the governess for Emma, which fuels a burst of jealousy in the protagonist for Jane as she excels at everything she does, and receives praise from all. Mr. Elton gets engaged to Augusta Hawkins. Frank Churchill arrives – the Westons want him to marry Emma, but he goes to see Jane instead. Emma grows feels of adoration for him, and Frank agrees with Emma’s negative views on Jane. Emma is absolutely certain that Frank is in love with her. She might be into him, too, but she’s not sure. Emma wonders if George Knightley is in love with Jane, but he says he wouldn’t ask her to marry him. Emma throws a dinner party for Mr. and Mrs. Elton. Frank sends word he’ll be coming back soon.

When Frank comes back, Emma realizes she never had the likes for him. A ball is thrown, in which Harriet finds herself all alone. George Knightley steps in to dance with her, and being a gentleman he also dances with Emma. The next day, Frank plays the hero when some gypsies bother Harriet. Emma believes that Harriet has developed a liking for Frank. George tells Emma that Frank and Jane might be secretly engaged, but she doesn’t believe him.

In June, George has a party at his estate, Donwell Abbey. Emma sees Harriet and George walking together. Frank doesn’t show up. Jane leaves early. Frank finally arrives. The next day, Emma and Frank flirt. Jane is bummed. Emma is rude to Miss Bates. She goes to apologize the next day, and finds out that Jane is leaving soon to go off and be a governess. Frank leaves and his mom dies.

Later, the Westons get a letter from Frank saying how he and Jane have been engaged twice. Mr. Churchill says okay. Harriet turns out not to like Frank, but George Knightley. Emma finds this out and realizes that George is the one man for her. She tells George and he realizes he has feelings for her, too. They get engaged but can’t get married because Emma still has to take care of her dad. Harriet goes to visit the London Knightleys, Jane and Emma become friends, and George decides that he’ll move in with Emma and her dad since Mr. Woodhouse wouldn’t leave his estate. Harriet decides to marry Robert Martin. Emma and George get married and are very happy.

Emma through the Eyes of Law

The first major issue which can be identified in the era of Jane Austen’s Emma is the class distinction in the society. During the period of the eighteenth century marriages between upper and lower classes happened only when the aristocracy was related to a wealthy merchant- class family, thereby making it tremendously difficult for an individual of the lower or middle class without wealth or social standing to marry into a family with both. The marriage of Jane and Frank represents a marriage which is not very realistic for that period, due to the class differences. If one was to compare this scenario to the 21st century, one would find that the United Kingdom has certain laws as well as precedents which prevent any such discrimination from taking place. For instance, in the case of EHRC v. Wilson, a suit was brought against a company which did not allow people of color to lease out property due to the smell of curry which lingers after the end of tenancy. In cases like these, deep rooted issues like discrimination and lack or right to equality have highlighted and justice has prevailed. During the time Emma was written, men and women were treated differently. It was only after the French Revolution that the women got the right to vote, before which they were expected to sit still and look pretty. Therefore, it came by as a surprise when Jane was appreciated for her talents, however was expected to continue them as hobbies. Even today, women have to fight for equal pay for equal amounts of work they do. In the case of Gan Menachem Hendon Ltd v De Groen findings of sexual harassments and discrimination against women based on religion as well as sex was observed. The petition was allowed by the court, and justice prevailed, again.

Austen's novels treat marriage as the end goal in any young woman's life. Some marriages are depicted as felicitous love matches, such as the Chruchills. However, most are not something to which a modern day reader would aspire. There can be no doubt that marriage was the happy ending for women in all of Austen's novels. Modern women often wonder why Austen's female characters were in such a hurry to marry given that, in doing so, the few rights they had were lost. In the nineteenth century, English law dictated that if the bride owned property, it fell under her husband's control as a freehold estate. She still owned the property but was not free to control it, nor was she entitled to gain any profit from it. What she may have possessed at the time of her marriage now effectively belonged to her husband-from china, to jewelry, to clothing. This legal status was the result of the doctrine of covertures. Fifty years after Austen's death, England passed the Married Women's Property Act of 1870. Under this law, women were entitled to keep any wages and property they earned through their own work. A later amendment extended the law to include all property, regardless of how or when it was acquired. The extension included inherited property. These laws marked the end of covertures, allowing women for the first time to have the means to support themselves.

Conclusion

It is important to understand that the times of Emma evolved extensive laws on inheritance and marriage, the two major themes seen throughout the novel. Perhaps this is why she is quoted so often by jurists, especially in matters of intricacy of relationships. The legal themes that were observed in the paper can still be seen in the society today. If taking the example of India, the caste system was deep rooted and even though various provisions of the Constitution as well as other Acts prohibit it, discrimination can be observed around the societies which are less privileged. Therefore it would not be wrong to conclude that the law has not been effective completely. However, by reading novels such as these, one would have a better understanding of why things are the ways they are, and what can be done to prevent issues like these from rising again. Though deep rooted, they aren’t something the people cannot overcome. By simply recognizing the problem, half of it is solved. And classics which have stood the test of time like Emma have a very important role to play in an activity like this.

BIBLOGRAPHY

1. Austen, J. (2013). Emma (the Very Illustrated Edition). eBookIt.com. Comics& Graphic Novels.

2. Gillie, C. (2014). A Preface to Jane Austen. Routledge. p.136

3. Campbell, E.E. (2012). Finding Austen: The Covert Gender Politics in Emma’s Marriage Plots. Dickinson College. Retrieved from http://scholar.dickinson.edu/cgi/viewcontent.cgi?article=1032&conte xt=student_honors

4. Austen, J. (2014). Emma. Irvin, CA: Xist Classics Publishing.

5. . Kaye- Smith, Sh; Stern, G.B. (1943). Talking of Jane Austen. London, Toronto, Melbourne and Sydney: Casell and Company