The mystery does not always end when the crime has been solved. Indeed, the most insolvable problems of crime and punishment are not so much who committed the crime, but how to see that justice is done. Now, in this illuminating volume, one of America's great legal thinkers, Norval Morris, addresses some of the most perplexing and controversial questions of justice in a highly singular fashion--by examining them in fictional form, in what he calls "parables of the law."
The protagonist of these stories, the figure who must see that justice is done, is Eric Blair, a name familiar to most readers: it's the real name of George Orwell. In fact, Morris has set his tales in the time and place of Orwell's famous essay, "Shooting an Elephant," in Moulmein, Burma, in the 1920s. What might seem a curious strategy at first glance--borrowing Orwell's persona to narrate these tales--is actually a brilliant stroke. For in Eric Blair we have an ideal narrator to highlight the complexities of justice: an untrained police lieutenant and junior magistrate, uncertain of judgement--and all the more likely to anguish over judgement, and to examine every facet of a case before deciding. And in 1920s Moulmein we have a neutral time and space in which to consider--free of our own political, religious, or social prejudices--a set of contemporary legal and moral questions that rarely find so calm an arena. And these stories certainly address some highly charged issues--capital punishment, insanity as a murder defense, the "battered wife syndrome" as a murder defense, child custody, "parental neglect" due to religious conviction--to name a few. In each tale, Norval Morris excels at placing Blair at the center of a controversy that has no easy answer, and that he and he alone must decide. In the title story, for instance, a retarded boy, whose only understanding of sex comes from the brothel in which he works, accidentally murders a young girl while raping her, his only defense being "Please sir, I paid her." Blair can see that the boy doesn't realize that he has committed a crime, but both the Burmese and the European community of Moulmein demand the boy's execution. Does capital punishment make sense in such an instance? Does it ever make sense? To broaden our understanding of these intricate cases, Morris concludes each story with a perceptive and often provocative commentary on each issue. After "Brothel Boy," for instance, Morris points out that no reputable study has ever shown capital punishment to be an effective deterrent to future murders, and more surprisingly, that paroled murderers commit proportionately fewer homicides than paroled felons who used a firearm in the commission of their crime.
Norval Morris is one of America's foremost experts on crime and punishment, and the stories collected here represent the culmination of a lifetime of thought on the major criminal law debates of our time. A reader of these tales will come away with a deeper understanding of these debates and with a profound respect for the intricacies of justice and the complexity of the law.
"Studying knotty legal dilemmas by the case method is nothing new, but it surely has never been done so oddly and cleverly as in this most original book."--The Boston Globe "An unforgettable work of fiction and interpretation....An undertaking of powerful ingenuity....More than just a high-minded exercise in academic precocity, The Brothel Boy has depth and bite. The parables explore earthy subjects--murder, madness, lust, adultery, child abuse, racial animosity--and are packed with as much suspense as any hard-boiled detective novel"--Legal Times "Exceptionally evocative....Compares favorably to Orwell's own 'Burma Days."--Chicago Tribune "Provides a fascinating insight into the relationship between legal reasoning and societal values."--Criminal Justice Newsletter "I have long known Norval Morris to be a talent at the law. It is a discovery to find him such a talent at fiction. His parables are both enchanting and enlightening. What a novel way to make us think about some of the most troublesome issues of crime and punishment!"--Daniel Schorr, Senior News Analyst, National Public Radio "Morris's parables place him in that small company of law teachers who, understanding the enlightening potential of stories, are twice empowered. They can make sense of issues of law and justice for lay readers. And, they rescue law students from drowning in sterile appellate cases by reassuring them that law is, indeed, about life."--Derrick Bell, New York University School of Law "This excellent work of imaginative sympathy reconstructs Orwell's life as a Burmese policeman and magistrate, treating his moral dilemmas as a filter through which to pose questions of justice both universal and urgently contemporary....Morris raises powerful issues of legal ethics and even fills in some of the missing chapters of young Eric Blair's five years in Burma. The Brothel Boy should interest those who want to find out more about the relationship between legal reasoning and cultural values."--John Rodden, author of The Politics of Literary Reputation
Number Of Pages: 352
Published: 17th November 1994
Publisher: Oxford University Press Inc
Country of Publication: US
Dimensions (cm): 23.2 x 15.0 x 2.3
Weight (kg): 0.51