1. Introduction.- 2. From the Romans to the heroic monstrous: Folkloric demons, tricksters, and changelings.- 3. Legislative reform, social justice, heroic ‘orphans’ and the rise of human rights.- 4. Fairy tales, Secrecy, shame, and stigma.- 5. Conclusion. Legal Fictions, Dystopian Truths
Alice Diver is Lecturer in Family Law at The School of Law, Queen’s University, Belfast, Northern Ireland.
This book critically analyses the way in which traditional sociocultural and legal biases might be perpetuated against those with unknown – or unknowable – genetic ancestries. It looks to law and works of literature across differing eras and genres focussing upon such concepts as inherited stigma, illegitimacy, orphanisation, adoption, othering, reunion, and the ‘right’ to access truths that relate to one’s original identity. Law’s role in such matters is often limited (or usurped) by custom, practice, or lingering superstitious beliefs; the importance of oral and written testimony is therefore highlighted. Characters include abandoned or orphaned figures from folk and fairy tales, Romantic and Victorian monsters and heroes, Dickensian waifs, Edwardian rescue orphans, and dystopia-set ‘rebels.‘ Their insights and experiences are mirrored in various present day scenarios that speak to familial human rights abuses, not least forced adoptions and bars on accessing original information. This cross-disciplinary book drawing on Law, Literature, Sociology, Critical Adoption Studies should be of interest to those interested in and those who have been affected in some way by adoption, origin deprivation, or reunion.
Alice Diver is Lecturer in Family Law at The School of Law, Queen’s University, Belfast, Northern Ireland.