Whether we like it or not, a lot of what we do is circumscribed by existing law. We may think a law is unfair (and there’ve been plenty of laws that have changed or been removed for that reason), but the law has a lot to do with the way we conduct ourselves. Even if it’s just a matter of driving faster than the posted speed limit, we’re usually conscious at some level of the law’s impact on us. Laws impact fictional characters, too, and it’s interesting to see how they react, and how the law affects them.
For instance, in Michael Crichton’s (as Jefferey Hudson) A Case of Need, Dr. John Berry is a Boston-based pathologist. One day, he gets a call from a friend of his, Dr. Arthur Lee. It seems that Lee has been accused of performing a botched abortion on Karen Randell, who later died. Lee claims that he is innocent. He admits that Karen visited him asking for an abortion, but he refused, since abortion is illegal (the book was written in the late 1960s). Now Lee believes he’s been ‘railroaded’ because he’s Asian-American. He wants Berry to clear his name. One of the big challenges that Lee faces is that the law is against him. Abortion is illegal. So, no-one is comfortable giving him any help or Berry any information. Eventually, though, Berry traces Karen’s last days and weeks, and finds out who killed her and how it happened.
Felicity Young’s The Anatomy of Death takes place in 1910 London. Dr. Dorothy ‘Dody’ McCleland has just qualified as a forensic pathologist and is very much hoping to work in the Home Office with Dr. Bernard Spilsbury. She’s biding her time working at a local womens hospital while she waits to hear if she will be accepted at the Home Office. When she gets to London, she hears that a women’s suffrage march in Whitechapel has turned ugly, with injuries and three deaths. At that time, the law prevents woman from voting, but several women’s groups and activists are working to change that law. When Dody gets to the hospital to help out, she finds that of the three autopsies she is asked to perform, two have straightforward explanations, and don’t seem to be willful murders. The third, though, is different. Lady Catherine Cartwright has died of blunt force trauma that is unlikely to be accidental. Now, Dody starts asking questions to try to find out what happened. More than once, she runs up against the fact that these women are considered insurrectionists and agitators, and there are people who are just as well pleased to declare Lady Catherine’s death an accident.
Eric Brown’s Murder by the Book takes place in 1955 London, where Donald Langham is a thriller/crime writer and reviewer. One day, his literary agent, Charles Elder, asks Langham for help. Someone is blackmailing Elder because he’s gay at a time when homosexuality is illegal (and some consider, much worse than that). In this case, Elder’s life is profoundly impacted by the law of the time. Elder wants to know who’s responsible for the blackmail, and he believes that Langham has written enough thrillers to know how to go about seeking out and stopping a blackmailer. Langham is reluctant (he being no expert), but he agrees to see what he can do. His search for answers leads him to a series of murders of authors and others in the publishing industry. Now he’s going to have to act quickly if he wants to stop the killing.
In Mette Ivie Harrison The Bishop’s Wife, we are introduced to Linda Walheim, wife of a Utah Mormon bishop. Her role is more or less mother to her congregation, so she knows everyone and has visited most people’s homes. One day, she hears that one of the congregants, Carrie Helm, has gone missing. Carrie’s husband, Jared, says that she left of her own accord, and he wants to find her. Linda isn’t quite sure whether to trust him, but for her, the dissolution of any family is a tragedy, so she agrees to do what she can. As Linda’s search for Carrie goes on, we learn some things about the Mormon Code that directs the lives of most Mormons. There are rules against alcohol and caffeine, and there are other rules that govern things like marriage, divorce, and so on. In fact, Linda has several questions about some of the ways in which Mormon lives, especially the lives of women, are circumscribed, even though she loves her church.
Stef Harris’ Double Jeopardy concerns Frank Winter, who’s retired from the Boston police. One day, he learns that Barry Krupke is being released from prison after twenty years. This is very personal to Winter, because Krupke was also arrested for the abduction and probable murder of Winter’s daughter, Evie. He was acquitted on that charge, but Winter has always believed he was responsible. In fact, he threatened Krupke’s life. So, he’s given a ‘minder’ Detective Nunzio Arabito, to keep him in line. Krupke has his own plans for the future, and they do not include Winter going after him. But Winter isn’t going to let this go. Krupke’s chief protection is that, since he was already acquitted for the abduction and murder of Evie Winter, he can’t be tried again for the same crime even if Winter catches him. Still, even though Winter knows that law, that doesn’t mean he’s going to leave the matter alone. So, both prepare for a confrontation.
There are many other laws, too, that govern and sometimes dictate what we do and do not do. It’s interesting to see how they impact our lives, even if we don’t think about it, and how fictional characters react to that.
*NOTE: The title of this post is a line from Leonard Cohen’s The Law.
Crime Writer Margot Kinberg 
An interesting post Margot, and of course laws have changed so much over the decades – I always think that’s a fascinating thing which you see when reading GA crime.
Incidentally, I hope this comment gets through as I have tried to leave several lately but they just seem to get eaten!
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I’m so sorry you’ve had trouble commenting, KBR! And thanks for your perseverance. I checked my spam (check it regularly, actually, just to be sure), and haven’t seen anything from you. I hope that whatever the problem is, it’s sorted – that’s so annoying. You make a strong point, too, about laws changing, It really shows a ot about what our society values and doesn’t value, and what our priorities are, I think. It’s a sort of window on who we are.
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I’ll be looking up The Anatomy of Death as I like books set in that time period that touch on women’s struggles to get the vote or simply to have the same rights as men to live their lives as they choose. The Bishop’s Wife also sounds interesting, a chance to learn a bit about the Mormon relgion. You do find some interesting books to talk about, Margot.
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Thanks, Cath – I’m really glad you find these posts interesting. Both The Bishop’s Wife and The Anatomy of Death are fascinating looks at a particular sociocultural setting. And, interestingly, both address issues of women’s roles in particular communities. They’re both (in my opinion) well written, too. If you do read them, I hope you’ll enjoy them.
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Anything about the law is likely to interest me. The post is timely because of a couple of recent books I read.
In The Discourtesy of Death, Gilbertine monk, Father Anselm, becomes caught up in determining whether Jenny Henderson died a natural death or was “assisted” to death because she was a paraplegic with terminal cancer. A profound discussion on what gives life meaning.
A short time ago I read The Mystery of Bhatia House by Sujata Massey. In this mystery involving Bombay’s first female lawyer in 1922 we learn about the complications that arise in India where, in several areas of the law, there is a different law depending on whether you are Hindu or Moslem or Parsi or English.
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You bring up two really interesting cases, Bill. In both instances, the law deeply reflects a society’s values, and that’s where the debate comes in, especially as regards what counts as life in The Discourtesy of Death. Laws impact what we do, and they often come, at least in part, from what societies value.
I’m glad you mentioned The Mistress of Bhatia House, too. It shows how laws circumscribe people’s lives in different ways, in this case, depending on ethnic/religious background. You’ve also put me in mind of laws like the apartheid laws that South Africa once had, and the ‘Jim Crow’ laws in the US, where the law you had to follow depended on race. It all shows how laws have this impact, and how society impacts the laws. Thanks for your input.
Folks, please read Bill’s fine review of The Discourtesy of Death, and his excellent review of The Mistress of Bhatia House.
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I really notice how laws have changed over time while reading vintage crime. Double jeopardy used to be a great plot device and I believe it still is in the US, but we’ve changed it a lot in Scotland now. It’s no longer safe to walk out of a trial having been acquitted and then admit to the crime! We also don’t jail people for debt any more except in very rare circumstances, which I’m sure Charles Dickens would be pleased about! But the one I notice most is drink-driving! They would knock back several whiskies and then jump in their cars without a moment’s hesitation! I was reading one this weekend where a character, talking about a fatal car crash, said something like “we’d had a lot of wine but of course we weren’t drunk…” 😂
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You make such a good point about drink driving laws, FictionFan! It used to be that people got away with, quite literally, murder by admitting they were drunk, or ‘had had a few’ or something. Not these days! There’s no way a person could excuse killing someone with a car on those grounds now. You’re also, of course, quite right about debt. With most people, debt doesn’t put you in prison the way it did many years ago (and a big sigh of relief from all those who are a bit behind on their credit cards!).
I didn’t know that about double jeopardy in Scotland – thanks for the insight. I see both sides of that issue, actually, and I can see why there’s a different way of looking at it in Scotland.
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This post doubled as a fun peek into old laws. It’s shameful that being gay was illegal. Good for the author for bringing that law to light in a compelling plot.
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I thought the same thing, Sue, about Murder By the Book. And it is really interesting to look at a society by looking at its laws. I think that’s one way we see our development as a people.
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I think good knowledge of the law, and what it was at a certain time period can be used to write great mysteries, legal dramas and historical fiction. It also tells the reader that the author has done their research. And there are some strange laws in different countries that can be used in fiction to make stories much more interesting. Great examples Margot.
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Thank you, OP. And you’re quite right about the insights that the law can give us. Laws are based on a culture’s values and priorities at a particular time . So they can teach us a lot about a culture at a given time.
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When I saw your topic I thought ‘for sure Bill Selnes will comment and have something fascinating to say’ – we are very lucky to have our friend who is an expert lawyer and a crime fiction fan. Great post as ever Margot, with some interesting issues.
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You know, it’s funny, Moira. I though the same thing about Bill. He adds much to my posts, and you’re right that we are very lucky to have him as a friend and as an insightful commentator.
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