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Palgrave Macmillan

Genetic Stigma in Law and Literature

Orphanhood, Adoption, and the Right to Reunion

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  • © 2023

Overview

Authors:
  1. Alice Diver

    1. School of Law, Queen's University Belfast, Belfast, UK

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  • Presents an interdisciplinary look at adoption and ‘orphanhood’ through analysis of literature/fiction and law
  • Traces the stigmatizing, ‘othering’ effects chronologically across different historical eras
  • Uses these ‘testimonies’ as a better way to explore and achieve meaningful changes to sociocultural attitudes

Part of the book series: Palgrave Socio-Legal Studies (PSLS)

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About this book

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.






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Table of contents (5 chapters)

  1. Front Matter

    Pages i-viii
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  2. Introduction

    • Alice Diver
    Pages 1-9

  3. Customs and ‘Laws’ of Orphanisation: Bastards and Foundlings in Folklore and Fairy Tale

    • Alice Diver
    Pages 11-52

  4. Monsters, Heroes, Waifs, and a ‘Witch’

    • Alice Diver
    Pages 53-87

  5. Adoption’s ‘Golden Age’: From Orphan Rescue to the Rights of the Child

    • Alice Diver
    Pages 89-129

  6. Legal Fictions, Dystopian Truths: [Re]Writing Family Life Rights

    • Alice Diver
    Pages 131-181

  7. Back Matter

    Pages 183-189
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Authors and Affiliations

  • School of Law, Queen's University Belfast, Belfast, UK

    Alice Diver

About the author

Alice Diver is Lecturer in Family Law at The School of Law, Queen’s University, Belfast, Northern Ireland. 

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