Bleak House

The legal system in England and Wales is typically based on common law. In common law, judgments and outcomes create a series of precedents that form the foundations of the legal system. Given the centuries of history in this legal system, common law is a complex web of precedents and prior outcomes. Unlike other systems, the legal system is not the sole creation of legislators and politicians. The traditional system of common law was established by a series of courts and judges—all with the reigning monarch’s approval—who would travel around the country and set precedents. In this respect, common law was flexible, as it could incorporate local customs and idiosyncrasies when passing down judgments. However, these idiosyncrasies also made it difficult to establish a fair and consistent ruling across the land. The complex and unique nature of the common law system and the burden of fairness demanded by the population created a situation in which legal rulings could take a long time. Furthermore, the judges and those in charge of the courts had a reputation for corruption and for favoring the wealthy elite, either through bribes or social influence.

The history of common law is an important issue in Bleak House due to the legal case that is at the center of the novel’s plot. By the time Dickens wrote Bleak House, measures had been taken to counter the long, arduous, and potentially corrupt legal system in England and Wales. The conflicting wills in the novel represent the newfound demand for legal documentation that was becoming common in Victorian courts. In particular, the demand for equality and fairness resulted in the Court of Chancery. This court, and the “Lord Chancellor” who oversaw it, was exempt from the need to refer to legal precedence when reaching a ruling. They heard arguments based entirely on merits inherent in the case. These judgments provided an alternative to common law that became known as case law. As a result, the legal system in England and Wales became a complex intersection between common and case law, which the judges and barristers were tasked with untangling.

In the opening of the novel, Dickens defends the accuracy of its depiction of the Court of Chancery. He insists that he talked to people involved in the court and learned firsthand how the intricate court systems could result in years and even decades of delays to reach a satisfying conclusion (or any conclusion at all). Dickens himself had also worked as a court reporter and a legal clerk, meaning that he was involved in the legal system from a young age. In Bleak House, the Jarndyce and Jarndyce case is emblematic of the complicated legal system. A court case that involves a huge amount of money has been delayed and delayed for many years; for the many people involved, it can easily become an obsession, destroying a number of lives. In Bleak House, the Jarndyce and Jarndyce case satirizes the complicated legal system in England and Wales, beginning with (but not limited to) the Court of Chancery.