黑白两道 》 荒涼山莊 Bleak House 》
PREFACE
查爾斯·狄更斯 Charles Dickens
PREFACE
《荒涼山莊》（Bleak House）
或譯為《蕭齋》，發表於1852年至1853年之間，是狄更斯最長的作品之一，它以錯綜復雜的情節揭露英國法律制度和司法機構的黑暗。
這部小說內容諷刺英國古老的“大法官庭”（Chancery）的作風，是司法體製顢頇、邪惡、無能的象徵。小說描寫了一件爭奪遺産的訴訟案，由於司法人員從中營私、徇訐，竟使得案情拖延二十年。在一個偶然機會裏，男爵夫人的私生女艾瑟?薩莫森（Esther Summerson）被那一群律師得知，於是追根究柢的律師藉此威脅男爵夫人，甚至整死一名流浪少年，男爵夫人被迫離傢出走，死於一場暴風雪。其中一名律師被他所利用的人殺害。這二十年期間申訴者居住在荒涼山莊，主人約翰?詹狄士（John Jarndyce）成為一對表兄妹的監護人，等待法官做最後的判决，最後整筆遺産正好全數支付有關的法律訴訟費用，跟訴訟案有關的人死的死，發瘋的發瘋。多數評論傢如蕭伯納、切斯特頓、康拉德、崔爾琳等人皆認為這部小說是“創下小說寫作高峰”，也是第一本“法律小說”。
Bleak House is the ninth novel by Charles Dickens, published in twenty monthly installments between March 1852 and September 1853. It is held to be one of Dickens's finest novels, containing one of the most vast, complex and engaging arrays of minor characters and sub-plots in his entire canon. The story is told partly by the novel's heroine, Esther Summerson, and partly by an omniscient narrator. Memorable characters include the menacing lawyer Tulkinghorn, the friendly but depressive John Jarndyce and the childish Harold Skimpole, as well as the likeable but imprudent Richard Carstone.
At the novel's core is long-running litigation in England's Court of Chancery, Jarndyce and Jarndyce, which has far-reaching consequences for all involved. This case revolves around a testator who apparently made several wills, all of them seeking to bequeath money and land surrounding the Manor of Marr in South Yorkshire. The litigation, which already has consumed years and sixty to seventy thousand pounds sterling in court costs, is emblematic of the failure of Chancery. Dickens's assault on the flaws of the British judiciary system is based in part on his own experiences as a law clerk, and in part on his experiences as a Chancery litigant seeking to enforce his copyright on his earlier books. His harsh characterisation of the slow, arcane Chancery law process gave memorable form to pre-existing widespread frustration with the system. Though Chancery lawyers and judges criticized Dickens's portrait of Chancery as exaggerated and unmerited, his novel helped to spur an ongoing movement that culminated in enactment of the legal reform in the 1870s. In fact, Dickens was writing just as Chancery was reforming itself, with the Six Clerks and Masters mentioned in Chapter One abolished in 1842 and 1852 respectively: the need for further reform was being widely debated. These facts raise an issue as to when Bleak House is actually set. Technically it must be before 1842, and at least some of his readers at the time would have been aware of this. However, there is some question as to whether this timeframe is consistent with some of the themes of the novel. The great English legal historian Sir William Holdsworth (see below), set the action in 1827.
PREFACE
A Chancery judge once had the kindness to inform me, as one of a company of some hundred and fifty men and women not labouring under any suspicions of lunacy, that the Court of Chancery, though the shining subject of much popular prejudice (at which point I thought the judge's eye had a cast in my direction), was almost immaculate. There had been, he admitted, a trivial blemish or so in its rate of progress, but this was exaggerated and had been entirely owing to the "parsimony of the public," which guilty public, it appeared, had been until lately bent in the most determined manner on by no means enlarging the number of Chancery judges appointed--I believe by Richard the Second, but any other king will do as well.
This seemed to me too profound a joke to be inserted in the body of this book or I should have restored it to Conversation Kenge or to Mr. Vholes, with one or other of whom I think it must have originated. In such mouths I might have coupled it with an apt quotation from one of Shakespeare's sonnets:
"My nature is subdued To what it works in, like the dyer's hand: Pity me, then, and wish I were renewed!"
But as it is wholesome that the parsimonious public should know what has been doing, and still is doing, in this connexion, I mention here that everything set forth in these pages concerning the Court of Chancery is substantially true, and within the truth. The case of Gridley is in no essential altered from one of actual occurrence, made public by a disinterested person who was professionally acquainted with the whole of the monstrous wrong from beginning to end. At the present moment (August, 1853) there is a suit before the court which was commenced nearly twenty years ago, in which from thirty to forty counsel have been known to appear at one time, in which costs have been incurred to the amount of seventy thousand pounds, which is A FRIENDLY SUIT, and which is (I am assured) no nearer to its termination now than when it was begun. There is another well-known suit in Chancery, not yet decided, which was commenced before the close of the last century and in which more than double the amount of seventy thousand pounds has been swallowed up in costs. If I wanted other authorities for Jarndyce and Jarndyce, I could rain them on these pages, to the shame of--a parsimonious public.
There is only one other point on which I offer a word of remark. The possibility of what is called spontaneous combustion has been denied since the death of Mr. Krook; and my good friend Mr. Lewes (quite mistaken, as he soon found, in supposing the thing to have been abandoned by all authorities) published some ingenious letters to me at the time when that event was chronicled, arguing that spontaneous combustion could not possibly be. I have no need to observe that I do not wilfully or negligently mislead my readers and that before I wrote that description I took pains to investigate the subject. There are about thirty cases on record, of which the most famous, that of the Countess Cornelia de Baudi Cesenate, was minutely investigated and described by Giuseppe Bianchini, a prebendary of Verona, otherwise distinguished in letters, who published an account of it at Verona in 1731, which he afterwards republished at Rome. The appearances, beyond all rational doubt, observed in that case are the appearances observed in Mr. Krook's case. The next most famous instance happened at Rheims six years earlier, and the historian in that case is Le Cat, one of the most renowned surgeons produced by France. The subject was a woman, whose husband was ignorantly convicted of having murdered her; but on solemn appeal to a higher court, he was acquitted because it was shown upon the evidence that she had died the death of which this name of spontaneous combustion is given. I do not think it necessary to add to these notable facts, and that general reference to the authorities which will be found at page 30, vol. ii.,* the recorded opinions and experiences of distinguished medical professors, French, English, and Scotch, in more modern days, contenting myself with observing that I shall not abandon the facts until there shall have been a considerable spontaneous combustion of the testimony on which human occurrences are usually received.
In Bleak House I have purposely dwelt upon the romantic side of familiar things.
1853
* Another case, very clearly described by a dentist, occurred at the town of Columbus, in the United States of America, quite recently. The subject was a German who kept a liquor-shop and was an inveterate drunkard.
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