ABSTRACT
Tess of the d’Urbervilles is a pertinent text with which to critique aspects of the doctrine of provocation primarily because it upbraids the law: in the case of Tess, the execution of justice seems very like the execution of innocence. Despite its fictional context, this reproach appears valid, plausible and worthy of exploration and because of its fictional context the challenges to doctrine are conceived and conveyed anew. Secondly, as with novel caselaw itself, the ‘facts’ of Tess are similar to and different from existing precedents, providing new points of comparison. Aligning the ‘facts’ of Tess’s case with three successive trial-narratives allows doctrinal models to be tested against these facts for their degree of ‘fit’.
