Where were you when I needed you? Omission in law and fiction

Abstract

This thesis, comprising a creative component and exegesis, examines and critiques Australian laws relating to killing by omission. It traces some of the fictive techniques I adopted in an attempt to produce an affective and embodied reading experience of this legal space. The creative work comprises seven short stories, some connected by a common character. They explore specific reasons people fail to act to help others in danger. The stories are influenced by Australian laws relating to omission and criticise what I perceive to be the unjustifiable state of the law. In an attempt to produce an affective reading experience of omission, the creative work explores the limits of the “show don’t tell” technique and tests how the omission of a character’s consciousness can produce a reading experience of catharsis. The exegesis traces the development of my ideas relating to killing by omission and the fictive strategies I employed. I examine the history of Australian laws relating to killing by omission in an attempt to expose the laws as arbitrary, anachronistic, and immoral. I also attempt to establish clear lines of influence from the legal concepts to my fiction. The exegesis identifies a shift in my creative work from a focus on legal critique to the production of fictive effects, namely emotion. My work contributes to the ongoing debate about the need to reform Australian laws relating to killing by omission. It seeks to do this by reminding people of the tragic consequences omissions can have on those we care about most. Accordingly, this thesis may interest people working in law reform, law and literature researchers, and fiction writers and researchers interested in literary omission. Ultimately, the development of my creative work involved significant negotiation between legal criticism and aesthetic demands. At the fore, however, was a desire to create an emotional and persuasive fictive world.