This chapter discusses Defoe’s involvement with the law and the penal system, focusing on his brushes with the censorship laws, resulting in his experience of prison, as well as his business failures and imprisonment for debt. The second half treats Defoe’s representation of the law and prison in his fiction. The chapter outlines the British judicial and penal system at the end of the seventeenth and the beginning of the eighteenth century, underlining the differences from today’s situation in the UK. It also discusses Defoe’s representation of Newgate in Moll Flanders in its historical and literary contexts. The latter is especially linked to Defoe’s creative inflection of the genre of the criminal (auto)biography with its moral and religious overtones. The chapter also provides a brief summary of the contemporary sedition and libel laws and how Defoe fell foul of these.

The mirror image of the Fool who succeeds despite himself is the rebel doomed to fail. Centuries of institutionalized servitude had begotten both actual and dreamed-of rebellion, with songs, poems, and legends that immortalized the rebels and their acts. Alexander Pushkin, Mikhail Lermontov, and Nikolai Gogol all had explored themes of freedom and rebellion, and post-Emancipation writers took these themes into the nascent medium of popular commercial fiction in the form of the adventure novel. The novels delivered excitement while reinforcing the wisdom of generations; to wit, that Russia’s secular and religious order could not be violated with impunity. Tolstoy in Anna Karenina and Dostoevsky in Crime and Punishment and The Brothers Karamazov innovated within a traditional mythology of rebels that had long served at once to question and accentuate the oppressive authority of tsarist rulers. At the time they were writing, the conventions that had led larger-than-life heroes and heroines to fulfillment or destruction were already changing in the shared Russian imagination. The cult of doomed rebellion associated with rebels had begun to give way to a new and growing emphasis on the agency and power of ordinary people.