I love it, I really do. It’s such an effective answer to the question: Why can’t your villain kill your hero- or at least not yet? I am an absolute sucker for relationships between protagonist and antagonist, relationships that lead to shuddery suspense, games of cat-and-mouse rather than full-blooded conflict. And to get those, you need a reason that the villain can’t shoot the hero in the head during the first five nanoseconds of their saucy pas de deux.
In other words: why does the villain need the hero? All right, yeah, maybe they just want to kiss a whole bunch, but it’s good to have other options.
I will admit that I am biased, being a great big law nerd and all. But you can’t deny, the law makes excellent general-purpose plot fuel. In the fullness of its insistent uncompromising bitchiness, the law is always insisting that something just has to happen in a particular way, or that someone must do something that no sensible person would contemplate
Why, after all, does Jonathan toddle off to the death castle while wailing peasants beg him to run in the other direction? Because there are only limited circumstances in which lawyers are allowed to abandon the interests of their clients- and “the peasants were screaming” isn’t one of them.
Why do the Bennett sisters have to get married post haste? Because their father’s property is entailed, meaning they’ll be penniless when he dies. Why does David Balfour get kidnapped? Because he’s the rightful heir of an entailed estate and his wicked uncle can’t scheme or buy his way out of that implacable fact.
Why does Mary Lennox have to leave the country where she was born and hang out in a secret haunted garden with foxes and robins and shit? Because guardianship law makes her the responsibility of an uncle she’s never seen. Why does it matter that Jean Valjean used to be a convict? Because he broke parole, meaning Javert can drag him straight back to the galleys no matter how many little girls he’s rescued in the meantime.
Why doesn’t Mr. Rochester tell Jane Eyre the truth about the woman locked up in his attic? Bigamy laws. Why is Oliver Twist abducted from Mr. Brownlow? Inheritance laws. Why does Heathcliff insist on bringing up his son himself when he hates the kid? Marital property laws, in connection with a REAL complicated scheme that has Heathcliff playing matchmaker for two teenagers for years on end, just to make his romantic rival as miserable as possible.
I could go on ad nauseam. My beloved Wilkie Collins, who trained as a lawyer in part because he was so fascinated with the use of the law for crime, absolutely saturated his plots with this kind of thing. A man protects himself from an assassination plot through the cunning use of sealed directions deposited with a lawyer. A steely-eyed mother protects her naïve daughter from exploitation by a Real Bad Man through a cleverly drafted will. A Wicked Baronet locks his old girlfriend up in an asylum because she knows about the single document that could strip him of his entire fortune.