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Author: Paul Raffield Publisher: Bloomsbury Publishing ISBN: 1847316069 Category : Law Languages : en Pages : 272
Book Description
Through an examination of six plays by Shakespeare, the author presents an innovative analysis of political developments in the last decade of Elizabethan rule and their representation in poetic drama of the period. The playhouses of London in the 1590s provided a distinctive forum for discourse and dissemination of nascent political ideas. Shakespeare exploited the unique capacity of theatre to humanise contemporary debate concerning the powers of the crown and the extent to which these were limited by law. The autonomous subject of law is represented in the plays considered here as a sentient political being whose natural rights and liberties found an analogue in the narratives of common law, as recorded in juristic texts and law reports of the early modern era. Each chapter reflects a particular aspect of constitutional development in the late-Elizabethan state. These include abuse of the royal prerogative by the crown and its agents; the emergence of a politicised middle class citizenry, empowered by the ascendancy of contract law; the limitations imposed by the courts on the lawful extent of divinely ordained kingship; the natural and rational authority of unwritten lex terrae; the poetic imagination of the judiciary and its role in shaping the constitution; and the fusion of temporal and spiritual jurisdiction in the person of the monarch. The book advances original insights into the complex and agonistic relationship between theatre, politics, and law. The plays discussed offer persuasive images both of the crown's absolutist tendencies and of alternative polities predicated upon classical and humanist principles of justice, equity, and community. 'It is now canon in progressive U.S. legal scholarship that to focus solely on the text of our Constitution is myopic. We look as well for "constitutional moments", moments when the zeitgeist is so transformed that our fundamental legal charter changes with it. In this breathtakingly erudite book, Paul Raffield argues that the late-Elizabethan period was such a "constitutional moment" in England, a moment literally "played out" for the polity by the greatest dramatist of all time. A lawyer and a thespian, Raffield handles both legal and literary sources with exquisite care. As with the works of the Old Masters, one dwells pleasurably on each detail until their cumulative force presses one backward to see the canvas in its sudden, glorious entirety. A major achievement.' Kenji Yoshino Chief Justice Earl Warren Professor of Constitutional Law, NYU School of Law
Author: Paul Raffield Publisher: Bloomsbury Publishing ISBN: 1847316069 Category : Law Languages : en Pages : 272
Book Description
Through an examination of six plays by Shakespeare, the author presents an innovative analysis of political developments in the last decade of Elizabethan rule and their representation in poetic drama of the period. The playhouses of London in the 1590s provided a distinctive forum for discourse and dissemination of nascent political ideas. Shakespeare exploited the unique capacity of theatre to humanise contemporary debate concerning the powers of the crown and the extent to which these were limited by law. The autonomous subject of law is represented in the plays considered here as a sentient political being whose natural rights and liberties found an analogue in the narratives of common law, as recorded in juristic texts and law reports of the early modern era. Each chapter reflects a particular aspect of constitutional development in the late-Elizabethan state. These include abuse of the royal prerogative by the crown and its agents; the emergence of a politicised middle class citizenry, empowered by the ascendancy of contract law; the limitations imposed by the courts on the lawful extent of divinely ordained kingship; the natural and rational authority of unwritten lex terrae; the poetic imagination of the judiciary and its role in shaping the constitution; and the fusion of temporal and spiritual jurisdiction in the person of the monarch. The book advances original insights into the complex and agonistic relationship between theatre, politics, and law. The plays discussed offer persuasive images both of the crown's absolutist tendencies and of alternative polities predicated upon classical and humanist principles of justice, equity, and community. 'It is now canon in progressive U.S. legal scholarship that to focus solely on the text of our Constitution is myopic. We look as well for "constitutional moments", moments when the zeitgeist is so transformed that our fundamental legal charter changes with it. In this breathtakingly erudite book, Paul Raffield argues that the late-Elizabethan period was such a "constitutional moment" in England, a moment literally "played out" for the polity by the greatest dramatist of all time. A lawyer and a thespian, Raffield handles both legal and literary sources with exquisite care. As with the works of the Old Masters, one dwells pleasurably on each detail until their cumulative force presses one backward to see the canvas in its sudden, glorious entirety. A major achievement.' Kenji Yoshino Chief Justice Earl Warren Professor of Constitutional Law, NYU School of Law
Author: Paul Raffield Publisher: Bloomsbury Publishing ISBN: 1509905499 Category : Law Languages : en Pages : 309
Book Description
Through an examination of five plays by Shakespeare, Paul Raffield analyses the contiguous development of common law and poetic drama during the first decade of Jacobean rule. The broad premise of The Art of Law in Shakespeare is that the 'artificial reason' of law was a complex art form that shared the same rhetorical strategy as the plays of Shakespeare. Common law and Shakespearean drama of this period employed various aesthetic devices to capture the imagination and the emotional attachment of their respective audiences. Common law of the Jacobean era, as spoken in the law courts, learnt at the Inns of Court and recorded in the law reports, used imagery that would have been familiar to audiences of Shakespeare's plays. In its juridical form, English law was intrinsically dramatic, its adversarial mode of expression being founded on an agonistic model. Conversely, Shakespeare borrowed from the common law some of its most critical themes: justice, legitimacy, sovereignty, community, fairness, and (above all else) humanity. Each chapter investigates a particular aspect of the common law, seen through the lens of a specific play by Shakespeare. Topics include the unprecedented significance of rhetorical skills to the practice and learning of common law (Love's Labour's Lost); the early modern treason trial as exemplar of the theatre of law (Macbeth); the art of law as the legitimate distillation of the law of nature (The Winter's Tale); the efforts of common lawyers to create an image of nationhood from both classical and Judeo-Christian mythography (Cymbeline); and the theatrical device of the island as microcosm of the Jacobean state and the project of imperial expansion (The Tempest).
Author: Ian Ward Publisher: Cambridge University Press ISBN: 9780406988034 Category : Drama Languages : en Pages : 258
Book Description
This work offers an analysis of constitutional law, examining Shakespeare's plays as legal texts. Professor Ward uses the plays as a starting point to investigate the development of constitutional ideas such as sovereignty, commonwealth, conscience and moral law, and the art of government. In the developing area of law and literature, this book examines how Shakespeare's work offers a rich source of textual material on legal subjects.
Author: Paul Raffield Publisher: Bloomsbury Publishing ISBN: 1509905480 Category : Law Languages : en Pages : 496
Book Description
Through an examination of five plays by Shakespeare, Paul Raffield analyses the contiguous development of common law and poetic drama during the first decade of Jacobean rule. The broad premise of The Art of Law in Shakespeare is that the 'artificial reason' of law was a complex art form that shared the same rhetorical strategy as the plays of Shakespeare. Common law and Shakespearean drama of this period employed various aesthetic devices to capture the imagination and the emotional attachment of their respective audiences. Common law of the Jacobean era, as spoken in the law courts, learnt at the Inns of Court and recorded in the law reports, used imagery that would have been familiar to audiences of Shakespeare's plays. In its juridical form, English law was intrinsically dramatic, its adversarial mode of expression being founded on an agonistic model. Conversely, Shakespeare borrowed from the common law some of its most critical themes: justice, legitimacy, sovereignty, community, fairness, and (above all else) humanity. Each chapter investigates a particular aspect of the common law, seen through the lens of a specific play by Shakespeare. Topics include the unprecedented significance of rhetorical skills to the practice and learning of common law (Love's Labour's Lost); the early modern treason trial as exemplar of the theatre of law (Macbeth); the art of law as the legitimate distillation of the law of nature (The Winter's Tale); the efforts of common lawyers to create an image of nationhood from both classical and Judeo-Christian mythography (Cymbeline); and the theatrical device of the island as microcosm of the Jacobean state and the project of imperial expansion (The Tempest).
Author: Mark Fortier Publisher: Taylor & Francis ISBN: 1000577384 Category : Literary Criticism Languages : en Pages : 152
Book Description
Shakespeare's Law is a critical overview of law and legal issues within the life, career, and works of William Shakespeare as well as those that arise from the endless array of activities that happen today in the name of Shakespeare. Mark Fortier argues that Shakespeare’s attitudes to law are complex and not always sanguine, that there exists a deep and perhaps ultimate move beyond law very different from what a lawyer or legal scholar might recognize. Fortier looks in detail at the legal issues most prominent across Shakespeare’s work: status, inheritance, fraud, property, contract, tort (especially slander), evidence, crime, political authority, trials, and the relative value of law and justice. He also includes two detailed case studies, of The Merchant of Venice and Measure for Measure, as well as a chapter looking at law in works by Shakespeare's contemporaries. The book concludes with a chapter on the law as it relates to Shakespeare today. The book shows that the legal issues in Shakespeare are often relevant to issues we face now, and the exploration of law in Shakespeare is as germane today, though in sometimes new ways, as in the past.
Author: Paul Raffield Publisher: Bloomsbury Publishing ISBN: 1509929851 Category : Law Languages : en Pages : 305
Book Description
Through analysis of 5 plays by Shakespeare, Paul Raffield examines what it meant to be a 'stranger' to English law in the late Elizabethan and early Jacobean period. The numbers of strangers increased dramatically in the late sixteenth century, as refugees fled religious persecution in continental Europe and sought sanctuary in Protestant England. In the context of this book, strangers are not only persons ethnically or racially different from their English counterparts, be they immigrants, refugees, or visitors. The term also includes those who transgress or are simply excluded by their status from established legal norms by virtue of their faith, sexuality, or mode of employment. Each chapter investigates a particular category of 'stranger'. Topics include the treatment of actors in late Elizabethan England and the punishment of 'counterfeits' (Measure for Measure); the standing of refugees under English law and the reception of these people by the indigenous population (The Comedy of Errors); the establishment of 'Troynovant' as an international trading centre on the banks of the Thames (Troilus and Cressida); the role of law and the state in determining the rights of citizens and aliens (The Merchant of Venice); and the disenfranchised, estranged position of the citizen in a dysfunctional society and an acephalous realm (King Lear). This is the third sole-authored book by Paul Raffield on the subject of Shakespeare and the Law. The others are Shakespeare's Imaginary Constitution: Late Elizabethan Politics and the Theatre of Law (2010) and The Art of Law in Shakespeare (2017), both published by Hart/Bloomsbury.
Author: Richard Wilson Publisher: Edinburgh University Press ISBN: 1474411355 Category : Literary Criticism Languages : en Pages : 320
Book Description
In Worldly Shakespeare Richard Wilson proposes that the universalism proclaimed in the name of Shakespeare's playhouse was tempered by his own worldliness, the performative idea that runs through his plays, that if 'All the world's a stage', then 'all the men and women in it' are 'merely players'. Situating this playacting in the context of current concerns about the difference between globalization and mondialisation, the book considers how this drama offers itself as a model for a planet governed not according to universal toleration, but the right to offend: 'But with good will'. For when he asks us to think we 'have but slumbered' throughout his offensive plays, Wilson suggests, Shakespeare is presenting a drama without catharsis, which anticipates post-structuralist thinkers like Jacques Rancire and Slavoj A iA ek, who insist the essence of democracy is dissent, and 'the presence of two worlds in one'. Living out his scenario of the guest who destroys the host, by welcoming the religious terrorist, paranoid queen, veiled woman, papist diehard, or puritan fundamentalist into his play-world, Worldly Shakespeare concludes, the dramatist instead provides a pretext for our globalized communities in a time of Facebook and fatwa, as we also come to depend on the right to offend 'with our good will'.
Author: Julie Stone Peters Publisher: Oxford University Press ISBN: 0192653598 Category : Literary Criticism Languages : en Pages : 367
Book Description
Tirades against legal theatrics are nearly as old as law itself, and yet so is the age-old claim that law must not merely be done: it must be "seen to be done." Law as Performance traces the history of legal performance and spectatorship through the early modern period. Viewing law as the product not merely of edicts or doctrines but of expressive action, it investigates the performances that literally created law: in civic arenas, courtrooms, judges' chambers, marketplaces, scaffolds, and streets. It examines the legal codes, learned treatises, trial reports, lawyers' manuals, execution narratives, rhetoric books, images (and more) that confronted these performances, praising their virtues or denouncing their evils. In so doing, it recovers a long, rich, and largely overlooked tradition of jurisprudential thought about law as a performance practice. This tradition not only generated an elaborate poetics and politics of legal performance. It provided western jurisprudence with a set of constitutive norms that, in working to distinguish law from theatrics, defined the very nature of law. In the crucial opposition between law and theatre, law stood for cool deliberation, by-the-book rules, and sovereign discipline. Theatre stood for deceptive artifice, entertainment, histrionics, melodrama. And yet legal performance, even at its most theatrical, also appeared fundamental to law's realization: a central mechanism for shaping legal subjects, key to persuasion, essential to deterrence, indispensable to law's power, —as it still does today.
Author: Daniela Carpi Publisher: Walter de Gruyter GmbH & Co KG ISBN: 3110590891 Category : Language Arts & Disciplines Languages : en Pages : 455
Book Description
Shakespeare was fascinated by law, which permeated Elizabethan everyday life. The general impression one derives from the analysis of many plays by Shakespeare is that of a legal situation in transformation and of a dynamically changing relation between law and society, law and the jurisdiction of Renaissance times. Shakespeare provides the kind of literary supplement that can better illustrate the legal texts of the sixteenth and early seventeenth centuries. There was a strong popular participation in the system of justice, and late sixteenth-century playwrights often made use of forensic models of narrative. Uncertainty about legal issues represented a rich potential for causing strong reactions in the public, especially feelings concerning the resistance to tyranny. The volume aims at highlighting some of the many legal perspectives and debates emplotted in Shakespearean plays, also taking into consideration the many texts that have been produced during the latest years on law and literature in the Renaissance.
Author: Sidia Fiorato Publisher: Walter de Gruyter GmbH & Co KG ISBN: 3110464489 Category : Law Languages : en Pages : 264
Book Description
In the Renaissance period the body emerges as the repository of social and cultural forces and a privileged metaphor for political practices and legal codification. Due to its ambivalent expressive force, it represents the seat and the means for the performance of normative identity and at the same time of alterity. The essays of the collection address the manifold articulations of this topic, demonstrating how the inscription of the body within the discursive spheres of gender identity, sexuality, law, and politics align its materiality with discourses whose effects are themselves material. The aesthetic and performative dimension of law inform the debates on the juridical constitution of authority, as well as its reflection on the formation and the moulding of individual subjectivity. Moreover, the inherently theatrical elements of the law find an analogy in the popular theatre, where juridical practices are represented, challenged, occasionally subverted or created. The works analyzed in the volume, in their ample spectre of topics and contexts aim at demonstrating how in the Renaissance period the body was the privileged focus of the social, legal and cultural imagination.